While the recent expansion of cannabis laws will certainly affect society as a whole, the effect that this societal change will have on the workplace presents unique challenges for employers.  New Jersey, like the majority of states, has loosened its laws to permit the use of medical cannabis. In addition, many have speculated that the passage of Senate Bill 2703, currently known as the New Jersey Cannabis Regulatory and Expungement Aid Modernization Act (“SB 2703”), is imminent, which will legalize adult-use cannabis. Although cannabis with tetrahydrocannabinol (THC) levels in excess of 0.3 percent is still classified as a Schedule I substance under federal law, the ever-changing legal landscape at the state level requires employers to be cognizant of their policies and practices to ensure up-to-date compliance with the law.

Workplace Accommodation of Employee Cannabis Usage

Currently, employers have no obligation under New Jersey law to accommodate cannabis usage. With regard to medical cannabis, New Jersey’s Compassionate Use of Medical Marijuana Act (CUMMA) states that, “nothing in this act shall be construed to require … any employer to accommodate the medical use of marijuana in any workplace.” N.J.S.A. 24:6I-14 (emphasis added). As a result, employers are not required to grant any request to accommodate workplace medical cannabis use, even from a registered patient with a valid medical cannabis ID card from the New Jersey Department of Health.