Despite federal law’s classification of marijuana as a Schedule 1 drug under the Controlled Substances Act, 21 U.S.C. § 801 et seq., which essentially defines such drugs as having a high potential for abuse and not currently accepted for medicinal use, 16 states and the District of Columbia have legalized some form of medical marijuana use — including New Jersey.

The New Jersey Compassionate Use Medical Marijuana Act (the Use Act), N.J. Stat. § 24:6I-1 et seq., legalizes marijuana for medicinal use in New Jersey for individuals suffering from cancer, acquired immune deficiency syndrome or other debilitating and life-threatening illnesses and afflictions. Gov. Chris Christie announced in July that he would no longer delay implementation of the Use Act, creating an issue for employers across the state.

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