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The New Jersey Supreme Court affirmed the reinstatement of a disability discrimination lawsuit filed by a medical cannabis cardholder against his former employer after he was fired for failing a post-accident drug test. Medical marijuana users in the state have two potential avenues to bring discrimination lawsuits against employers: the New Jersey Law Against Discrimination (LAD) and the Compassionate Use Medical Cannabis Act (CUMCA). The plaintiff, Justin Wild, a cancer patient and medical cannabis cardholder under the Compassionate Use of Medical Marijuana Act (CUMMA), tested positive for cannabis after being involved in a car accident while at work. Although he was not found to be impaired at the time by an emergency room doctor, his employment was terminated based upon its policy against drugs in the workplace. He sued, claiming discrimination under the LAD.

 

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Post By Ken Shafton (848 Posts)