High Court Sides with Cannabis User Fired for Smoking

The Supreme Court recently ruled that a Connecticut worker fired for smoking cannabis should be granted his job back.

According to World Now via the Alternative Press, Gregory Linhoff was working at the University of Connecticut Health Center as a maintenance worker. In 2012, he lost his job when a police officer caught him smoking cannabis in a vehicle owned by the state.

Linhoff had no prior issues at work, and in fact was lauded as a by favorable evaluations and was an active member of a union. The charges brought against him for smoking were also dropped. Despite these factors, however, Linhoff still lost his job because allowing him to stay would send a negative message to other employees.

That was when the legal battles began. Initially, an arbitrator overturned that decision, feeling that six month’s suspension without pay and then random drug testing was a fairer choice. The state appealed this decision based on the grounds that Linhoff violated the public policy against marijuana use. Linhoff’s union then took that decision to the Supreme Court, where he subsequently won.

All seven judges agreed that the decision to overturn what the arbitrator decided was wrong, because arbitrators serve such an important role with workplace disputes, and their decision always needs to be honored except in extreme circumstances.

“The misconduct at issue was completely unacceptable, and we do not condone it,” Chief Justice Chase T. Rogers stated when writing his decision. “By the arbitrator’s estimation, (Linhoff’s) personal qualities and overall record indicate that he is a good candidate for a second chance. Moreover, the discipline the arbitrator imposed was appropriately severe, and sends a message to others who might consider committing similar misconduct that painful consequences will result.”

This represents a milestone for fair decisions regarding cannabis use. While of course unpaid suspension and drug testing is still not ideal in a society without prohibition, the Supreme Court is becoming more likely to take a less severe stance on cannabis use.