Bill

Bill > A3018


NJ A3018

Establishes protection from adverse employment action for authorized medical cannabis patients.


summary

Introduced
02/20/2020
In Committee
02/20/2020
Crossed Over
Passed
Dead
01/11/2022

Introduced Session

2020-2021 Regular Session

Bill Summary

This bill would establish protections from adverse employment actions for registered patients using medical cannabis pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act." Specifically, an employer would be prohibited from taking any adverse employment action against an employee based on the employee's status as a registry identification cardholder or based on a positive test for cannabis, unless the employer establishes by a preponderance of the evidence that the lawful use of medical cannabis has impaired the employee's ability to perform the employee's job responsibilities. The bill provides that an employer may consider an employee's ability to perform the employee's job responsibilities to be impaired when the employee manifests specific articulable symptoms while working that decrease or lessen the employee's performance of the duties or tasks of the employee's job position. If an employer has a drug testing policy and an employee or job applicant tests positive for cannabis, the employee or job applicant is to be offered an opportunity to present a legitimate medical explanation for the positive test result, and is to be provided written notice of the right to explain. Within three working days after receiving notice, the employee or job applicant would be permitted to submit information to the employer to explain the positive test result, or request a confirmatory retest of the original sample at the employee's or job applicant's own expense. An employee or job applicant would be permitted to present a health care practitioner's recommendation for medical cannabis, a registry identification card, or both, as part of the employee's or job applicant's explanation for the positive test. Nothing in the bill would restrict an employer's ability to prohibit or take adverse employment action for the possession or use of intoxicating substances during work hours, or require an employer to commit any act that would cause the employer to be in violation of federal law, or that would result in the loss of a federal contract or federal funding. The bill defines "adverse employment action" to mean refusing to hire or employ a qualified registered patient, barring or discharging a qualified registered patient from employment, requiring a qualified registered patient to retire from employment, or discriminating against a qualified registered patient in compensation or in terms, conditions, or privileges of employment.

AI Summary

This bill establishes protections from adverse employment actions for registered patients using medical cannabis pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act." Specifically, it prohibits employers from taking adverse employment actions against an employee based on their status as a registry identification cardholder or a positive test for cannabis, unless the employer can prove that the employee's lawful use of medical cannabis has impaired their ability to perform their job responsibilities. The bill provides a process for employees or job applicants who test positive for cannabis to present a legitimate medical explanation, including a healthcare practitioner's recommendation or registry identification card. However, the bill does not restrict an employer's ability to prohibit or take adverse action for the possession or use of intoxicating substances during work hours, or require an employer to violate federal law or lose federal funding.

Committee Categories

Health and Social Services

Sponsors (1)

Last Action

Introduced, Referred to Assembly Health Committee (on 02/20/2020)

bill text


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