On March 27, 2019, in Wild v. Carriage Funeral Holdings, Inc., the Superior Court of New Jersey Appellate Division reversed the trial court’s dismissal of plaintiff Justin Wild’s disability claim under the New Jersey Law Against Discrimination (“LAD”) against Carriage Funeral Holdings, Inc. (“Carriage”). Carriage fired Mr. Wild, an authorized medical-marijuana user under the New Jersey Compassionate Use Medical Marijuana Act (the “Compassionate Use Act”), for using marijuana off duty as part of his cancer treatment.
The Compassionate Use Act, New Jersey’s medical marijuana law, was enacted in 2010. Mr. Wild began working for Carriage as a licensed funeral director in 2013. In 2015, he was diagnosed with cancer. As part of his treatment, Mr. Wild’s physician prescribed marijuana as permitted under the Compassionate Use Act. In May 2016, a vehicle ran a stop sign and struck Mr. Wild while he was driving for a funeral job. Injured, Mr. Wild was taken by an ambulance to a hospital emergency room. At the hospital, Mr. Wild advised a treating physician that Mr. Wild had a license to possess medical marijuana.