New Jersey Supreme Court to Bosses: Don’t Fire Your High (But Legal) Employees!

In a groundbreaking verdict that has New Jersey’s cannabis enthusiasts doing a happy dance, the state’s Supreme Court has laid down the law: employers can’t give the boot to employees who test positive for cannabis, provided they are legal medical cannabis patients, according to a Mondaq report. Essentially, the court is saying, “Hey boss, you can’t fire Bob from accounting just because he’s a little green around the edges.”

This ruling stems from the case of Wild v. Carriage Funeral Home, where our protagonist, Mr. Wild, was partaking in some medical-grade Mary Jane as part of his cancer treatment. After a work-related car accident, Mr. Wild confessed to his medical cannabis use. His doctor, seeing no signs of impairment, didn’t even bother with a drug test.

However, his employer, Carriage Funeral Home, insisted on a drug test, which Mr. Wild spectacularly failed, leading to his termination. Talk about a buzzkill!

Initially, a trial court sided with the employer and dismissed the case, but the state Appellate Division, in a plot twist, reversed this decision. They found that Mr. Wild had successfully argued that his employer was aware of his medical condition, need for treatment, and the prescribed medication.

This ruling has significant implications for New Jersey workplaces. It suggests that just telling your employer about your legal medical cannabis use might be enough to trigger their responsibility to accommodate your needs. This could mean not firing you for failing a drug test, which is a pretty big deal.

However, the court made it clear that this doesn’t mean you can light up a joint in the office break room. While the medical cannabis law doesn’t require employers to accommodate medical cannabis use at work, it does expect them to respect anti-discrimination laws when it comes to medical cannabis patients.

The court also added a couple of footnotes to their ruling. Firstly, if you operate heavy machinery, you might not be covered by this law, since the medical cannabis law frowns upon operating vehicles or heavy machinery while high. Secondly, the law doesn’t protect employees who are under the influence at work.

So, what’s the takeaway? While the ruling doesn’t stop employers from firing someone who’s stoned at work, it does offer protection to registered medical cannabis patients who test positive for cannabis. So, New Jersey’s cannabis enthusiasts, rejoice! You can keep your job and your joint…just not at the same time.