New Jersey Amends Medical Marijuana Law
Implementation Date: July 2, 2019
Effective July 2, 2019, New Jersey has amended the Compassionate Use Medical Marijuana Act and renamed it the Jake Honig Compassionate Use Medical Cannabis Act (Act). Under the Act, references to marijuana and debilitating medical condition under state law are replaced with cannabis and qualifying medical condition, respectively.
The Act also enacts several employment-related and drug testing provisions, including:
- Prohibiting an employer from taking an adverse employment action against an employee who is a registered qualifying patient based solely on the employee's status as a registrant with the Cannabis Regulatory Commission; and
- Requiring an employer, in the event it has a drug testing policy and an employee or job applicant tests positive for cannabis, to:
- Offer the employee or job applicant an opportunity to present a legitimate medical explanation for the positive test result; and
- Provide written notice to the employee or job applicant regarding such opportunity to explain.
The Act does not restrict an employer's ability to prohibit, or take adverse employment action for, the possession or use of intoxicating substances during work hours or on the premises of the workplace outside of work hours.