Use of Marijuana Discrimination
What is The New Jersey Cannabis Regulatory Enforcement Assistance, and Marketplace Modernization ACT (“CREAMM Act”)?
Workplace Marijuana Discrimination
On February 22, 2021, New Jersey’s governor signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA” or the “Act”), legalizing the recreational use of cannabis for individuals age 21 and older. The law also provides job protections to recreational marijuana users and imposes new drug testing requirements for employers conducting drug testing for employee or applicant use of cannabis.
The new law prohibits an employer from refusing to hire or employ any person or discharging from employment or taking any adverse action against an individual solely because that person use marijuana recreationally.
If an employer compels you to undergo a drug test and cannabis is found, the employer cannot fire or discipline you solely because of cannabis in your system.
However, the law permits employers to continue to maintain Drug and Alcohol Free Workplace policies, specifically prohibiting the use or possession of marijuana or marijuana products during work hours, or being under the influence of marijuana at the workplace or during work hours.
The information provided here does not constitute legal advice. It is intended for general purposes only. If you have questions about a specific legal issue, you should speak to an attorney.