As Governor Murphy works to make New Jersey the ninth state to legalize recreational marijuana, employers throughout the state are paying close attention to what is occurring in Trenton. The legalization of marijuana places employers in a precarious position. Regardless of polls that show general acceptance of medical and recreational marijuana throughout the state, there remains a stigma surrounding its use, and it remains illegal under the federal Controlled Substances Act, which classifies it as a Schedule I substance.

For obvious reasons, many employers—especially those with federal contracts—are reluctant to violate federal law. Employers are also worried that the position they take regarding their employees’ use of marijuana will have a significant impact on their business and their relationship with customers, as many continue to oppose marijuana on ethical, moral or financial grounds. Finally, whether reasonable or not, employers are concerned that marijuana usage will decrease their employees’ productivity.