An Ogden City, Utah firefighter is suing the city, contending he was unlawfully suspended from his role for refusing to surrender his medical cannabis card and accusing defendants of discriminating against him, according to a report from the Standard-Examiner.
Levi Coleman, a firefighter and EMT with the city since 2011, filed the suit in the 2nd District Court on November 17 against Ogden City and the Ogden Fire Department. He suffers from chronic back pain, though it did not interfere with performing his day-to-day job duties and said his suspension violates the Utah Medical Cannabis Act, which provides for the cultivation, processing, medical recommendation, and patient use of medical cannabis in the state.
Medical cannabis was legalized in Utah during Election Day 2018, when state voters approved Proposition 2, effectively enabling qualified patients to obtain medical cannabis cards to access the drug. Coleman obtained his medical cannabis prescription and state medical card in June 2021 for his chronic pain.
According to the suit, the fire department adopted a policy in August requiring employees to report if they are taking prescriptions or over-the-counter medications with labels warning of possible impairment. The rule also required employees to report if any medication may “interfere with the performance of essential job tasks.”
Coleman reported his use of medical cannabis, and a “fit for duty” evaluation followed. Coleman also said he knew of other firefighters with medical cannabis cards who notified the department, were put on leave and told to give up the cards if they wanted to return to work, with many choosing to do so in order to maintain their roles.
In Coleman’s evaluation, which he said did not include a drug test or physical fitness test, the doctor filed a report saying Coleman had “a medical condition which would endanger applicant or public,” also finding the use of medical cannabis created “potential impairment” that could interfere with his performance, according to the suit. Following the decision, he was suspended without pay, the suit alleging this move amounts to a firing.
Ogden Deputy Fire Chief Mike Slater, and the head of the department’s medical operations, declined to comment late last week and referred questions to the city attorney. Mark Johnson, the city’s chief administrative officer, similarly declined comment and said that case was being addressed by the city attorney’s office, though he offered a general statement:
“We have some great concerns policy-wise with public safety individuals taking any form of controlled substances,” Johnson said. “So I think it’s a lot muddier than it’s being made out to be.”
Johnson also said, in his understanding, the “science isn’t really perfected” regarding how medical cannabis affects individuals and the city is justifiably concerned about any potential impairment of an employee, referencing that they might be “driving a firetruck, a paramedic dealing with some life-saving situation or a police officer having to use his weapon.”
The suit alleges that other firefighters have controlled substance prescriptions for drugs other than medical cannabis and were allowed to keep working. In addition, it states that Coleman knew he would likely be put on leave as a result of the test, though he decided to keep his card and challenge the policy rather than giving it up in order to return back to work.
According to the suit, Coleman “has never failed a drug test nor been impaired at work, and there is no evidence that his use of medical cannabis adversely affected his job performance.”
The suit demands the fire department rewrite their policy, reinstate Coleman and reimburse him for the vacation and sick leaves he was forced to use. Coleman also alleges that the suspension violates the Utah Whistleblower Act, which protects employees who, in good faith, refuse to go against an improper directive.
