Plaintiff Paul Myers filed suit against National DCP on July 15, 2021, claiming that National DCP violated New Jersey's Family and Medical Leave Act, the Jake Honig Compassionate Use Medical Cannabis Act and the Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act.

Myers alleges that his supervisor requested he submit to a random drug test. The plaintiff informed his supervisor that he would not pass the test as a result of cannabis use recommended by his physician to help manage Crohn's disease. Myers' test result was positive. Prior to being fired, he was afforded a brief window of time to supply the employer with confirmation from his physician stating that he was using marijuana medicinally.

While Myers had "started the process of registering with the Cannabis Regulatory Commission," he contends that New Jersey's cannabis regulatory act (which was signed into law in late February) should have protected him from losing his position.

"Plaintiff's use of marijuana at the time he was subjected to a random drug test was legally permissible in the state of New Jersey regardless if he had a medical card, documented medical authorization, or even if he was using it recreationally (although plaintiff unequivocally used marijuana for medicinal purposes associated with his Crohn's disease)," Myers said in his suit.

Employers are encouraged to review the legal conditions of all three acts laws cited in this article to ensure alignment with internal policies regarding drug screening.

Posted: July 23, 2021