[420 Girl]

MT - A man who is HIV-positive is suing Loaf-n-Jug, claiming he was wrongfully terminated because he used medical marijuana.

Mike Babbitt is seeking $500,000 in damages from the company, which is a division of the Cincinnati-based Kroger Company. Babbitt says he was discriminated against, lost wages and suffered other monetary damages.

Loaf-n-Jug Arthur Stawski said the company does not comment on pending litigation.

The complaint filed earlier this month says Babbitt was hired by a Loaf-n-Jug in Great Falls in August and informed management that he is a qualified to receive medical marijuana. Babbitt was told he could be employed if he provided a clean pre-employment drug test.

When Babbitt told management he received his medical marijuana card, he was told it was no problem, the complaint states. But Babbitt was fired in November after a drug test from the previous month showed the presence of marijuana.

Babbitt wasn't allowed to present an explanation for the test results, the complaint states.

Babbitt's attorney is Mark Frisbie. The complaint states that Loaf-n-Jug's drug policy prohibits employees from using illegal drugs at work or while reporting to work, but Babbitt's marijuana use falls under the company's definition of legal medication.

"Defendant's policy ... defines legal medications as 'prescribed and over-the-counter medications which have been legally obtained and are being used for the purpose for which they are prescribed or manufactured."

Babbitt wasn't using medical marijuana at work or during working hours and that his marijuana use didn't affect his ability to work, the complaints states, adding that it is illegal to discriminate against someone using "a lawful product that is legally consumed."

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