Preventive Law for Employers
NJ Employment Law

NJ Medical Marijuana Law Creates Employment Questions

Heads up, NJ employers!

Last week,  the New Jersey Legislature passed a bill that legalizes marijuana use by patients with certain chronic illnesses.  The bill, which Governor Corzine is expected to sign before leaving office on Tuesday, January 19, 2010, would allow doctors to prescribe marijuana to patients who have been diagnosed with such illnesses as cancer, AIDS, multiple sclerosis, and Lou Gehrig’s disease.   However, insurance companies will not  be required to pay for medical marijuana.  The Department of Health will issue registry identification cards to eligible patients, and the marijuana will be available from state-sponsored dispensaries.

While the bill does provide that employers do not have to accommodate the medical use of marijuana in the workplace, there are certainly some employment issues that could arise, such as:

  • Can you apply drug-testing and drug-free workplace policies to job applicants and/or employees who are legal users of medical marijuana?
  • Is medical marijuana use a reasonable accommodation under the Americans with Disabilities Act?
  • Are medical marijuana users eligible for intermittent leave under FMLA?  At least one federal court has held, “Yes.”

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Who is Ann Kiernan?

Ann Kiernan is an employment lawyer who has been practicing law in New Jersey for more than 30 years. She represents only employers and management and regularly provides management training companies big and small. Employment law is constantly changing, and Ann is familiar how these changes affect employers. To keep up-to-date and learn what issues are currently affecting businesses and employers in New Jersey, read the blog.

Contacting Ann Kieran

The Law Office of Ann F. Kiernan is located at

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Ann may be reached via telephone at 732-846-3201 and email.

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