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Beware of Terminating Employees Because of Their Use of Medical Marijuana


Wild v. Carriage Funeral Holdings, Inc., et al - New Jersey Supreme Court


Facts:  Justin Wild ("Wild") began work at Carriage Funeral Holdings, Inc. ("Carriage") in 2013.  In 2015, as part of medical treatment, he was prescribed marijuana as permitted by the New Jersey Compassionate Use Medical Marijuana Act ("Compassionate Use Act").  In 2016, while working, a vehicle that Wild was driving was struck by another vehicle that ran a stop sign.  At the hospital, Wild noted that he had a license to possess medical marijuana, although it was reported that Wild was not under the influence of marijuana at the time.

The following week, Wild was told that "corporate" was unable to "handle" Wild's marijuana use and that his employment was "being terminated because they found drugs in [his] system."  A few days later, Wild was sent a letter that "corporate" advised Wild was being terminated not because of his drug use, but because he failed to disclose his use of medication, which might adversely affect his ability to perform his job duties.

Wild subsequently brought suit against his employer on the grounds that his termination was in violation of the Law Against Discrimination ("LAD") and Compassionate Use Act.  The trial court granted the motion to dismiss after determining that the Compassionate Use Act "does not contain employment related protections for licensed users of medical marijuana."  The Appellate Division instead held that there was no conflict between the Compassionate Use Act and the LAD, such that Wild's claim could proceed ahead.  The subsequent appeal to the New Jersey Supreme Court followed.

Holding:  In a brief opinion, the New Jersey Supreme Court held that at the early stage of litigation, Wild had sufficiently plead a valid claim against Carriage based upon a cause of action for violation of the LAD and Compassionate Use Act.  The Court noted that the Compassionate Use Act impacted employment rights, such as Wild's in this case.  Wild's reasonable accommodation argument to use medical marijuana was therefore only possible because the Compassionate Use Act permitted such use.  As a result, using medical marijuana outside working hours (which Wild had done), may be found to be a reasonable accommodation under New Jersey law.

Judgment:  The New Jersey Supreme Court upheld the Appellate Division's ruling that the motion to dismiss Wild's claims should be overturned, on the grounds that Wild's claims could proceed against his former employer as Wild's off site, non working hours use of medical marijuana could be a reasonable accommodation under the LAD.

The Takeaway:  I highlight this particular decision as a reminder to employers that medical marijuana users are often protected from adverse employment actions, based upon their use of medical marijuana.  Bear in mind, this case is not saying that medical marijuana users have free reign to do as they please, show up when the choose, work when they feel like it, etc.  Rather, employers should take steps to engage in the interactive process with employees that lawfully notify their employers of the employee's use of medical marijuana and request an accommodation.  Failing to amend policies and procedures (specifically zero tolerance policies) could risk employers running afoul of certain medical marijuana related laws in a given state.

Majority Opinion Judge:  Per curiam

Date:  March 10, 2020

Opinion:  https://www.njcourts.gov/attorneys/assets/opinions/supreme/a_91_18.pdf?c=BIp

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