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Marijuana in the Workplace: Uncertainty and Risks for Employers

Employers are still facing uncertainty in New Jersey, trying to understand the Jake Honig Compassionate Use Medical Cannabis Act (CUMCA) and the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA). The two laws created a framework for the use and regulation of marijuana in the state, but recent lawsuits have brought to light the risks and uncertainty employers are still facing. Hunt v. Matthews International Corp. et al involves an employer that refused to hire an individual after a pre-employment drug screen returned a positive THC result, even though the applicant’s status as a licensed medical marijuana patient was previously disclosed. And the New Jersey Supreme Court addressed CUMCA in Hager v. M&K Construction, in which it was determined that medical marijuana prescribed to treat an injured worker may constitute reasonable and necessary care of the New Jersey Workers’ Compensation Act.

 

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Post By Ken Shafton (1,696 Posts)