Drug testing by employers has become a standard part of the hiring process and one that many applicants anticipate and understand. However, in recent years as the decriminalization of marijuana has gained traction, many are wondering if marijuana will continue to be a banned substance for many employers.
A recent case in New Jersey has provided some clarification on where this issue sits at the moment. In Cotto, JR., v. Ardagh Glass Packing, the plaintiff argued that the company he was working for, Ardagh Glass Packing, was obligated to waive their request for him to pass a drug test for marijuana because he had a prescription for medical marijuana. Ardagh Glass Packing refused to waive the drug screening. Cotto Jr. alleged that Ardagh was discriminating against him by refusing to accommodate his use of medical marijuana based on the New Jersey Compassionate Use Medical Marijuana Act.
Federal Court Judge Robert B. Kugler ruled in favor of Ardagh Glass Packing and against the plaintiff. In the ruling Judge Kugler stated “New Jersey law does not require private employers to waive drug tests for users of medical marijuana”. He also noted, “unless expressly provided for by statue, most courts have concluded that the decriminalization of medical marijuana does not shield employees from adverse employment actions.” Even though the plaintiff argued that the New Jersey Compassionate Use Medical Marijuana Act compels an employer to provide an accommodation, the court stated that law only protects those prescribed the drug from legal penalties and does not require an employer to accommodate the use of marijuana in the workplace.
This is an important distinction for employers and employees alike. Even though laws have relaxed around marijuana in general, and medical marijuana in particular, companies and organizations still have the right to maintain their own standards, which can include a prohibition on marijuana use. If an employer in a state that allows some form of legal marijuana use, wishes to remove it from their banned substances on a drug test, that is their choice. In the meantime, other companies still have the right to exclude those individuals.
Not sure what to do? We suggest contacting a legal professional versed in employment law to gain a better understanding of your options.
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