OCEAN CITY, N.J. — A judge has denied a claim by a New Jersey firefighter for relief after he was suspended without pay for his legal use of medical marijuana.
In his opinion released June 9, Cape May County Superior Court Judge J. Christopher Gibson said Donald Wiltshire must “exhaust the administrative process” by participating in a disciplinary hearing before the city.
Donald Wiltshire filed a civil suit against Ocean City Fire Chief Chris Breunig and the city in February, reports the Press of Atlantic City.
According to the complaint, Wiltshire had been a firefighter for 20 years when he was suspended in fall 2015 after disclosing to Ocean City Fire Department that he was ingesting medicinal marijuana for a condition called Meige syndrome.
The suit says Wiltshire disclosed his use after the Fire Department made changes to its drug-testing policy. He was immediately removed from duty on Oct. 9, 2015, and made to undergo drug testing, which yielded positive results.
Later that month, the city issued a preliminary notice of disciplinary action. On Nov. 12, 2015, Wiltshire was suspended without pay with the intent to terminate.
Judge Gibson states in his opinion that the purpose of the 2010 New Jersey Compassionate Use Medical Marijuana Act is to protect patients from penalties for the use of medicinal marijuana.
“Although the Act does not explicitly address adverse employment action, the legislative intent and the pending legislation of Assembly Bill 2482 show that plaintiff would be protected by the statute and defendant must establish that the lawful use of medical marijuana has impaired the plaintiff’s ability to perform his job responsibilities as a firefighter,” Gibson wrote.
However, in his conclusion, Gibson noted that the court is not declaring that medical use of marijuana cannot be deemed an “illegal use” for the purpose of the city’s drug policy.