Facing end-stage renal disease, Charlie Davis began using legally prescribed marijuana through New Jersey’s Medicinal Marijuana Program in 2013. A five-year employee with New Jersey Transit, he was “bumped” from his job as a lead clerk by a more senior employee last year. So he applied for a job in the agency’s railroad division. According to news reports, Davis told the agency of his medical marijuana use. After a drug test came back positive, NJ Transit suspended him and sent him to rehab. Davis has sued the transit agency, seeking to have medical marijuana treated as a legal medication.
For employers, the Davis case and a growing number of others demonstrates the challenges with maintaining a safe, efficient workforce amidst the increasing number of states that have legalized medical and recreational marijuana.