Medical Marijuana Law Amended in New Jersey; Provides Explicit Protections and Rights to Medical Marijuana Users in the Employment Context

These amendments regarding medical marijuana were signed into law by Governor Phil Murphy on July 2 and took effect immediately.

The amended law, now known as the Jake Honig Compassionate Use Medical Cannabis Act, contains several new protections for employees such as prohibiting employers from taking any "adverse employment action" against an employee who is a "registered qualifying patient" based "solely on the employee's status as a registrant with the commission." This term is defined as someone who has been authorized by a health care provider for the medical use of cannabis and has registered with the state's Cannabis Regulatory Commission.

Additionally, the amendment affords employees and applicants the opportunity to present a "legitimate medical explanation" in the event of a positive drug test result. If an applicant or employee tests positive for marijuana, the employers must provide the applicant or employee with written notice of this right to explain the positive result. After receiving the written notice, the employee or applicant must be given at least three working days to provide information explaining the positive result. Examples of items that may be presented to explain a positive result include an authorization for medical cannabis issued by a health care practitioner and/or proof of registration with the Cannabis Regulatory Commission. An employee or applicant may alternately request a confirmatory retest at the individual's own expense within the same three-working-day period.

It is important to note that these amendments also include critical exceptions. One exception is that these amendments do not protect employees from adverse employment action when an employee is in possession of or uses intoxicating substances during work hours or at the workplace during non-working hours. Another exception stipulates that an employer is not required to commit any act that could cause the employer to violate federal law, potentially lose a license-related benefit pursuant to federal law or lose federal contracts or funding.

New Jersey employers are encouraged to review and update internal policies accordingly per these new amendments. Employers should also prepare the required written notice that must be issued in the event an employee or applicant tests positive for cannabis. Ultimately, New Jersey employers should consult with legal counsel to ensure compliance with these recent amendments.

Posted: August 23,2019

All Rights Reserved © 2019 Certiphi Screening, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

Thank you for your interest in Business Information Group. We have received your message and will contact you in one business day or less.
Something went wrong. Try again
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.
Something went wrong. Try again

Get In Touch

Send a Message *fields required

What are your Interests?optional

Even our RFP PROCESS is state-of-the-art.

Find out why

What Our Clients Are Saying

Everyone I have contacted at Certiphi has been a complete pleasure to work with. The Certiphi customer service rivals every other customer service I come in contact with. Everyone is always so professional, yet super nice! Thanks for all you do and keep up the amazing work and impeccable service that you provide!!!

Human Resources Assistant
Large Medical Staffing Firm

Thank you so much! You have such an incredible reputation within our office; I think we would all say your customer service levels are continually at about 125%!

Human Resources Generalist
Medical and Surgical Hospital

The response time has been very quick. The turnaround times are great. I love your systems and that I can go in and look at the process as its going.

Human Resources Manager
Medical Staffing Agency

It’s such a great customer service that you provide and I’m happy to tell that to anyone.

Pastoral Care Associate
Large Children's Hospital

Working with Certiphi has been such a pleasure. Certiphi has taught me so much, not just about backgrounds but also the meaning of great business.

Human Resources Specialist
Large Medical Staffing Firm

We flew through our NCQA licensure review.  We very much appreciate Certiphi's help in earning a 100% score for the files!

Accreditation Manager
Hospital System Analytics Company

You are about to leave

Ok, Continue Cancel