On December 21, the Senate Health, Human Services and Senior Citizens Committee held a hearing on S3162, which would protect authorized medical marijuana patients from adverse employment actions. NJCJI testified in opposition to this legislation.
[While] we appreciate the sponsors’ concern for people who choose to manage health conditions with marijuana… the state should not get into the business of interfering with how employers manage employees who might want to use marijuana.
The fact remains that there are some significant number of positions for which an employer might believe that someone using marijuana is not a suitable candidate. For such positions, the fact of a doctor’s note is largely beside the point. An employer would be precluded from effective, brightline screening for employees using marijuana with a doctor’s recommendation. And would instead risk the time, expense, and uncertainty, of establishing impairment via litigation.
Despite NJCJI’s concerns, the committee voted to advance this legislation to the full Senate for a vote.
Please contact NJCJI chief counsel, Alida Kass, if you have questions or comments about this legislation.