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A Door Opens For NJ Worker Medical Marijuana Bias Claims

Law360 (April 9, 2019, 12:54 PM EDT) -- On March 27, 2019, the New Jersey Appellate Division issued a published decision in Wild v. Carriage Funeral Holdings,[1] addressing whether disabled employees who use medical marijuana can bring discrimination and failure-to-accommodate claims under the New Jersey Law Against Discrimination. Wild marks the first time that a New Jersey state appellate-level court has addressed this issue.

The decision is favorable to employees who use medical marijuana off-duty pursuant to New Jersey’s Compassionate Use Medical Marijuana Act,[2] or CUMMA, and it increases the level of risk for employers who test for marijuana.


Like many medical marijuana laws across the country, CUMMA...

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