It’s legal in New Jersey to use marijuana for prescribed medical reasons. Many of the state’s employers use drug testing to screen job applicants and terminate employees. A recent NJ court decision sheds much needed light on this developing area of law.

There are about 45,000 registered patients in the state’s medical marijuana program, according to the state Department of Health, with about 2,000 joining every month, reports NJ.com. A state appellate court decision in March opened the door to applicants and employees fighting adverse employment decisions by employers due to medical marijuana use.

Justin Wild, 41, who was approved for marijuana use after being diagnosed with cancer, was fired from his director’s job at the Feeney Funeral Home in Ridgewood in 2016. He failed to inform his employer he was enrolled in the medicinal marijuana program until after he was injured in an on-the-job car accident and was hospitalized. The doctor who saw him at a hospital emergency department stated he didn’t appear intoxicated and didn’t have a blood test done.

Wild’s boss insisted he get a drug test before being cleared to return to work. After testing positive for marijuana, Wild was fired. He sued for disability discrimination and lost his case at the state Superior Court level. The trial judge reasoned the New Jersey Compassionate Use Medical Marijuana Act, which created the state’s medical marijuana program, didn’t require workplace accommodations, unlike other physical and medical conditions, so Wild could be fired.

But the state’s Law Against Discrimination requires employers to accommodate an employee like Wild, who has a disability and medically approved cannabis use, according to Appellate Judge Clarkson Fisher, Jr. He said Wild didn’t ask to be able to smoke while working, only on his off hours, for medical reasons.

The funeral home has filed an appeal to the state Supreme Court. These types of cases are being heard across America in states where pot has been made legal for medical uses. A Connecticut U.S. District Court ruled last year for a woman who sued a nursing home operator because it rescinded a job offer. She was a registered medical marijuana patient who flunked a drug test. In 2015 the Colorado Supreme Court ruled a quadriplegic employee could be fired for using marijuana for medical reasons off the job even though its use is legal in the state.

There is pending legislation in New Jersey to expand the state’s medicinal marijuana law. It would prevent workers from losing their jobs because they are registered medical marijuana users or flunk a drug test. Nevada Gov. Steve Sisolak (D) signed into law a similar bill in June, making his state the first in the nation to give employees such protections, according to The Hill.

The Nevada law has exceptions for those seeking work as firefighters or emergency medical technicians, as well as applicants for positions requiring operating a motor vehicle. Federally funded jobs are also not covered because marijuana is illegal at the federal level.  In federal employment law cases, the Americans with Disabilities Act yields to law enforcement.

If you work in New York’s City, or plan to, its Council passed a similar bill in April preventing employers from mandating applicants pass a marijuana screening test before being hired.

If you have questions or concerns about your marijuana use due to a disability and your workplace rights, contact the employment attorneys for workers at Kingston Law Group, 609-683-7400, or contact us online.  We will set up a near-term reduced fee initial consultation for you at our Central Jersey offices in Kingston.  We will listen to your facts, explain the law, and recommend your best pathways to monetary and social justice.  Call today. You will be glad you did.