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Medical marijuana users that have been terminated from unemployment for using marijuana have recently been given relief in the form of the Compassionate Use Act. The Compassionate Use Act decriminalized the use of marijuana for any qualifying patient, primary caregiver, alternative treatment center, physician, or any other person acting in accordance with its terms under N.J.S.A. 24:6I-6(a) (2018); N.J.S.A. 2C:35-18. This gives existing employment rights to individuals that allow such qualifying individuals to not be terminated over the use of marijuana as long as the use is outside of the workplace. Under Wild v. Carriage Funeral Holdings Inc., 458 N.J. Super. 416 (App. Div. 2019), a Plaintiff was terminated from his employment because of his medical use of marijuana outside of the workplace. This was found to be in violation of the Law Against Discrimination (LAD), and that the LAD makes it unlawful for an employer, because of the disability of any individual, to discharge or to discriminate against such individual in terms, conditions, or privileges of employment.
In the aforementioned case of Wild v. Carriage Funeral Holdings Inc., it was determined that, “the Compassionate Use Act authorized his use of medical marijuana outside the workplace, and that Act’s provisions may be harmonized with the law governing LAD disability discrimination claims.” The Compassionate Use Act hereby gives medical marijuana users the right to use their medicinal marijuana freely outside of the workplace and protects your existing employment rights.
At Castellani Law Firm, LLC we help clients resolve a wide range of legal issues in employment law and personal injury. From offices in Northfield, New Jersey, we serve individuals and families throughout the Atlantic City region.
No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Please visit the Super Lawyers Selection Process for a detailed description of the Super Lawyers selection methodology.
Castellani Law Firm, LLC provides legal advice and representation to clients in Northfield, New Jersey, and communities throughout Atlantic County, Cape May County, Ocean County and Camden County, including the cities of Atlantic City, Hammonton, Pleasantville, Linwood, Ocean City, Wildwood, Egg Harbor, Absecon, Sea Isle City, Cape May Court House, Galloway and Winslow.
* The National Top 100 Lawyers Accolade: The organization confers the award on more than 100 lawyers in America. It confers the award on 100 attorneys in each state; some states may be divided into regions, with 100 attorneys receiving the award in each region . The award is not given to "America's Top 100 Attorney's"; it is given to "America's Top 5,000-Plus Attorneys.". The award is conferered on at least 100 lawyers per state, not 100 lawyers in America.
The National Trial Lawyers Top 100 Trial Lawyers is issued by Legal Associations Management, Inc.Per the National Trial Lawyers’ website,
“Selection is based on a thorough multi-phase objective and uniformly applied process which includes peer nominations combined with third-party research. Membership is extended only to the select few of the most qualified attorneys from each state or region who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by objective and uniformly applied standards in compliance with state bar and national Rule 4-7.” A description of the selection methodology can be found at https://www.thenationaltriallawyers.org/about/faq/.
Please note that this accolade may be extended to as many as 100 attorneys in each state, meaning the number of attorneys invited to join will exceed the “100” in the title of the award.No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
* The National Association of Distinguished Counsel: No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Please visit The National Association of Distinguished Counsel Selection Process for a detailed description of The National Association of Distinguished Counsels selection methodology.
*New Jersey Supreme Court Certified Attorney
Finding the right attorney is to the benefit of both you and the attorney you choose. That is why the Supreme Court of New Jersey has directed the Board on Attorney Certification to administer the attorney certification program in an effort both to protect consumers from false advertising and to raise the level of competence of attorneys in this State. This program is designed to help you make an informed decision when seeking and selecting a lawyer.
The Board on Attorney Certification was established by the Supreme Court of New Jersey in 1980 for the purpose of helping consumers find attorneys who have a recognized level of competence in particular fields of law. Attorneys may be designated by the Supreme Court as "certified attorneys" if they: are able to demonstrate sufficient levels of experience, education, knowledge and skill in a specific area of law or practice; have passed a rigorous examination; and have been recognized by their peers as having sufficient skills and reputation in the designated specialty.
The Supreme Court, through recommendation by the Board, certifies attorneys in five areas: civil trial law, criminal trial law, matrimonial law, municipal court law, and workers' compensation law.
An attorney must meet the following requirements to become certified:has been a member in good standing of the New Jersey Bar for at least five years;
-has taken a specific number of continuing legal education courses in the three years prior to filing an application;
-demonstrates substantial involvement in preparation of litigated matters;
-demonstrates an unblemished reputation by submitting a list of attorneys and judges who will attest to the applicant's character and ability;
- and passes a written examination covering various aspects of practice in the designated specialty.
