Assessing Employment Rights Of NJ Medical Marijuana Users

By Sherri Affrunti, Jill Vorobiev and Melissa Ferrara (October 19, 2018, 2:04 PM EDT) -- In Cotto v. Ardagh Glass Packing Inc.,[1] the United States District Court for the District of New Jersey dismissed an employee's disability discrimination, failure to accommodate and retaliation claims, holding that neither the New Jersey Law Against Discrimination nor the New Jersey Compassionate Use Medical Marijuana Act required the employer to waive its drug testing requirements. This is the first case assessing the employment rights of medical marijuana users in the state.

The plaintiff, Daniel Cotto Jr., began working for Ardagh as a forklift operator in 2011. According to his complaint, at the time of his hiring, Cotto informed Ardagh that...

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