While the Court opined that employers are not required to accommodate the use of medical cannabis by patients “in any workplace,” the justices also acknowledged that the plaintiff’s marijuana use, in this case, took place solely during off-work hours. “[T]he Compassionate Use Act’s refusal to require an employment accommodation for a user does not mean that the Compassionate Use Act has immunized employers from obligations already imposed elsewhere,” the Court determined, explicitly citing New Jersey’s laws against discrimination.
WHO: Medical marijuana patients and advocates
WHAT: Protest to raise awareness of the need for home cultivation emergency relief especially regarding approval of qualifying condition Opioid Use Disorder
WHEN: Thursday, April 18, 2019 at 12:00 pm (Die-In at 1:11 pm)
WHERE: NJ State Capital Building Annex 165 West State St., Trenton, New Jersey 08608
WHY: Failure to allow common sense, affordable home cultivation access in the Compassionate Use Medical Marijuana Act
In a decision that could have sweeping effects on New Jersey employers with drug-free workplace and drug-testing policies, the New Jersey Appellate Division in Wild v. Carriage Funeral Holdings ruled that the New Jersey Law Against Discrimination (“LAD”) may require employers to reasonably accommodate employees who use medical cannabis permitted by the state’s Compassionate Use Medical Marijuana Act, N.J.S.A. 24:6I-1 et seq. (“CUMMA”).
New Jersey Republicans are united in their opposition to marijuana reform. According to a NJ.com article, (“Here’s how your N.J. lawmaker is leaning on legalizing weed,”) of the 15 Senate Republicans, 14 of them plan to vote “No” on marijuana legalization, with one Undecided. In the Assembly, there is only one Republican who is willing to vote Yes. Why are the Republicans so opposed to marijuana reform?
While the recent expansion of cannabis laws will certainly affect society as a whole, the effect that this societal change will have on the workplace presents unique challenges for employers. New Jersey, like the majority of states, has loosened its laws to permit the use of medical cannabis. In addition, many have speculated that the passage of Senate Bill 2703, currently known as the New Jersey Cannabis Regulatory and Expungement Aid Modernization Act (“SB 2703”), is imminent, which will legalize adult-use cannabis.
Despite approval of three cannabis bills, including adult use legalization, following a four hour hearing held before the joint session of the New Jersey Senate and Assembly Budget and Appropriation Committees on November 26, 2018, it appears unlikely that marijuana legislation will be voted upon in 2018. December 17, 2018 is the latest voting day of the legislative year and work still remains on gaining consensus on key issues in the bills including the tax rate, expungements and whether the proposed Cannabis Regulatory Commission would be a full-time commission.
The Compassionate Use Medical Marijuana Act (CUMMA) was passed by the New Jersey legislature on Jan. 11, 2010, and was signed into law by Governor Corzine on Jan. 18, 2010. N.J.S.A. 24:61-1 et seq. Under CUMMA, qualified patients can possess up to two ounces of medical marijuana within a 30-day period.
A U.S. District Judge in New Jersey has ruled that an employer can indefinitely suspend an employee for his doctor-prescribed medical cannabis, The Daily Journal reports.
Ardagh Glass in Bridgeton, New Jersey did not allow medical cannabis patient Daniel Cotto Jr. to return to work after he refused a drug test. Cotto claims his employer knew about his use of medical cannabis, which was prescribed for chronic pain due to a severe neck and back injury in 2007. Cotto has provided a doctor’s note saying he is capable of operating machinery while medicated.
The Department of Health today proposed readopting the medical marijuana rules (N.J.A.C. 8:64), with amendments. The rules establish standards by which the Department implements the Compassionate Use Medical Marijuana Act. This proposal follows the Department’s recommended regulatory actions in response to Governor Murphy’s Executive Order #6, which charged the Department with reviewing all aspects of the program to expand access and eliminate bureaucratic barriers.
Edward “Lefty” Grimes was in pain.
It had been an hour since he’d arrived at the Clifton police station with what should have been a straightforward question: Where could he legally smoke his medical marijuana? One officer on duty knew, but he was out on an assignment and couldn’t be reached.