McOmber McOmber & Luber, P.C.

Business & Employment Lawyers Red Bank & Marlton New Jersey

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Can My Employer Terminate Me For Using Medical Marijuana Outside of Work?

No, your employer cannot terminate you for using medical marijuana outside of work. The Compassionate Use Medical Marijuana Act (CUMMA) states it is unlawful to take any adverse employment action against an employee “solely on the employee’s status as a registrant” for medical marijuana. N.J.S.A.  24:6I-6.1.  Again, that does not mean an employer must allow an employee to use marijuana in the workplace or if the employee has a position that is safety sensitive. Wild v. Carriage Funeral Home, 241 N.J. 285 (2020).

Related FAQs

  • What Is the Jake Honing Compassionate Use Medical Cannabis Act?

    Read More

  • Can My Employer Drug Test Me?

    Maybe. In Hennesey v. Coastal Eagle Point Oil Co., 129 N.J. 81 (1992) the New Jersey Supreme Court concluded that random drug testing does not violate public policy or an employee’s right to privacy when there is a concern over safety.

  • Will I Be Eligible for Worker’s Compensation if I Use Medical Marijuana?

    Maybe.  New Jersey’s Workers Compensation Act covers personal injuries and death coming out of and in the course of employment.  However, the Act contains specific exceptions including for when intoxication and or the unlawful use of controlled dangerous substances are the cause of the injury or death.  If your workplace injury was caused by your intoxication, you may be denied workers compensation.

  • Can My Employer Terminate Me For Using Recreational Marijuana Outside Work Hours?

    No. The proposed legislation from 2019 states that an employer cannot refuse to hire or employ any person or take an adverse action against any employee “because that person does or does not smoke or use marijuana items.”  The one exception is if the “employer has a rational basis for doing so which is reasonably related to the employment, including the responsibilities of the employee or prospective employee.”

  • Can my Employer Institute a Zero-Tolerance Policy Against Drugs Now that Marijuana Is Legal in New Jersey?

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