25 Oct Court rules that Federal law supersedes State law
Right and left wing governments mean that there is a host of contradictory law to choose from. The original design of the country was that federal government had powers limited to what was listed in the constitution, with everything else being up to the individual states. That dynamic was wiped out under FDR, and has a near zero percent chance of ever coming back.
This means more headaches for the rest of us, the lawyers and judges love it. They get to pick and choose the laws that they like to find the outcomes that they prefer. However, the Supreme Court has ruled that federal law supersedes state law wherever the constitution lists a power. The drug laws are one example of this, as the constitution gives Congress power to tax commercial products and regulate their transfer across state lines, a taxation power which has since been recognized to mean ‘can tax any product at 50,000,000%, effectively banning it, so they are also allowed to ban it outright.
A judge ruled in line with this recently, despite a spate of activist judges ruling differently.
In Cotto v. Ardagh Glass Packing, Daniel Cotto sued his former company, Ardagh Glass, over his refusal to take a mandatory drug test that was part of company policy. Initially, Cotto had been asked to take the drug test because he “hit his head on a forklift.” Cotto informed the company he wouldn’t be able to pass the test because he uses doctor-prescribed medical marijuana to alleviate neck and back pain from a previous injury.
Ardagh refused to waive the drug test and told Cotto he couldn’t continue to work for the company until he had a drug test that was negative for marijuana and he wound up on indefinite suspension. In response, Cotto filed a lawsuit claiming Ardagh’s refusal was a violation of the New Jersey Law Against Discrimination and the New Jersey Compassionate Use Medical Marijuana Act (CUMMA), which required the company to provide an accommodation that excused him from the mandatory drug test.
A court, however, disagreed. In its ruling, the judge found that CUMMA does not require the glass company to waive the drug testing requirements, and found that Cotto failed to show that he could perform the “essential functions” of the job he seeks to perform.
The court also cited the Schedule One status of marijuana in its ruling by stating, “[n]o state law could completely legalize marijuana for medical purposes because the drug remains illegal under federal law even for medical users.”