'High' court ruling: Funeral director may sue over firing for off-duty medical marijuana use

On March 10, 2020, the New Jersey Supreme Court affirmed a New Jersey Appellate Division ruling that allowed an employee to sue his employer under the New Jersey Law Against Discrimination (NJLAD) for failing to accommodate his off-duty use of medical marijuana to treat cancer. As we reported in May 2019, the Appellate Division reversed the dismissal of the employee's lawsuit, finding the New Jersey Compassionate Use Medical Marijuana Act's (NJCUMMA) mandate that employers need not accommodate medical marijuana users in the workplace doesn't foreclose an NJLAD action if an employee isn't seeking to use marijuana at work. The supreme court agreed with the appellate court that the NJLAD and the NJCUMMA can coexist, but it walked back the lower court's statement that the law wasn't intended to have any impact on employment rights.

Background

Justin Wild, a licensed funeral director employed by Carriage Funeral Holdings, was diagnosed with cancer in 2015 and prescribed medical marijuana as part of his treatment. In May 2016, Wild was taken to the emergency room after he had a car accident while he was working. He disclosed to the hospital that he has a license to use medical marijuana, but because he didn't appear to be under the influence of marijuana at the time, the treating physician declined to perform a blood test.