Articles Posted in Compassionate Care Act

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By Edgar M. Rivera

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.

Published on:

By Edgar M. Rivera

On April 9, 2019, the New York City Council (the “Council”) passed a bill that would prohibit New York City employers from requiring a prospective employee to submit to testing for the presence of any tetrahydrocannabinols (“THC”), the active ingredient in marijuana, as a condition of employment.  Exceptions to the prohibition are provided for safety and security sensitive jobs—such as police officers, peace officers, positions with law enforcement functions, construction workers, drivers, and care givers—and positions tied to a federal or state contract or grant.

Medical marijuana in New York has been legal since 2014, when New York passed the Compassionate Care Act, which allows certified patients suffering from certain serious health conditions to obtain marijuana from their physician for medical use.  There were more than 60,000 certified patients in New York as of June 30, 2018.

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