Legal Opinion

Barbuto v. Advantage Sales and Marketing, LLC

Massachusetts Supreme Judicial Court

Decided July 17, 2017No. SJC 12226PublishedCited by 17 opinions

1Opinion of the CourtGants, C.J.

In 2012, Massachusetts voters approved the initiative petition entitled, “An Act for the humanitarian medical use of marijuana,” St. 2012, c. 369 (medical marijuana act or act), whose stated purpose is “that there should be no punishment under [Sjtate law for qualifying patients. ... for the medical use of marijuana.” Id. at § 1. The issue on appeal is whether a qualifying patient who has been terminated from her employment because she tested positive for marijuana as a result of her lawful medical use of marijuana has a civil remedy against her employer. We conclude that the plaintiff may…

2Cases cited30 opinions

  1. Transamerica Mortgage Advisors, Inc. v. LewisSupreme Court of the United States · 1979
  2. Gonzales v. RaichSupreme Court of the United States · 2005
  3. Spurling v. C & M Fine Pack, Inc.Court of Appeals for the Seventh Circuit · 2014
  4. Reed v. Lepage Bakeries, Inc.Court of Appeals for the First Circuit · 2001
  5. King v. DriscollMassachusetts Supreme Judicial Court · 1994

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3Cited by17 opinions

  1. Miceli v. JetBlue Airways Corp.Court of Appeals for the First Circuit · 2019
  2. Ellis v. Safety InsuranceMassachusetts Appeals Court · 1996
  3. Wawenock, LLC v. Department of TransportationSupreme Judicial Court of Maine · 2018
  4. Noffsinger v. SSC Niantic Operating Co.District Court, D. Connecticut · 2017
  5. Dexter v. Dealogic, LLCDistrict Court, District of Columbia · 2019

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