In the old days, before CBD products were deregulated by the federal government and medical marijuana became a common commodity in most of the United States, the rules regarding a positive drug test and an injured employee were pretty simple. Usually, the employee ended up fired and his or her workers' compensation claim would be denied (or, at a minimum, heavily fought by the employer and insurance company).

Well, times are changing — and so are the rules regarding medical marijuana and workers' comp in New Jersey. Whether you're an employer or an employee working in the state, there is some new information you need to know.

New Jersey Ruled The Workers Cannot Be Fired For Using Medical Marijuana

The New Jersey Compassionate Use of Medical Marijuana Act (CUMMA) permits a number of patients who suffer from debilitating conditions and chronic pain to use marijuana with a physician's prescription. In the first-ever decision on March 27, 2019, the New Jersey Court of Appeals ruled that workers cannot be fired for a positive drug test if they are medical marijuana patients.

To fire a worker for his or her off-duty use of a drug that is legally prescribed under the state's CUMMA program would be a violation of the state's law against discrimination — which offers some of the broadest coverage for workers in the nation. This is a sharp turnaround from previous court rulings, which generally held that — since marijuana is still illegal under federal law — employers could do what they liked when an employee tested positive.

Why This Is Important For Injured Employees Seeking Workers' Compensation 

There are only a few reasons that an employer or an employer's insurance company can deny you workers' comp benefits if you've been injured on the job. One of those reasons is that you were violating a company policy at the time. Another is that you sustained your injuries due to intoxication or illegal drug use. Those two rules are the chief reason that many employers automatically require injured employees to take a drug test as soon as possible after their accident.

However, there's no realistic way to prove when an employee last used medical marijuana or whether or not he or she was under its influence at the time of the accident. The active ingredient in marijuana, THC, can stay in a user's system for weeks — long after the psychoactive effects of the drug have worn off. 

Essentially, this has just moved medical marijuana into the category of other legal prescription drugs — which means that medical marijuana users no longer have to fear automatic denials of their workers' compensation claims.

Unfortunately, not all employers or insurers may take the ruling to heart. If your claim has been denied due to a positive drug test for medical marijuana, talk to a workers' compensation attorney today.