A man failed workplace drug test days after N.J. legalized weed and was fired. Now he’s suing.

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A laid-off worker tests New Jersey state’s cannabis law by suing his former employer, claiming he was wrongly dismissed for marijuana use days after the state legalized the drug.

The New Jersey Supreme Court ruled last year that employers Cannot discharge medical marijuana patients who use cannabis in their spare time. The new law legalizing marijuana will extend this protection to those 21 and older, but whether or not this provision applies to workers is currently under discussion.

Paul Myers, 53, filed the lawsuit in the State Superior Court in Burlington County last month. He claims that National DCP, a supply chain company serving Dunkin ‘Donuts franchises, broke the law by firing him from its Westampton facility earlier this year.

Myers joined the facility in 2019. He suffers from Crohn’s disease and, according to the complaint, was treated for cancer shortly after starting work. The procedures required an extended medical vacation, as did his Crohn’s symptoms. The lawsuit alleges that he encountered hostility from his employer as his need for free time was called into question.

To deal with his persistent symptoms, Myers’ doctor suggested using medicinal cannabis. He began to take advice and, according to the complaint, was in the process of obtaining approval to participate in the state’s medical marijuana program.

But three days after Gov. Phil Murphy Signed a bill that abolished criminal penalties and fines for using marijuana, Myer’s employer asked him to undergo a drug test.

Under the new law, employers can still conduct random and attitude-related drug tests for cannabis use, but if the result is positive, they cannot conduct layoffs, disciplinary action, or refusal to hire. But they can still ban marijuana use in the workplace. To enforce the rule, they must have a certified workplace impairment recognition expert on hand to witness an employee’s impaired behavior and a positive drug test that indicates the presence of marijuana in a person’s body.

Unlike alcohol, marijuana stays in a person’s body long after it is consumed. This makes drug testing for current impairments particularly difficult.

This employment law has yet to come into force. The state cannabis regulatory commission has yet to enact rules and regulations, including developing a program to train the impairment professionals required to enforce it.

Lawyers have noticed the confusion with the state sitting in between two different guidelines for drug testing. Some companies have continued to enforce their previous guidelines, while others have Marijuana drug tests dropped overall, NJ Advance Media reported earlier.

“Doing this creates a potential legal problem and not doing it creates a potential legal problem,” Sheila Mints, a health and cannabis attorney with Capehard Scathard in Mount Laurel, previously told NJ Advance Media about employee drug testing. “You really don’t know what is right. Other aspects of the law have not caught up with the legalization part of it. “

National DCP asked Myers to provide proof of authorization to use medical marijuana and gave him three business days to process a medical certificate, the lawsuit said. However, he couldn’t get an appointment on time and was eventually released.

His lawsuit alleges National DCP violated state anti-discrimination law, the Jake Honig Compassionate Use Medical Cannabis Act, and the new marijuana legalization law.

A request for comment sent to the National DCP was not returned. Myers’ attorney did not respond to an email asking for comment.

Amanda Hoover can be reached at ahoover@njadvancemedia.com. Follow her on Twitter @amandahoovernj.