This bill aims to protect authorized medical cannabis patients from adverse employment actions in New Jersey. It stipulates that employers cannot take such actions against employees who are registered medical cannabis patients based solely on their status as a registry identification cardholder or a positive drug test for cannabis, unless the employer can prove 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 manifested while working that affect their job duties.

Additionally, if an employee or job applicant tests positive for cannabis, the employer must provide them with an opportunity to present a legitimate medical explanation for the result and must give written notice of this right. The employee or applicant has three working days to submit an explanation or request a confirmatory retest at their own expense. The bill also clarifies that it does not limit an employer's ability to take action against the use of intoxicating substances during work hours or require compliance with federal law that may conflict with the provisions of this act. Furthermore, it defines adverse employment actions to include various forms of discrimination against qualified registered patients.

Statutes affected:
Introduced: 24:6I-6.1