New Jersey § 24:6i-6

§ 24:6i-6.

a. It shall be unlawful to take any adverse employment action against an employee

who is a registered qualifying patient based solely on the employee's status as a

registrant with the commission. b. (1) If an employer has a drug testing policy and an employee or job applicant tests

positive for cannabis, the employer shall offer the employee or job applicant an opportunity

to present a legitimate medical explanation for the positive test result, and shall

provide written notice of the right to explain to the employee or job applicant. (2) Within three working days after receiving notice pursuant to paragraph (1) of

this subsection, the employee or job applicant may submit information to the employer

to explain the positive test result, or may request a confirmatory retest of the original

sample at the employee's or job applicant's own expense. As part of an employee's or job applicant's explanation for the positive test result,

the employee or job applicant may present an authorization for medical cannabis issued

by a health care practitioner, proof of registration with the commission, or both. c. Nothing in this section shall be deemed to: (1) restrict an employer's ability to prohibit, or take adverse employment action

for, the possession or use of intoxicating substances during work hours or on the

premises of the workplace outside of work hours; or (2) require an employer to commit any act that would cause the employer to be in violation

of federal law, that would result in a loss of a licensing-related benefit pursuant

to federal law, or that would result in the loss of a federal contract or federal

funding. d. No employer shall be penalized or denied any benefit under State law solely on

the basis of employing a person who is registered with the commission.