Maxine Neuhauser, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Newark office, was quoted in NJ.com, in “N.J. Workers Can’t Be Fired for Failing Drug Test Because of Medical Marijuana, Court Rules,” by Blake Nelson.
Following is an excerpt:
New Jersey’s top court ruled Tuesday that workers can’t be fired for failing a drug test because of medical marijuana.
As long as employees are not under the influence of the drug at work, the state Supreme Court said medical marijuana patients remain protected by the Law Against Discrimination, echoing an earlier appellate court decision.
While Tuesday’s case involved one former funeral home director who lost his job, the implications are broad. …
The drug should now be treated like any prescription opiate, said Maxine “Mickey” Neuhauser, an employment [attorney] with the Newark office of the Epstein Becker and Green national law firm. You still need a prescription, she said, and you can’t come to work high.
More than 70,000 residents are enrolled in New Jersey’s medical marijuana program, according to the state’s department of health.