MTA worker plans $5M suit over denial of medical marijuana, says agency forced him into drug rehab classes

An ailing MTA worker says the agency forced him into drug rehab classes alongside hardened addicts just because he took medical marijuana to treat chronic pain.

NYC Transit telephone maintainer Myles Watson was expected to file a $5 million notice of claim Monday, alerting the agency that he plans a discrimination lawsuit over his severe neck and back injuries. He says medical marijuana — in particular the pain-diminishing CBD — is the most effective treatment for pain from a car crash while on the job.

The ongoing dispute has resulted in him being suspended without pay since November. He’s required to attend multiple drug counseling sessions per week, where he sits alongside people struggling with addiction to much more dangerous substances.

“I have no addiction to marijuana. I’ve used it for medicinal purposes,” Watson, 43, said.

“They have me in a rehab for addicts.”

The lack of work has resulted in his car being repossessed, the loss of his daughters’ health insurance and the threat of foreclosure on his home.

Watson’s legal claims come shortly after Gov. Cuomo legalized adult marijuana use. The landmark legislation, however, does not mean that employees of agencies regulated by the federal government can start toking. Weed is illegal under federal law, and MTA workers are subject to random drug tests.

“Current federal law and the tests do not distinguish between being under the influence today and having taken a puff when you were on vacation last month,” Transport Workers Union Local 100 wrote on its website April 1. “In other words, don’t smoke it or ingest it no matter what the State of New York does regarding marijuana.”

Watson’s attorney John Scola says the law isn’t so clear. He recently filed a similar notice of claim on behalf of an FDNY 911 call operator.

“[NYC Transit], despite their best efforts, cannot circumnavigate anti-disability discrimination laws based on their archaic sentiments on medical marijuana,” Scola said.

Watson’s woes began following a 2017 car accident in an NYC Transit vehicle, which left him with two bulging disks and three herniated disks. He had neck fusion surgery, but was unable to treat his pain with prescription painkillers due to diverticulosis and celiac disease. Weed, he realized, helped his pain and stomach problems.

He then tested positive for marijuana in a random drug test and was forced to attend counseling sessions. He was in a second crash in December 2019, which tore some cartilage in his knee. Watson began smoking CBD and tested positive again, resulting in his ongoing suspension.

“We don’t comment on potential or pending litigation, and by definition, a notice of claim is potential litigation,” MTA spokesman Ken Lovett said.

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