Employee of New Jersey Transit Sent to Rehab for Medical Marijuana Use

Charlie Davis is a New Jersey Transit clerk who suffers from End Stage Renal Disease, which is a form of permanent kidney failure. He legally treats the disease with medical marijuana, but was suspended from NJ Transit when he failed a drug test.

Mr. Davis, 57, applied for a position at NJ Transit as a railroad block operator. When he was notified that the application process required a drug test, he disclosed that he uses medical marijuana to treat his permanent kidney disease. When his drug test came back positive for the marijuana, the agency told him he would have to undergo drug rehabilitation before he could return to work at NJ Transit.

Although medical marijuana has been legal since 2012, some employers still prohibit their workers from using it. New Jersey Transit is one of those companies that has a zero-tolerance drug policy for their employees. John Durso Jr. is the spokesman for New Jersey Transit. He told the Star-Ledger, "even though the drug is legal for certain patients in the state, it's prohibited under Federal Railroad Administration and Federal Transit Administration guidelines."

But Mr. Davis does not find it fair that the medication which helps alleviate the persistent pain in his legs and helps him sleep at night is preventing him from obtaining the job he wants. He has worked for NJ Transit for the past five years and decided to challenge the ruling in court, and experts believe that this could be the first test of New Jersey's medical marijuana law in the workplace.

However, a NorthJersey.com article reports that despite medical marijuana's legalization in 22 states the District of Columbia, employees who have challenged employer's policies regarding the drug have all lost their case. The numbers are not in Mr. Davis' favor. He claims to have stopped using medical marijuana in December, so even if the court does not rule in his favor he will still be able to apply for his desired position at NJ Transit if he passes the drug test.

"I'm not a junkie," said Davis in the same NorthJersey.com article. "I wanted to be able to work without the pain and aggravation."

To read more about Charles Davis and his situation with medical marijuana, visit this NBC New York article.