NH Supreme Court Rules Medical Marijuana Use Can Qualify as Reasonable Work Accommodation

For Immediate Release: January 20, 2022
Ari Schechter, ariana@aclu-nh.org
Sarah Jancarik, sarahj@drcnh.org

CONCORD, N.H. – The New Hampshire Supreme Court issued a ruling last week that people enrolled in the state’s medical cannabis program can be given reasonable accommodations at their place of work under the state’s discrimination law. In this case, a man with post-traumatic stress disorder who was enrolled in the state’s therapeutic cannabis program was fired from his job after his employer would not consider his request for a reasonable accommodation to opt out of drug testing.

The ACLU of New Hampshire and Disability Rights Center – NH, submitted a joint “amicus curiae” brief in the case, and give the following statements:

Henry Klementowicz, senior staff attorney at the ACLU of New Hampshire, said, “This supreme court ruling is a victory for the over ten thousand Granite Staters enrolled in the state’s medical cannabis program who were at were at risk of experiencing employment discrimination due to their disability. People with disabilities should not be denied employment opportunities based on what is required to treat their condition. We are pleased with the New Hampshire Supreme Court’s ruling, which affirms these protections.”

Sarah Jancarik, staff attorney at Disability Rights Center – NH, said, “People with disabilities already face numerous barriers to employment. The lower court’s assertion that accommodations for medical marijuana can never be reasonable had the potential to have far reaching adverse impacts on the disability community in New Hampshire. Reasonable accommodations need to be evaluated on a case-by-case basis and we are pleased that our Supreme Court has reaffirmed this core element of state civil rights law.”



Disability Rights Center – New Hampshire is a statewide non-profit organization dedicated to eliminating barriers for people with disabilities across New Hampshire. DRC is the federally designated protection and advocacy agency for New Hampshire and has authority under federal law to conduct investigations in cases of probable abuse or neglect.

News Updates