A few weeks ago, New Jersey Governor Phil Murphy signed into law the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), a comprehensive measure that legalizes and regulates the sale, possession, and use of marijuana for recreational purposes in the state.
Included in the massive 240-page bill signed into law on February 22 is a provision that prohibits a New Jersey employer from taking an adverse action against an applicant or employee because the person uses recreational marijuana outside the workplace, even if those individuals work in safety-sensitive positions. The new law also strictly regulates how employers are permitted to administer drug tests.
Despite its length, CREAMMA is somewhat vague regarding its nondiscrimination provisions, suggesting they were added without much discussion or analysis as to their potential impact. For example, the law does not define who is a covered employer, nor does it contain enforcement procedures or remedies for alleged discrimination violations.
Those sections of CREAMMA dealing with employment are attached for your information. The new law is scheduled to go into effect on August 21, 2021, but will not be enforced until the state’s Cannabis Regulatory Commission has promulgated implementing rules and regulations.
Members of the Center for Workplace Compliance (CWC) can read more here.