- Associated Press - Friday, August 14, 2015

ALBUQUERQUE, N.M. (AP) - A state district judge has upheld the firing of a physician’s assistant because the woman, who is a registered medical marijuana patient, tested positive for marijuana while working as an employee at Presbyterian Healthcare Services.

The Albuquerque Journal reports (http://bit.ly/1h9vely ) Presbyterian spokeswoman Amanda Schoenberg says that under federal law, employees must show that they are drug-free. The judge ruled in favor of Presbyterian Thursday, agreeing that the federal contractor must comply with the Federal Drug-Free Workplace Act of 1988.

Donna Smith filed a lawsuit against the Albuquerque health care provider, claiming discriminatory termination in 2014. Smith, who served in the military and suffers from PTSD, was prescribed medical marijuana by a physician in November 2013.

Smith’s attorney said the court’s decision is “on the wrong side of history.”

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Information from: Albuquerque Journal, http://www.abqjournal.com

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