OCEAN CITY – A judge ruled an Ocean City firefighter, who was suspended without pay for his legal use of medical marijuana, must participate in a departmental hearing before he can proceed with a lawsuit against the city, according to a report on NJ.com.
The report states Donald Wiltshire sued Ocean City in February for discrimination and violating the whistle blower act after he disclosed he uses cannabis to manage a rare and painful muscular condition. The city suspended Wiltshire in October with the intent to fire him for violating the fire department’s drug testing policy, according to the lawsuit.
Cape May County Superior Court Judge J. Christopher Gibson stated in his June 9 opinion it is up to Ocean City “to establish that the lawful use of medical marijuana has impaired the plaintiff’s ability to perform his job responsibilities as a firefighter.”
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