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Cannabis is a real hot topic in the law these days. There are states proposing legislation to legalize medical cannabis. Others are proposing to legalize recreational cannabis. Among all of these proposed laws, there are employment laws trying to catch up with them. For instance, medical cannabis may be legal in a state, but can an employer still fire an employee who tests positive for marijuana even if they have a valid prescription for it? In many states, the answer may still be “yes.” New Jersey, however, has taken action to make this not so.
What Is the Jake Honig Compassionate Use Medical Cannabis Act?
In 2019, the Jake Honig Compassionate Use Medical Cannabis Act was passed into New Jersey law. It made notable changes to New Jersey’s medical marijuana program including expanding the list of medical conditions that can be treated by medical cannabis and the list of professionals who have the authority to authorize the use of medical cannabis for adult patients.
The Jake Honig Compassionate Use Medical Cannabis Act also established new employment protections. The Act prohibits employers from taking adverse employment actions, with limited exceptions, against registered, qualifying medical marijuana users. Previously, there were no legal protections that required a New Jersey employer to accommodate the use of medical cannabis in the workplace. Now, employers may not take adverse employment action against an employee who tests positive for marijuana so long as they are a patient registered with the state’s Cannabis Regulatory Commission.
The Act also provides the proper procedure that an employer is obligated to follow should an employee or applicant test positive for marijuana. First, the employer must let the employee know that they have the right to provide a valid medical explanation regarding the positive test result. The employee must then be given a minimum of three working days to provide a valid medical explanation for the positive result. A valid explanation could include proof of the employee’s registration with the Cannabis Regulatory Commission or it could be a note from a doctor which authorizes the use of medical cannabis.
The Jake Honig Compassionate Use Medical Cannabis Act is a reflection of the effectiveness of medical cannabis in treating the symptoms of a variety of debilitating medical conditions, including cancer, anxiety, multiple sclerosis, and Crohn’s disease. Patients throughout New Jersey have found relief in their medical cannabis prescription and New Jersey law is catching up to recognize this. If you have suffered an adverse employment action, whether it be a demotion, termination, or discriminatory action in any other way, you can hold your employer accountable.
New Jersey Employment Law Attorneys
Have you suffered an adverse employment action due to your use of medical cannabis? Do not hesitate to reach out to the team at Castronovo & McKinney to discuss your options for seeking legal recourse. Contact us today.