MARIJUANA/CRIMINAL DEFENSE ATTORNEY IN BERGEN (HACKENSACK), PASSAIC (PATERSON) AND MORRIS (MORRISTOWN) COUNTIES: CAN MEDICAL MARIJUANA BE USED IN THE WORKPLACE?

In July of this year, Governor Chris Christie declared that he would make immediate effort to implement the New Jersey Compassionate Use Medical Marijuana Act (Act) as quickly as possible. In one of the Act’s provisions it is said that the legislation cannot be construed to require an employer to accommodate the use of medical marijuana in workplace. This provision of the Act seems to clash head-on with New Jersey's Law Against Discrimination (LAD), which requires employers to make reasonable accommodation for people afflicted with disabilities. Under LAD the term disability is broadly construed. This legislative confrontation poses the question as to whether an employee can terminate an employee afflicted with a condition defined by the Act, where the employee uses marijuana/pot in the workplace or comes to the workplace under the influence of marijuana/pot.

Although the courts in New Jersey have not had to reckon with the question because the practical application of this Act has not been put into effect, other jurisdictions have.  In those jurisdictions, the courts have determined that an employer can terminate an employee for the use of marijuana in the workplace.  Those states are California, Michigan, Oregon and Washington.