A recent New Jersey Supreme Court case said that employers could face a disability discrimination claim if they fail to consider reasonable accommodations for medical marijuana use, even outside the workplace and after working hours.  Although the state’s Compassionate Use Medical Marijuana Act (CUMMA) does not require employers to accommodate marijuana use in the workplace, the court indicated that CUMMA does not protect an employer from actions that violate the New Jersey Law Against Discrimination (NJLAD) – such as discriminating against someone for using medical marijuana after hours.

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