A state district judge on Thursday upheld the firing of a physician’s assistant by Presbyterian Healthcare Services because the woman, a registered medical marijuana patient, tested positive for marijuana while on the job.
Her attorney said the court’s decision is “on the wrong side of history” and out of step with the new “civil rights movement” that is medical marijuana.
But Presbyterian Healthcare Services spokeswoman Amanda Schoenberg said that under federal law, “Employees and contracted personnel are required to demonstrate that they are drug-free as a condition of working at Presbyterian.”
At the conclusion of an hourlong hearing, 2nd Judicial District Judge Nan Nash granted a summary judgment in favor of Presbyterian. She agreed with defense attorney Robert Conklin’s argument that Presbyterian is a federal contractor that accepts Medicare and Medicaid reimbursements and must comply with the Federal Drug-Free Workplace Act of 1988.