Late last week the Nevada Supreme Court ruled that medical marijuana patients can sue employers if they were fired for off-the-job marijuana use.
The ruling stems from a lawsuit filed in November, 2019 by Jim Roushkolb in the Eight District Court.
Roushkolb used cannabis to ease PTSD symptoms and anxiety stemming from a physical attack against him, but in 2018 his employer Freeman Expositions LLC fired him on the spot after he tested positive for THC. They did this despite knowing that he’s a legal medical marijuana patient.
“The company acted discriminatory, this company violated his rights, and this multi-jurisdictional, multi-million dollar company, they terminated him in violation of Nevada law,” said Roushkolb’s attorney Christian Gabroy. “This company, Freeman, knew the law.”
Gabroy accepted the case calling it “clear-cut”.
Roushkolb was tested for THC after a plexiglass sheet fell on the worksite and shattered, causing employees to be drug-tested.
Freeman Expositions moved to get the lawsuit’s multiple charges dismissed in District Court, but when the court refused to dismiss several claims, Freeman Expositions appealed to the Nevada Supreme Court.
The company argued that Nevada law doesn’t allow Roushkolb to sue for wrongful termination in this case.
“Like corporations normally do, they want to fight us tooth and nail,” said Gabroy.
Freeman Expositions lost the case, setting precedent across the state.
Gabroy said the ruling sets a landmark precedent that companies can be sued if they fire someone for marijuana use off company hours while holding a medical card.
“Nevada has stepped up today and realized that the balance needs to be that a man can medically take his medication,” said Gabroy, “whether that be THC medication, whether that be some cancer curing medication, for gods sake, whether that be a Polio vaccination, right, he has the right to do that.”
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