NY Firefighter & Air Force Veteran Faces Down Another Battle: The Right To Use Medical Marijuana

It's been a long and often painful process that finally ended in victory for a Buffalo firefighter and US Air Force veteran who was wrongfully terminated from his job and for his lawyer who stuck with the complicated case until the very end.

Scott Martin, who was suspended in December 2020 for testing positive for cannabis despite being a legal medical marijuana patient, is returning to work this week after a two-year legal battle with the City of Buffalo and the fire department. 

What Happened

Martin, who served two tours over nearly 12 years in the Middle East, was working as an EMT specialist with the Buffalo Fire Department for more than a decade when he was suspended two years ago after testing positive for cannabis after a random workplace test. He was terminated two months later. Though there is a collective bargaining agreement between the city of Buffalo and the fire department that establishes the protocol for workplace drug testing, it does not address registered medical marijuana patients like Martin who has been legally using MMJ since 2018 to help relieve chronic back pain, sleep issues and PTSD. 

It's The Law.

Under Public Health Law §3369, a medical marijuana patient cannot be discriminated against or disciplined for the lawful use of cannabis, pointed out Martin’s attorney David C. Holland, partner and member of New York’s Prince Lobel’s business and cannabis litigation practice. 

“The rights of medical cannabis patients in the workplace is a cutting-edge legal issue. This was a case of first impression. It involved the proper balancing of the rights of the parties to a collective bargaining agreement (employers, employees, and unions) when it comes to medically prescribed marijuana,” Holland told Benzinga.

“The parties’ agreement to Martin’s reinstatement and the recognition of his rights under the Compassionate Care Act (CCA) is a reasonable resolution to this dispute. At the national level, I expect to see parties to collective bargaining agreements come to similar accommodations and resolutions,” Holland explained. 

As a result of the settlement, Martin will be reinstated to the Buffalo Fire Department this week wherein he will be restored to the same rank, seniority, salary and benefits that he held immediately before he was suspended, Holland said. The City of Buffalo and Fire Department will also recognize Martin’s status and rights as a registered medical marijuana patient under New York’s CCA.

Martin is ready to get back to work, which he's referred to as his dream job.

“I am glad that I can finally go back to the work I love – protecting the safety of the citizens of the City of Buffalo,” Martin said.

Photo: Pixabay on Pexels and Oleksandrum on Shutterstock and Wikipedia