New Jersey Bill Could Roll Back Marijuana Employment Protections

Legalizing marijuana was only part of New Jersey’s cannabis experiment. When lawmakers approved recreational use in 2021, they also sought to change how employers treated workers who consumed cannabis during their personal time.

Those protections have remained a defining feature of the state’s approach to workplace marijuana policies, even as employers and public safety officials questioned how broadly they should apply.

Now, a new legislative proposal could begin to redraw those boundaries.

New Jersey’s Existing Cannabis Employment Protections

New Jersey’s legalization law went further than allowing adults to use marijuana. It also sought to keep lawful, off-duty use from costing someone their job.

Under the state’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), employers generally cannot refuse to hire, fire, or otherwise penalize someone for legally using marijuana outside work. A positive drug test, standing alone, generally isn’t enough to justify an adverse employment decision.

Employers still have considerable authority over what happens on the job. They can prohibit employees from using marijuana or reporting to work impaired, maintain drug-testing programs, and take disciplinary action when employees violate workplace rules. The challenge comes when a drug test detects cannabis from earlier use without establishing that the employee was impaired at work.

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