Medical Marijuana and Employee Drug Testing

With the recent medical marijuana bill passing last month, many concerns and questions have popped up across New Jersey, especially in the workplace. The idea that you can use or smoke marijuana just because of your doctor’s approval doesn’t mean you can do it anytime or anywhere, even at work. Even though multiple states use marijuana for both medical and recreational purposes, the law is quite tricky. The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against their employees because of their disability and requires employers to provide reasonable accommodations to employees with disabilities so that they can perform the essential functions of their job. Be that as it may, Section 12114(a) of the ADA, states that “a qualified individual with a disability shall not include any employee or applicant who is currently engaging in the illegal use of drugs.” This is based on a list of drugs that are considered illegal by…

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