Sneha Ajai – Noffsinger v. SSC Niantic Operating Company LLC

Sneha Ajai – Noffsinger v. SSC Niantic Operating Company LLC

 Sneha Ajai Case United States District Court, D. Connecticut. Katelin NOFFSINGER, Plaintiff, v. SSC NIANTIC OPERATING COMPANY LLC, d/b/a Bride Brook Nursing & Rehabilitation Center, Defendant. Noffsinger v. SSC Niantic Operating Company LLC 273 F.Supp.3d 326 (2017) U.S. District Court, D. Connecticut Issues Does the federal Controlled Substances Act (CSA) 21 U.S.C. §801-971, which categorically prohibits the use of marijuana even for medical purposes preempts the provisions in Connecticut’s Palliative Use of Marijuana Act (PUMA) Conn. Gen. Stat. 21a–408 et seq., that prohibits employers from discriminating i.e. firing or refusing to hire, against authorized persons who use marijuana for medical purposes. Further, does the permissive Connecticut state law conflict with the federal law which makes it a federal crime to use, possess, or distribute marijuana, when it prohibits employers from discriminating against authorized persons who use medicinal marijuana outside of the workplace. Does the federal Americans with Disabilities Act, 42 U.S.C. 12101 et seq. (ADA), which creates an illicit drug- use exception to the protection of employees from discrimination, preempts the provisions of the PUMA. Does the Federal Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C. 301 et seq., which does not approve or permit the usage, dispensing and licensing of medical marijuana preempts the provisions of PUMA permitting the same. Does the §21a–408p(b)(3) of PUMA impliedly authorize a private right of action. Summary: The Plaintiff (employee) was diagnosed with post-traumatic stress disorder and her doctors recommended medical marijuana to treat her PTSD. She registered with the state Department of Consumer Protection as a qualifying patient under PUMA and received her registration certificate. Subsequently, when the Plaintiff began her prescribed marijuana medication (Marinol), she was employed as a recreation therapist at Touchpoints. In 2016, the Plaintiff interviewed for a position as a director of recreational therapy with the Defendant (employer)…

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Source : Sneha Ajai – Noffsinger v. SSC Niantic Operating Company LLC

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