Seyfarth Synopsis: A recently-filed lawsuit in the
federal district court in Arizona alleges that an employee's
use of medical marijuana may be permissible under the federal
Americans With Disabilities Act (ADA). Although the employee faces
an uphill battle, the case presents a challenge to the
commonly-held view that the ADA does not support such a
claim.
In
Terry v. United Parcel Services, Inc., No.
2:17-cv-04972-PHX-DJB (D. Ariz., filed Dec. 29, 2017), a former UPS
sales director alleges, among other things, that UPS terminated his
employment in violation of the ADA and the Arizona Medical
Marijuana Act (AMMA). Terry alleges that he was a medical marijuana
card holder under the AMMA, and that, at the direction of his
doctor, he used medical marijuana during non-work hours to treat
his nearly constant and extreme hip pain. He claims that he never
possessed, used, or was impaired by marijuana, alcohol, or any
other impairing substance while present on UPS's
