# N.J. Stat. § 24:6I-6.1: Adverse employment action unlawful

> New Jersey · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_NJ_T24_C6I_S6I-6.1

## Section

- **Citation:** N.J. Stat. § 24:6I-6.1
- **Heading:** Adverse employment action unlawful
- **Jurisdiction:** New Jersey
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** NJ Code / Title 24 / Chapter 6I / Section 6I-6.1

## Text

9. 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. L.2019, c.153, s.9.

## Nearby sections

- [N.J. Stat. § 24:6I-1 Short title.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T24_C6I_S6I-1.md)
- [N.J. Stat. § 24:6I-2 Findings, declarations relative to the medical use of cannabis.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T24_C6I_S6I-2.md)
- [N.J. Stat. § 24:6I-3 Definitions relative to the medical use of cannabis.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T24_C6I_S6I-3.md)
- [N.J. Stat. § 24:6I-4 Registry of qualifying patients, designated, institutional caregivers.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T24_C6I_S6I-4.md)
- [N.J. Stat. § 24:6I-5.1 Authorization process for dispensation.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T24_C6I_S6I-5.1.md)
- [N.J. Stat. § 24:6I-5.2 Health care practitioner, regulations affecting.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T24_C6I_S6I-5.2.md)
- [N.J. Stat. § 24:6I-5.3 Qualifying patient from another state, jurisdiction.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T24_C6I_S6I-5.3.md)
- [N.J. Stat. § 24:6I-6 Applicability of N.J.S.2C:35-18.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T24_C6I_S6I-6.md)
- [N.J. Stat. § 24:6I-6.1 Adverse employment action unlawful.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T24_C6I_S6I-6.1.md)
- [N.J. Stat. § 24:6I-7 Applications for permits.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T24_C6I_S6I-7.md)
- [N.J. Stat. § 24:6I-7.1 Acceptance, processing of applications.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T24_C6I_S6I-7.1.md)
- [N.J. Stat. § 24:6I-7.2 Submission of applications to commission.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T24_C6I_S6I-7.2.md)
- [N.J. Stat. § 24:6I-7.3 Clinical registrant permits.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T24_C6I_S6I-7.3.md)
- [N.J. Stat. § 24:6I-7.4 Feasibility study for establishing a cannabis research and development permit type.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T24_C6I_S6I-7.4.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NJ_T24_C6I_S6I-6.1. Check the current official text before relying on it. Not legal advice.