Paine v. Ride-Away, Inc.
Paine v. Ride-Away, Inc. (Supreme Court of New Hampshire, Jan. 14, 2022): The New Hampshire Supreme Court held that an employee who was legally prescribed therapeutic cannabis for his post-traumatic stress disorder (PTSD) could have been exempted from his employer’s drug testing requirements as a reasonable accommodation for his disability. The court found that the lower court was erroneous in concluding that accommodating an employee’s use of cannabis was facially unreasonable because cannabis remains illegal at the federal level. Importantly, the disability that was being accommodated was PTSD, not cannabis use, and the employee was not requesting an accommodation to allow him to use cannabis while at work. Read the full decision here.