This bill aims to provide protections for authorized medical cannabis patients against adverse employment actions in New Jersey. It stipulates that employers cannot take such actions based solely on an employee's status as a registry identification cardholder or a positive drug test for cannabis, unless the employer can demonstrate that the use of medical cannabis has impaired the employee's job performance. The bill allows employers to consider an employee's performance impaired if specific symptoms are exhibited while working. Additionally, if an employee or job applicant tests positive for cannabis, they must be given the opportunity to present a legitimate medical explanation for the result and receive written notice of their right to explain.

Furthermore, the bill clarifies that employers retain the right to prohibit the possession or use of intoxicating substances during work hours and are not required to act in ways that would violate federal law or jeopardize federal contracts or funding. The definition of adverse employment action includes actions such as refusing to hire, discharging, or discriminating against a qualified registered patient in terms of employment conditions. The bill also repeals Section 9 of P.L.2019, c.153, which may have previously addressed related issues.

Statutes affected:
Introduced: 24:6I-6.1