TRENTON -- New Jersey employers would be prohibited from firing people because they participate in the state medical marijuana program unless they can show these employees are impaired and unable to do their jobs, according to a bill approved by a state Senate committee Monday.

The Senate Health, Human Services and Senior Citizens Committee voted 6-0 with one abstention to release the bill to the full 40-member Senate.

Organizations that helped pass the medical marijuana law nearly six years ago asked for the clarification because a handful of patients have encountered trouble keeping their jobs.

A medical marijuana patient who worked for New Jersey Transit and another employee at Princeton University have lost their jobs because they disclosed they were legally using cannabis, noted Peter Rosenfeld, a member of the Coalition for Medical Marijuana of New Jersey.

A medical marijuana patient, Rosenfeld said he retired in order to avoid legal issues with his job.

"It was not the intent of the legislature when we passed the Compassionate Use Medical Marijuana Act to allow patients to lose their jobs simply because of their use of medical marijuana," state Sen. Nicholas Scutari (D-Union), who sponsored by the medical marijuana law and this workplace bill said in a statement before the hearing. "Medical marijuana should be treated like any other legitimate medication use by an employee."

Employees faced with a drug test would get three days to explain in writing why they will test positive for cannabis and should be exempt, the bill said.

"Unless an employer establishes by a preponderance of the evidence that the lawful use of medical marijuana has impaired the employee's ability to perform the employee's job responsibilities, it shall be unlawful to take any adverse employment action against an employee who is a qualified registered patient," according to the bill, (S3162).

The legislation does not permit patients to use marijuana while they are working.

The New Jersey Food Council and the New Jersey Civil Justice Institute objected to the state interfering with employers' freedom to decide who should get to keep their jobs.

"The fact remains there are a significant number of positions for which an employer may believe that someone using marijuana is not a suitable candidate," said Aida Koss, chief counsel for the New Jersey Civil Justice Institute, a group formed by employers formerly known as the New Jersey Lawsuit Reform Alliance. "And for those positions, a doctor's note is largely besides the point."

Mary Ellen Peppard, the food council's lobbyist, suggested employees could use the proposed law to shield themselves from getting fired for other reasons.

State Sen. Joseph Vitale, (D-Middlesex) committee chairman and bill sponsor, disagreed. "It's unlikely someone can just get one of those cards. it's a process. You just can't walk in and ask for a card," he said, adding, "Good try."

Susan K. Livio may be reached at slivio@njadvancemedia.com. Follow her on Twitter @SusanKLivio. Find NJ.com Politics on Facebook.