A New Jersey Transit clerk is suing after the agency suspended him for using medical marijuana to treat his end-stage renal failure.
The suit filed last month by 57-year-old Charlie Davis may be the first of its kind in New Jersey, where medical marijuana has been legally available since 2012.
Davis says the drug helps ease pain in his nerve-damaged legs and makes it easier to sleep.
Davis was sent for a drug test in December and told the medical director that he’s a medical marijuana patient.
NJ Transit spokesman John Durso tells The Star-Ledger that even though the drug is legal for certain patients in the state, it’s prohibited under Federal Railroad Administration and Federal Transit Administration guidelines.
Courts have sided with employers in similar cases elsewhere.