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Jay Becker Authors Q&A On Regulated Use of Marijuana In the Workplace

Do New Jersey employer's need to reasonably accommodate the use of medical marijuana?

March, 2010, New Jersey Tech News - On July 1, 2010 the New Jersey Compassionate Use Medical Marijuana Act takes effect, which allows for the regulated use of marijuana by patients suffering from debilitating medical conditions. Notably, the law does not require employers to accommodate the medical use of marijuana “in the workplace”. There are however a number of issues that have yet to be addressed, including:

  • The use of medicinal marijuana before work, during a lunch break, after work and off-duty periods.
  • What if a registered marijuana usertests positive for. drugs which is contrary to a well established, zero tolerance company policy on drugs and alcohol in the workplace?
  • Can an adverse employment decision be made based on that positive drug test?
  • How will an employer balance the rights of a registered user under state and federal disability laws against the employer’s right to maintain a safe and healthy workplace?


The NJ Dept. of Health and Senior Services is expected to provide guidance on the subject soon. Until then, NJ may look to 13 other states that have a similar law for guidance. View PDF

As a member of the New Jersey Technology Council (NJTC), the Giordano Firm contributes a Legal Q&A column to the TechNews magazine. The Q&A covers topics across various legal areas that may be of interest to this audience. Our goal is to provide sound legal advice and effective strategies to resolve business issues.
Tags: Jay S. Becker, Labor & Employment

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