- The first simple fact is that the federal court would almost certainly not have ruled in the his favor under federal disability law, which doesn’t cover people using cannabis regardless of state policy, so the case being transferred back to the state Superior Court is already a positive development on its own for the former Amazon employee.
- Not all legal marijuana states provide workplace disability protections for medical cannabis patients, and some courts have maintained that employers do not have an obligation to accommodate those patients but the New Jersey Supreme Court ruled in March that the Garden State does.
- Especially in light of the New Jersey Supreme Court’s decision in March of this year, it now becomes the law of the land in New Jersey that employers have to reasonably accommodate medical marijuana usage, Collins said.
- The key thing for a plaintiff in this type of situation including the plaintiff in the Amazon case is that the court basically ruled that that obligation was always there to accommodate medical marijuana usage as soon as New Jersey passed its medical marijuana law.
- Like all essential businesses, cannabis businesses are facing significant uncertainty and costs to provide for our employees and to maintain the medical supply chain during this pandemic, the groups said.
- In a separate letter to governors and regulators in states with medical cannabis programs, another set of industry and advocacy organizations stressed the need to maintain access to medical cannabis for patients.
Read full article: marijuanamoment.net