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ARTICLE · 01 MAY 2014

The Marijuana Predicament

Fox Rothschild LLP
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Earlier this month, a New Jersey Transit worker filed a lawsuit against NJ Transit in connection with his positive drug test for use of medical marijuana.

United StatesEmployment and HR
Jonathan Ash
Jonathan Ash
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Earlier this month, a New Jersey Transit worker filed a lawsuit against NJ Transit in connection with his positive drug test for use of medical marijuana.  As a result of the positive test, pursuant to NJ Transit's drug policy, he was sent to rehab.  He is now attempting to challenge New Jersey's Compassionate Use Medical Marijuana Act to provide protection for employees who are prescribed marijuana by their doctor to treat a legitimate illness.

The argument is essentially as follows:  if employers are not allowed to take adverse employment action against an employee for use of medical devices and/or medications, then why should legitimatly prescribed use of marijuana be any different?

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