NJ Marijuana Patients Can’t Be Fired For Failing Drug Test: Court

NEW JERSEY — Medical marijuana patients in New Jersey scored a big victory on Tuesday when the state Supreme Court ruled that bosses can’t automatically fire workers if they fail a drug test for weed.

The ruling will allow more than 67,000 registered patients in the state to breathe a little easier, as long as they don’t show up to work under the influence or consume cannabis in the workplace.

Last year, an appellate court decided that many medical marijuana patients in the Garden State are likely protected under the state's Law Against Discrimination (LAD). On March 10, the New Jersey Supreme Court upheld that ruling, holding that there is no conflict between the LAD and the state’s Compassionate Use Act.

The supreme court decision comes almost four years after Justin Wild, a former employee at a funeral home in Ridgewood, was fired for violating the business' drug and alcohol policy.

According to court records, Wild, who had been diagnosed with cancer, was driving a company vehicle at a funeral in May 2016 when another driver ran a stop sign and struck his car. Wild was injured in the crash and taken to a nearby hospital.

Wild told hospital staff that he had a prescription for medical marijuana, and later provided proof of his prescription to his employer, Feeney Funeral Home, and its parent company, Carriage Funeral Holdings.

"I only take it when I am home, not at work, because I don't want to jeopardize my license for what I have worked so hard for," Wild allegedly told his former employers.

Regardless, the funeral home required Wild to take a drug test when he returned to work. According to the funeral home, Wild was ultimately fired for violating the business' drug and alcohol policy because he failed to disclose his use of medication, which might adversely affect his ability to perform his job duties.

• See related article: Funeral Home Director Allegedly Fired For Using Medical Marijuana

The accident was eventually not deemed to be Wild's fault. Wild – who claimed he wasn't high at the time of the crash – subsequently sued for discrimination, losing at the Superior Court level, NJ.com reported.

As a result of Tuesday’s supreme court decision, Wild will be allowed to continue his lawsuit against his former employers in Bergen County Superior Court.

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