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Thursday, July 18, 2019

NJ Supreme Court to Review Workplace Medical Marijuana Discrimination Case

The NJ Supreme Court has accepted for review a case where discrimination was alleged against an employer for failure to extend an accommodation to an employee who was using medical marijuana. The case had been dismissed by the trial court and that decision was reversed by the NJ Appellate Division in March of 2019.

MJ's highest court will have the opportunity to review whether the Law Against Discrimination is in conflict with the NJ Compassionate Use Act N.J.S.A. 24:6I-1, effective October 1, 2010.

The employee, suffering from cancer, a funeral director, brought an action against his employer, alleging that his employment was terminated because of his use of medical marijuana and that the termination violated the NJ Law Against Discrimination.

Wild v. Carriage Funeral Holdings, Inc., 458 N.J.Super. 426 (NJ App. Div 2019).


Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman has been representing injured workers and their families who have suffered occupational accidents and illnesses.