New Law Became Effective July 2
New Jersey has amended its medical marijuana law to protect employees from adverse employment actions if they use cannabis for a qualifying medical condition.
In addition, the new provisions require employers with drug-testing policies to notify employees and job applicants who have positive test results for cannabis that:
- They have the right to provide a legitimate medical explanation for the positive test result; or
- Request a retest at their own expense.
This notice must be in writing. Employees and job applicants have 3 working days after receiving the written notice to exercise this right.
However, the Act does not require employers to accommodate medical marijuana use in the workplace or reimburse employees for its use. Similarly, the Act allows employers to take adverse employment action for the possession or use of intoxicating substances during work hours or on workplace premises outside of work hours.
Finally, under the Act, employers are not required to take any action that would violate federal law or cause the employer to lose a license-related benefit, funding, or contract under federal law.
Posted by Hallier Benefit Advisors in HR News Alerts