Motion to dismiss denied in ACLU medical marijuana case

THE RHODE ISLAND branch of the American Civil Liberties Union said that a motion by Darlington Fabrics to dismiss a lawsuit brought against it involving a medical marijuana case was denied in R.I. Superior Court Tuesday. The ACLU filed suit against the fabric company last year.
THE RHODE ISLAND branch of the American Civil Liberties Union said that a motion by Darlington Fabrics to dismiss a lawsuit brought against it involving a medical marijuana case was denied in R.I. Superior Court Tuesday. The ACLU filed suit against the fabric company last year.

PROVIDENCE – A R.I. Superior Court judge on Tuesday morning denied a motion by Darlington Fabrics to dismiss a lawsuit brought against it by the American Civil Liberties Union involving its failure to hire a registered medical marijuana patient for a summer internship.
According to R.I. ACLU Executive Director Steven Brown, Judge Richard Licht denied the motion, and as a result, the lawsuit will move forward.
“If the defendants have their way, any of the thousands of people in Rhode Island using medical marijuana for serious medical conditions would be forced to choose between taking lawfully this medication to relieve their pain or not having a job. That is a cruel and unacceptable choice, and certainly not what the General Assembly had in mind in passing this important law,” Brown wrote in an email.
The Rhode Island branch of the ACLU filed the lawsuit on behalf of Christine Callaghan, a University of Rhode Island graduate student, in November.
In the lawsuit, the ACLU said that “a potential employer’s failure to hire a medical marijuana patient because of, or related to, his or her status as a medical marijuana user and/or cardholder” constitutes disability discrimination in violation of the R.I. Civil Rights Act, and also violates the medical marijuana law, which protects cardholders from discrimination in employment.
The lawsuit states that Callaghan uses medical marijuana to treat her migraine headaches, and that she told company officials she would not bring the substance to work, or come to work after using it.
She is seeking damages, compensation for attorney’s fees and a jury trial, according to the lawsuit.
Callaghan, who is working on a master’s degree in textiles, was supposed to start a paid internship at Darlington, a division of The Moore Co., in July. Shortly after she told a Darlington human resources employee about her condition and status as a registered medical marijuana cardholder, she said she was denied the internship that she needed for her master’s degree.
A representative from Darlington could not be immediately reached for comment. Previously, the company issued a statement through a spokesperson, saying it would not comment on pending litigation, but is confident that the suit will eventually be dismissed.

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