Protecting the Rights
of Employees
of Employees
Medical Marijuana Employment Rights
New Jersey Law Protects Employees Who Use Medical Marijuana
New Jersey’s medical cannabis law (more formally known as the Jake Honig Compassionate Use Medical Cannabis Act) gives many employees important workplace protections when they are registered medical marijuana patients. In practical terms, this law can limit an employer’s ability to punish you simply because you are authorized to use medical marijuana to treat a qualifying medical condition.
At the same time, these protections are not unlimited. Employers can still enforce safety rules, prohibit use and possession at work, and address on-the-job impairment. The key issue usually is whether an employer is reacting to your protected status as a registered patient, or whether it is responding to legitimate workplace conduct or safety concerns. Rabner Baumgart Ben-Asher & Nirenberg, P.C. advises employees on these issues. Speaking with one of our Bergen County employment lawyers can help you understand what New Jersey law protects and what steps to take next.
What the Law Generally Prohibits
New Jersey law generally prohibits an employer from taking an adverse employment action against you solely because you are a registered medical marijuana user. “Adverse employment action” is a broad term that includes termination, discipline, suspension, demotion, refusal to hire, or being passed over for promotion.
This protection matters because many employees use medical marijuana outside of work hours, in compliance with their physician’s certification and the state program, and they still want to be treated fairly at work based on performance and qualifications.
Drug Testing and Your Right to Explain a Positive Result
A positive cannabis test can create anxiety, especially if your employer has a strict drug testing policy. New Jersey law addresses this by requiring employers, in many situations, to provide an opportunity for you to offer a lawful explanation for a positive cannabis test.
That opportunity may allow you to confirm that you are a registered medical marijuana patient and to provide a legitimate medical explanation for the result. This is one reason some workers choose not to disclose medical marijuana use until it becomes necessary, such as after a positive test result.
If you are in this situation, it often can be important to respond promptly and carefully, because timing, documentation, and how the employer frames its decision could matter later.
Important Exceptions and Practical Limits
Medical marijuana protections are meaningful, but they do not create a free pass for workplace rule violations. Employers may still take action in several common situations.
Here are examples of limits employees should understand:
- On-duty use or possession: An employer can prohibit cannabis possession and use during work hours and on workplace property, including during breaks and in employer vehicles.
- Impairment and safety concerns: An employer can address suspected impairment at work and can restrict safety-sensitive duties if there is a legitimate, fact-based reason to do so.
- Federal law and federal contracts: An employer generally does not have to take actions that would cause it to violate federal law or lose a federal contract, license, or funding.
- Mixed-motive decisions: The statute focuses on adverse action taken “solely” because of patient status. Employers often argue their decision was based on job performance, policy violations, or safety issues, which can create a fact dispute about the real reason for the decision.
In other words, the law is often less about whether an employer can have rules, and more about whether it is using medical marijuana status as a shortcut or excuse for discipline, termination, or refusal to hire.
Safety-Sensitive Jobs and Workplace Restrictions
Some employees work in roles where safety is central, such as driving, operating heavy equipment, handling hazardous materials, or working in healthcare or public safety environments. Employers may have stricter policies in these safety-sensitive job settings, but they still should not rely on stereotypes or assumptions.
A positive test alone does not always prove impairment at work. Cannabis can remain detectable after the effects have worn off, and different employees can be affected differently. When an employer claims “safety” as the reason for an adverse action, the details matter, including what the employer observed, what policy it relied on, whether the policy was applied consistently, and whether the employer gave you a fair chance to explain the positive test result.
Medical Marijuana Use and Disability Discrimination
Separate from medical cannabis protections, New Jersey law also prohibits disability discrimination. If you use medical marijuana to treat an underlying medical condition, an employer’s actions can sometimes raise disability-related issues, especially if the employer targets you because of your medical condition itself, refuses to engage in an interactive process after you requested a reasonable accommodation for your disability, or denies you a reasonable accommodation that would allow you to perform your job.
Not every dispute becomes a disability discrimination case, but it is common for medical marijuana workplace conflicts to overlap with medical privacy, disability discrimination, and reasonable accommodation concerns.
Steps to Take if You Are Tested or Disciplined
If you are tested, flagged for a positive result, or threatened with discipline, it is worth moving carefully and documenting what happens. In many cases, the employer’s emails, forms, and timing tell a clearer story than its verbal explanations.
Consider these practical steps:
- Ask what policy the employer is applying and whether the decision is based on status, conduct, or alleged impairment.
- Use the opportunity to provide a lawful explanation if you are a registered patient and the employer requests it after a positive test result.
- Keep records of communications, test notices, deadlines, and any explanations the employer gives for discipline or termination.
- Document what actually happened at work on the day in question, including your schedule, duties, and whether anyone identified objective signs of impairment.
If you are unsure how to respond, getting legal advice early can help you protect your job and avoid missteps that employers later try to frame as “noncompliance.”
Speak With a Bergen County Employment Lawyer
If you believe you were fired, disciplined, or denied an opportunity at work because of your status as a medical marijuana patient, or if your employer mishandled a positive cannabis test in a way that violated New Jersey law, Rabner Baumgart Ben-Asher & Nirenberg, P.C. can help. To discuss your situation with a Bergen County employment lawyer, call (201) 777-2250 or contact the firm online to schedule a consultation.
Additional Information
We have information about workplace drug testing available on our workplace privacy page.
To learn more about your rights under the Compassionate Use Act, we recommend you read one of the following articles: