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Use Of Marijuana For Treatment - Legal or Not While at Work
While physicians have historically cautioned the
public about marijuana’s detrimental effects, medical professionals
now recognize that patients who suffer certain ailments can reap
benefits from this drug. For example, patients undergoing cancer
treatment often use marijuana to combat nausea, a common side effect
of chemotherapy. The use of marijuana has successfully controlled
seizures in patients with epilepsy. Alzheimer’s patients have also
benefited from the use of medical marijuana because the drug
stimulates weight gain, decreases outbursts of distressed behavior
and slows the accumulation of certain proteins in the brain, which
might contribute to the etiology of the disease. Chemicals extracted
from marijuana can decrease chronic pain and alleviate symptoms of
Multiple Sclerosis, such as stiffness, muscle spasms and tremors.
The growing use of marijuana for medicinal
purposes has sparked debate because “zero-tolerance” policies
that prohibit workplace drug use are at odds with an employer’s
duty to accommodate an employee’s medical condition that
necessitates the use of marijuana to manage symptoms. The
Compassionate Use Medical Marijuana Act of 2010, which recognized
marijuana as a legitimate treatment option in New Jersey, has been
criticized by attorneys for denying protection to employees who
utilize the drug for medicinal reasons.
Attorneys find fault with the
law’s vague terminology that states: “nothing shall be construed
to require…an employer to accommodate the medical use of marijuana
in any workplace.” Employers interpret the law to evade
accommodating the use of medical marijuana whether at company
facilities or off the premises. Attorneys hold that firing an
employee for using medical marijuana constitutes disability
discrimination and is a violation of the Law Against Discrimination
in New Jersey, which states that employers must accommodate their
employees’ medical conditions. They contend that employers do not
have the power to decide which treatment option is permissible, nor
should they differentiate between medications just because marijuana
has a negative stigma.
New Jersey attorneys recently observed a rise in
wrongful termination lawsuits filed by employees who used medical
marijuana and were consequently subjected to drug tests and adverse
action. Plaintiff Charlie Davis, who used medical marijuana in the
treatment of neuropathy, filed a lawsuit against New Jersey Transit
in Essex County Superior Court. Davis was forced to submit to a drug
test and undergo subsequent rehabilitation to avoid dismissal. By
failing to accommodate his serious medical condition, Davis’
attorneys contended that the New Jersey Transit committed disability
discrimination in violation of the Law Against Discrimination in New
Jersey. Davis held that the New Jersey Transit equated his reliance
on medical marijuana with recreational drug abuse and dependency
characteristic of an addict. In rebuttal, the New Jersey Transit
claimed that the railroad division must comply with regulations
imposed by the U.S. Department of Transportation, the Federal
Railroad Commission and the Federal Transit Administration that
categorically prohibit marijuana use and mandate periodic drug
testing.
The conflict between an employer’s desire to
maintain a drug-free environment and his obligation to accommodate
the needs of employees who suffer medical ailments was illustrated by
another lawsuit initially filed in Hudson County Superior Court but
ultimately transferred to federal court at the end of July 2015.
Plaintiff Barry Hogan filed a wrongful termination lawsuit against
his former employer, On-Time Transport of Roselle, a company that
provides ambulance services. Hogan, who suffers from a chronic
illness, was prescribed the medication Marinol, which is used by
cancer patients to relieve nausea resulting from chemotherapy. Hogan
was allegedly fired from his position as driver after failing a drug
test; he tested positive for marijuana because Marinol contains
synthetic THC, which is the principal ingredient of marijuana.
In another wrongful termination lawsuit filed in
Essex County, the plaintiff used medical marijuana to mitigate
excruciating back pain resulting from an automobile accident. The
defendant, employment agency Robert Half International, forced the
plaintiff to submit to drug testing in September 2014 and allegedly
fired him from his position after he tested positive for marijuana
use.
O’Connor, Parsons, Lane & Noble has
significant experience handling wrongful termination cases that
entail violations of the Law Against Discrimination in New Jersey. If
you or a loved one has been discriminated against due to a disability
or medical condition, you may be able to present an employment law
claim and receive compensatory damages.
