Positive Result for Employer: New Jersey Federal District Court Holds No Duty to Waive Drug Test for Medical Marijuana Patients
2 min read
Aug 27, 2018
New Jersey is the latest state to offer clarity on an employer's obligations to accommodate its employees' medical marijuana use. In Cotto v. Ardagh Glass Packaging, New Jersey's Federal District Court held that neither the New Jersey Law Against Discrimination ("NJLAD") nor the New Jersey Compassionate Use Medical Marijuana Act ("CUMMA") requires an employer to waive a drug test as a condition of employment for an employee who uses medical marijuana.
Cotto disclosed his use of medical marijuana to treat a neck and back injury to his prospective employer before he was hired. In addition, he provided a doctor’s note stating that he could operate machinery (one of the essential functions of his employment) while under the influence of his prescribed medications. Cotto got the job, and subsequently suffered a workplace injury. In order to return to work, the employer required him to pass a breathalyzer and urine test. Cotto disclosed that he would be unable to pass a drug test, and the suspended him indefinitely.
Cotto then sued for violation of NJLAD and CUMMA. The employer moved to dismiss the action for failure to state a claim, arguing it was not obligated to accommodate its employee's use of a substance that is illegal under federal law. The Court ultimately agreed with the employer and dismissed the Complaint. It found that while Cotto adequately pleaded he was disabled under NJLAD, he could not show that the employer suspended him because of his disability. Rather, all he could show was that the employer suspended him because of the mechanism by which he treated his disability. While the Court acknowledged that in some instances, undue prejudice toward a treatment for a disability, such as the use of a wheelchair, could be considered discrimination against the disability itself, that was not the case here since the employer was aware of its employee's disability for years without consequence. It only took issue with plaintiff's inability to pass a drug test, not his disability itself.
The Court further held that the CUMMA did not provide any workplace protections, since the Act was only intended to decriminalize and remove the threat of civil sanctions to medical marijuana users in New Jersey.
The Court's analysis provides some clarity on the application of NJLAD and CUMMA, but as the Court acknowledged, the decision is narrow: it only addresses the issue set forth in the Complaint as to whether the employer could be compelled to waive its requirement that plaintiff pass a drug test. There may be other situations where an employee's treatment of his or her disability through the use of medical marijuana was inextricably tied to their disability itself, such that some accommodation would be required. This may be the case if the employee's use of medical marijuana is restricted to off hours and does not impact the employee's ability to perform essential functions of their job. As this is an area of law that is continuously changing, it is important to consult with your regular Hinshaw attorney with any questions or concerns regarding an employer's duty to provide accommodation to employees who are medical marijuana patients.
Topics
ADA, Disability, Accommodation, Failure to Accomodate, Reasonable Accomodation, Medical Marijuana, Marijuana, Americans with Disabilities Act, Drug Free Workplace Policies, Drug Testing, Disability Discrimination, New Jersey Law Against Discrimination, NJLAD, New Jersey Compassionate Use Medical Marijuana Act
Featured Insights

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
Key Takeaways from the 2026 MBA Legal Issues and Regulatory Compliance Conference

In The News
May 13, 2026
Hinshaw Contributes Chapters to “Wrongful-Death and Survival Actions” IICLE Handbook

In The News
May 12, 2026
Hinshaw GC Steve Puiszis Discusses Protecting Attorney-Client Privilege in an AI Age

Event
May 12-13, 2026
Mitchel Chargo Speaks on the Rapidly Evolving Cannabis Industry

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 11, 2026
Tennessee Reaches Settlement with Mariner in Multistate UDAAP Enforcement Action

Press Release
May 11, 2026
Ali Degan Elected to the Fellows of the American Bar Foundation

Press Release
May 11, 2026
John Weedon Re-Elected to the Jacksonville Bar Association’s Board of Governors in 2026

Press Release
May 7, 2026
Hinshaw Recognized as a 2026 BTI Associate Satisfaction A-Lister Firm

Press Release
May 7, 2026
Pedro Hernandez Recognized at the 2026 ALM Florida Legal Awards Gala



