New Jersey law can prohibit employers from firing employees who use medical marijuana off-hours, a court ruled late last month — a decision one law firm says could have "sweeping effects on New Jersey employers with drug-free workplace and drug-testing policies."
"If you enforce zero-tolerance policies, be prepared for future challenges to such policies," Epstein, Becker and Green wrote in an analysis of the decision last week.
The case, decided late last month, involved a funeral director at Carriage Funeral Holdings who had been prescribed medical marijuana to manage symptoms from his cancer — and who used marijuana during his off hours to do so. Wild hadn't told his employer about his medical marijuana use.
The funeral home became aware of his marijuana use after Wild was in a motorcycle accident, and it required him to take a drug test.
The court recounted that Wild says he told his employers he didn't ever take marijuana at work "because I don't want to jeopardize my license for what I have worked so hard for." Wild also said he only took the marijuana as advised by his doctor.