Can You Get Fired For Having An MMJ Card In New Jersey?

New Jersey’s medical marijuana program has been a game-changer for many patients, providing legal access to cannabis for those with qualifying conditions. But with this relief comes a new concern: Can you get fired for having an MMJ card in New Jersey? Let’s break down the laws, protections, and what you need to know to safeguard your employment.

The Legal Landscape: New Jersey’s MMJ Laws

New Jersey’s medical marijuana program has evolved significantly since its inception in 2010 under the Compassionate Use Medical Marijuana Act (CUMMA). The law allows patients with certain medical conditions to get and use medical marijuana legally. However, the intersection of state law and employment practices often raises questions and concerns for cardholders.

Key Provisions of New Jersey’s MMJ Laws

  • Patient Protections: CUMMA protects patients from arrest and prosecution for using medical marijuana.
  • Employment Protections: Employers cannot discriminate against an employee just for being a medical marijuana patient. As well, they cannot fire you for having an MMJ card. Still, this doesn’t mean you’re entirely in the clear when it comes to your job.

Employment Rights: What the Law Says

Knowing your rights as an employee is crucial, especially when it comes to medical marijuana use. While New Jersey law offers some protection, there are still areas where your employment might be at risk.

Can You Be Fired for Using Medical Marijuana in New Jersey?

The short answer is: It depends. New Jersey law prohibits employers from taking adverse employment actions against you solely because you’re a registered MMJ cardholder. That said, if your marijuana use affects your job performance or violates company policies, you could still face disciplinary action or termination.

Accommodations and Job Performance

Employers in New Jersey have to provide reasonable accommodations for employees who are registered medical marijuana patients. But, if your use of marijuana interferes with your ability to perform your job safely and effectively, your employer may have grounds to take action. 

For example, if you operate heavy machinery or perform safety-sensitive tasks, your employer might have a zero-tolerance policy for marijuana use, even if it’s for medical purposes.

When Employers Can Fire You

There are specific circumstances where your employer might have the right to fire you, despite your MMJ card status:

  1. Job Performance Issues: If your marijuana use impacts your job performance, your employer might take action.
  2. Safety Concerns: For jobs involving safety-sensitive tasks, your employer can enforce a drug-free workplace policy.
  3. Federal Law Conflicts: Some industries are governed by federal law, which still classifies marijuana as an illegal substance. In such cases, your employer might have to comply with federal regulations.

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Drug Testing Policies In New Jersey

Drug testing remains a gray area for MMJ cardholders in New Jersey. While the state offers some protection, the reality is that drug testing can still lead to complications.

Pre-Employment Drug Testing

Employers in New Jersey might require pre-employment drug tests. If you test positive for marijuana, you must disclose your status as a registered medical marijuana patient. 

Of course, this doesn’t automatically guarantee that you’ll be hired. Employers might still have the right to refuse employment if they believe your marijuana use would interfere with the job requirements.

Random and Post-Accident Drug Testing

For those already employed, random or post-accident drug testing can be tricky. If you test positive, you’re allowed to present your MMJ card as an explanation. But remember, this doesn’t entirely shield you from potential consequences, especially if the test was prompted by a workplace accident or safety concern.

How to Handle a Positive Drug Test

If you fail a drug test due to medical marijuana use, here’s what you should do:

  1. Disclose Your MMJ Status: Inform your employer that you’re a registered patient.
  2. Provide Documentation: Present your MMJ card or physician’s recommendation.
  3. Request Reasonable Accommodation: If necessary, ask for accommodations to avoid future issues.

Protecting Your Job: Tips for MMJ Cardholders

To minimize the risk of losing your job due to medical marijuana use, here are some proactive steps you can take:

1. Research Your Employer’s Policies

Before you start using medical marijuana, review your employer’s drug policies. Knowing where your company stands on marijuana use can help you deal with potential conflicts.

2. Communicate with Your Employer

Transparency is key. If you’re concerned about how your medical marijuana use might impact your job, consider discussing it with your employer. While this might feel uncomfortable, being upfront can help avoid conflicts later.

3. Know Your Rights

Familiarize yourself with New Jersey’s MMJ laws and employment protections. Understanding your rights can empower you to take action if you believe you’re being treated unfairly.

