Recently introduced New Jersey legislation could make it more difficult for New Jersey employers to take adverse employment action against employees who test positive for marijuana in the workplace. If enacted, the legislation would significantly expand employment protections for registered medical marijuana patients in New Jersey following the 2019 Jake Honig Compassionate Use Medical Cannabis Act (Honig Act) and the subsequent legalization of recreational marijuana in the state.

Quick Hits

• New Jersey Senate Bill S3452 aims to enhance employment protections for registered medical marijuana patients by preventing employers from taking adverse employment action against them based solely on their status as medical marijuana cardholders or their having tested positive for cannabis.
• If enacted as proposed, the bill would prevent an employer from taking adverse employment action against such an employee unless the employer can establish by a preponderance of the evidence that the lawful use of medical marijuana has impaired the employee’s ability to perform the employee’s job responsibilities.
• The legislation would permit an employer to treat an employee as impaired if the employee exhibits specific, articulable symptoms while working that diminish the ability to perform the duties of the employee’s position.

Introduced on February 9, 2026, Senate Bill (S) 3452 would strengthen employment protections for registered medical marijuana users in New Jersey. While the bill’s...

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