Since the enactment of the New Jersey Compassionate Use Medical Marijuana Act (CUA) more than 10 years ago, New Jersey has recognized a willingness to allow the legal use of medical marijuana. With the passage of the 2019 Honig Act and the 2021 Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), those rights have been vastly expanded, first with respect to the rights of registered medical cannabis users, and more recently to expand the legal use to include recreational cannabis use. The Honig Act and CREAMMA set some parameters regarding the rights and obligations of employees who use cannabis and their employers, but there is still some way to go before there are clear guidelines governing exactly what employers may require of their cannabis-using employees and applicants.

As an aside, the Honig Act removed the definition of “marijuana” from its text and replaced it with “cannabis.” Each term will be used herein based on which statutory scheme is being discussed.