Scott Martin, a 12-year veteran with the Buffalo Fire Department, was fired from his job earlier this year because he tested positive for marijuana.
Martin doesn't deny using marijuana.
The 37-year-old firefighter who served with the Air Force in Iraq and Afghanistan said he is a certified medical marijuana patient who uses cannabis to treat post-traumatic stress disorder and back pain and that cannabis has greatly improved his health and well-being.
Now he's fighting to get his job back.
On May 5, he filed a lawsuit against the City of Buffalo and the Buffalo Fire Department be reinstated to his position, rank and seniority, receive back pay but most importantly to him, to be reassigned to Truck 14, 1st Platoon.
"He's been terminated wrongfully because the collective bargaining agreement hasn't been updated," said Martin's New York City-based attorney, David C. Holland, who specializes in laws related to cannabis.