Walgreens Sued for Failure to Hire by Medical Marijuana Patient

On Monday, retail pharmacy Walgreens removed a failure to hire case to the District of Delaware. The Delaware Medical Marijuana Act complaint says that the prospective employee sued Walgreens Co. and Walgreen Eastern Co. Inc. for failing to hire him after he submitted his medical marijuana card in conjunction with a pre-hire drug test.

According to the filing, the man applied for a “basic counter job” at one of the retail giant’s stores in November 2019. Two-and-a-half weeks later, the man was offered a part time position at a rate of $10 per hour.

The plaintiff then submitted to a drug test as required by the company and faxed his medical marijuana card to the testing administrator at the administrator’s request. According to the complaint, the administrator said he “would not include marijuana as long as he had paperwork for it.”

About two weeks later, the plaintiff contacted Walgreens, which said it was still waiting to hear from the test administrator. Shortly thereafter, the company said it could not move forward with the plaintiff’s hiring.

The man filed suit in state court in Sussex County, New Jersey alleging that Walgreens refused to hire him because of his failed drug screen. The complaint states one claim for relief under the state’s medical marijuana law, prohibiting an employer from failing to hire a prospective employee due to their status as a “cardholder” or their failed drug test for marijuana components or metabolites.

As a result of the company’s actions, the man says he suffered lost income, financial problems, and emotional distress. The case will now proceed in Wilmington, Delaware federal court. 

The plaintiff is represented by Jacobs & Crumplar P.A. and Walgreens by Pinckney, Weidinger, Urban  & Joyce LLC.