4. Seek Legal Advice

If you’re facing job-related issues due to your MMJ card, consider consulting an employment lawyer. They can guide you on how to protect your job while using medical marijuana.

5. Keep Documentation

Maintain a record of all communications with your employer regarding your medical marijuana use. This documentation can be valuable if you ever need to prove that you disclosed your status or requested accommodations.

Can Your Employer Fire You for Off-Duty Use?

One of the most pressing questions for MMJ cardholders is whether they can be fired for using marijuana off-duty. In New Jersey, the law is somewhat favorable to employees. 

Generally, employers cannot fire you solely for using medical marijuana outside of work hours. On the other hand, if your off-duty use affects your on-the-job performance, the situation becomes more complex.

Balancing Medical Needs and Job Requirements

Finding a balance between your medical needs and job responsibilities is essential. If your off-duty marijuana use does not impact your work, you’re more likely to be protected. But, if your employer can demonstrate that your off-duty use is causing issues at work, they might have grounds to take action.

What to Do If You’re Fired for MMJ Use

If you’ve been fired for using medical marijuana in New Jersey, you have options. Here’s what to consider:

1. File a Complaint with the Division on Civil Rights

You can file a complaint with the New Jersey Division on Civil Rights if you believe you’ve been discriminated against due to your MMJ card status. The Division will investigate your claim and determine whether your employer violated the law.

2. Consider Legal Action

If the Division on Civil Rights doesn’t resolve your issue, you might want to pursue legal action against your employer. An employment lawyer can help you through this process and determine the best course of action.

3. Know Your Timeline

Don’t wait too long to take action. In New Jersey, there are specific time limits for filing complaints or lawsuits related to employment discrimination. Acting promptly is crucial to protecting your rights.

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The Role of Workplace Policies in MMJ Use

Workplace policies play a significant role in determining how medical marijuana use is handled. Knowing your company’s stance on drug use and MMJ can help you avoid potential issues.

Drug-Free Workplace Policies

Many employers, especially those in industries like transportation, healthcare, and finance, implement drug-free workplace policies. These policies often include zero-tolerance rules that can complicate matters for MMJ cardholders. 

Even if you’re using marijuana legally, a positive drug test could still result in disciplinary action if your employer strictly enforces a drug-free policy.

How to Approach Your Employer

If you’re aware that your workplace has a strict drug-free policy, consider approaching your employer before a situation arises. Discuss your medical needs with them. Also, talk about how you can work together to maintain compliance with company policies. 

As a result, this may open the door for accommodations or alternative solutions. For instance, some employers might allow you to take leave or adjust your work duties temporarily to avoid conflicts with drug testing policies.

The Impact of Federal Law on New Jersey Employees

While New Jersey has its own set of laws protecting MMJ cardholders, it’s important to remember that federal law still classifies marijuana as an illegal substance. This discrepancy between state and federal law can create challenges, especially for those working in federally regulated industries.

Federal vs. State Law: What You Need to Know

Federal law does not recognize medical marijuana, meaning that even in states like New Jersey, where MMJ is legal, federal regulations take precedence in certain circumstances. 

For example, employees working for federal contractors, or in industries like aviation or defense, may be subject to federal drug-free workplace requirements, which could supersede New Jersey’s protections for MMJ cardholders.

How Federal Law Affects Employment

If you work in a federally regulated industry, your employer might have to comply with federal regulations. In this case, it doesn’t matter if New Jersey law protects your right to use medical marijuana. This could mean that, despite state-level protections, you might still face termination or other employment consequences if you fail a drug test. 

Get Fired For Having An MMJ Card In New Jersey: Final Thoughts

Having an MMJ card in New Jersey comes with both rights and responsibilities. While the state offers protections against employment discrimination, your job isn’t entirely safeguarded. This means the law protects you from being fired just for having an MMJ card in New Jersey. However, using MMJ can get you fired sometimes, as we explained above.

Understanding the nuances of the law, communicating with your employer, and being proactive can help you strike a balance between your medical needs and job requirements. Remember, knowledge is power—staying informed is your best defense against potential job-related issues.

And if you need any help getting or renewing your New Jersey MMJ card, we’ve got you covered!

Featured image by Bruce Emmerling from Pixabay