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Use of medical marijuana under Compassionate Use Act not a protected characteristic under the NJ LAD; however, the condition giving rise to the prescription may be considered a disability, NJ LAD may impose an obligation to accommodate its medicinal use.

July 1, 2019
Wild v. Carriage Funeral Holdings, Inc., Docket No. A-3072-17T3 (App. Div. Mar. 27, 2019)

The plaintiff was a cancer patient who had been prescribed medicinal marijuana. Shortly after informing his employer of his usage, he was terminated. The plaintiff brought suit, alleging the employer was required to accommodate his disability by allowing his home usage of medical marijuana. The employer argued it did not need to make accommodations under the Compassionate Use Act. The court examined the statutory language in the Compassionate Use Act and concluded that it allows individuals to make medicinal use of the substance and does not interfere with the employer’s rights, nor does the Act require an employer to accommodate a user. However, an obligation to make certain accommodations available can still exist under other sources of law, namely the NJ LAD. 

 

Case Law Alerts, 3rd Quarter, July 2019

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2019 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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