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Construction Company Ordered to Pay for Former Employee’s Medical Cannabis

By Doug Schnee on January 29, 2020
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Recreational medical marijuana and stethoscope cannabis bottle with pills and gels with label
Marijuana bottle with pills in group ++label image and design created by photographer and copyright free ++SATIVA is not a brand. It is a type of cannabis++

A New Jersey appellate court has ruled that a former employee’s medical cannabis must be reimbursed by his former employer. Vincent Hager was an employee of M+K Construction when he suffered a job-site injury in 2001. The injury resulted in several surgeries and chronic pain. Hager was prescribed medical cannabis in 2016, which resulted in a monthly bill of $616.  Medical cannabis is legal in New Jersey. In a workers’ compensation proceeding, Hager sought to be reimbursed for his monthly cannabis bill because his physician testified, he would need medical cannabis to manage his pain for the rest of his life. A workers’ compensation judge ordered M+K to reimburse Hager for the costs of his medical cannabis. M+K appealed, arguing the use of cannabis still constituted a federal crime and that reimbursement of these expenses would aid and abet Hager’s commission of a crime. The appellate court rejected this argument and held there was no evidence that merely reimbursing Hager for his medical cannabis would aid and abet in a crime or require the employer to commit a crime. This appears to be the first ruling of this kind.

New Jersey’s employment laws are somewhat unique and this case is fact-specific. Yet, the case arguably expands the rights of cannabis patients at work at least in New Jersey. Thus, employers are likely to see more examples of these situations in states where medical cannabis is legal and should be aware of the laws applicable to cannabis usage in the jurisdictions where they operate as well whether internal policies address these issues.

Photo of Doug Schnee Doug Schnee

Doug focuses his practice on employment litigation and counseling on human resource issues. His employment litigation experience includes representing employers before state and federal courts and administrative agencies in Ohio and throughout the region in wrongful termination, retaliation and discrimination matters arising under…

Doug focuses his practice on employment litigation and counseling on human resource issues. His employment litigation experience includes representing employers before state and federal courts and administrative agencies in Ohio and throughout the region in wrongful termination, retaliation and discrimination matters arising under the Ohio Civil Rights Act, the Americans with Disabilities Act (ADA), Title VII, the Age Discrimination in Employment Act, the Fair Labor Standards Act, and the Family and Medical Leave Act. Doug is also experienced in litigating matters involving employment and non-compete agreements. Doug also served as a judicial law clerk to Judge Stephen R. Shaw in the Court of Appeals of Ohio, Third Appellate District.

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  • Posted in:
    Cannabis, Employment & Labor
  • Blog:
    Labor & Employment Law Navigator
  • Organization:
    Frantz Ward LLP
  • Article: View Original Source

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