The New Jersey Supreme Court recently held that the New Jersey Compassionate Use Medical Marijuana Act (“Compassionate Use Act”) does not preclude a disability discrimination claim brought under New Jersey’s Law Against Discrimination (“LAD”). Justin Wild, of Wild v. Carriage Funeral Holdings, Inc., was prescribed marijuana under the Compassionate Use Act after a cancer diagnosis. Following a vehicle accident while on the job, he was required to submit to a drug test. His position was terminated and he was informed by the business that it was because he didn’t disclose his use of medication. He filed suit. The New Jersey Supreme Court’s determination is just another example of the growing number of states that recognize medicinal marijuana statutes may create protections for employees under employment statutes and require employers to provide reasonable accommodations and not discriminate against employees for such use of marijuana.
