Nearly three months into the launch of recreational cannabis sales and New Jersey employers are still waiting for clarity with regard to drug testing requirements and when to take disciplinary action following a positive drug test for cannabis. This article summarizes what New Jersey employers need to know to maintain a drug-free workplace and comply with state law employment protections.

Expansive Employment Protections for Recreational Cannabis Use

New Jersey is one of 19 states (plus the District of Columbia) that have either legalized or decriminalized the adult use of recreational cannabis. New Jersey Governor Phil Murphy enacted the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) on Feb. 22, 2021, legalizing the recreational use of marijuana for adults age 21 and older, after New Jersey voters overwhelmingly passed a ballot initiative in November of 2020. The law includes broad employment protections for off-duty cannabis users, which became operative on Aug. 19, 2021, when the New Jersey Cannabis Regulatory Commission (NJCRC) issued its first set of Personal Use Cannabis Rules. N.J.A.C. 17:30. Recreational cannabis sales in New Jersey began on April 21, 2022.