As we previously reported in our Employment Law Spotlight Blog, on Aug. 20 New Jersey expanded job protections for employees and applicants who use medical marijuana. New Jersey joins a growing list of states (including Massachusetts and New York) offering employment protections for authorized users of medical marijuana.
The law prohibits employers from taking an adverse employment action against an employee or applicant who is a registered qualifying patient based solely on the individual's status as a registrant.
The law also amends how employers should react to a positive test result. Specifically, employers must (i) provide employees and applicants with a written notice of the right to offer an explanation and (ii) give employees and applicants three working days after receiving the notice to submit an explanation or request a second test of the original sample at the employee's or job applicant's own expense. Under the law, employers can prohibit or take adverse employment action for the possession or use of intoxicating substances during work hours or on workplace premises outside of work hours.
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