The Employer's Medical Marijuana Maze

New Jersey Law Journal


In this article published in New Jersey Law Journal, Wilentz attorneys Tracy Armstrong and Lisa Gora discuss the amendments to the New Jersey Compassionate Use Medical Marijuana Act effectuated by the Jake Honig Compassionate Use Medical Cannabis Act, signed into law on July 2, 2019. The new law expands employment protections for medical marijuana users. The authors comment on the New Jersey Supreme Court pending review of Wild v. Carriage Funeral Holdings,  which should clarify whether employers are required to provide reasonable accommodations to employees who use medical marijuana.

This is the first article of the New Jersey Law Journal monthly column authored by Wilentz, Goldman & Spitzer cannabis lawyers. The column provides timely updates on the impacts of legal cannabis on New Jersey businesses in all industry sectors. 

This article is reprinted here with permission from the September 2 issue of the New Jersey Law Journal. © 2019 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.

*Cannabis Law Disclaimer: Per federal law, under the Controlled Substances Act, marijuana is categorized as a Schedule I controlled substance.  Possession, use, distribution, and/or sale of cannabis is a Federal crime and is subject to related Federal policy, regardless of any state law that may authorize certain marijuana activity.  Compliance with state marijuana law does not equal compliance with federal law.  Legal advice provided by Wilentz, Goldman & Spitzer, P.A. is designed to counsel clients regarding the validity, scope, meaning, and application of existing and/or proposed cannabis law. Wilentz, Goldman & Spitzer, P.A. will not provide guidance or assistance in circumventing or violating Federal or state cannabis law or policy, and any advice provided by Wilentz, Goldman & Spitzer, P.A. should not be construed as such.