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August 1 2018

New Jersey federal court rules medical marijuana user can still be tested

Marijuana remains illegal under federal law despite being legalised in most US states.

Cannibis is still listed as a prohibited Schedule 1 illegal drug under the Controlled Substances Act. Employers have been confused over what can be prohibited for Schedule 1 drugs which are those with no current acceptable medical use and where abuse is likely.

The conclusion of most courts has been that use of medical marijuana does not protect employees from adverse employment actions, so the employee could still lose their job. So a drug tests waiver is not enforced.