With the recent increase in legislative and judicial activity related to the legalization of medicinal and recreational cannabis, it is crucial that employers be informed on these developments to reduce their risk. This article examines some recent developments in New Jersey legislation, regulations and case law and offers some guidance.
Three laws form the architecture of New Jersey legislation governing cannabis use: (1) New Jersey’s Marijuana Decriminalization Law (L. 2021, c. 19 (codified in relevant part at N.J.S.A. 2C:35-23.1 and N.J.S.A. 2C:52-6.1); (2) New Jersey’s Jake Honig Compassionate Use Medical Cannabis Act (CUMCA), N.J.S.A. 24:6i-1 to -56; and (3) the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) (P.L. 2021, c. 16). These statutes, combined with the first set of rules and regulations implemented by the New Jersey Cannabis Regulatory Commission (NJCRC) in August 2021, set the parameters within which employers may drug test their employees or take action against them pertaining to cannabis use. The NJCRC is expected to issue a second set of regulations which, in conjunction with the developing case law, will shape the developing landscape.
The Decriminalization Law took effect on July 1, 2021, and requires the expungement of certain marijuana and hashish-related offenses and cases generally. Specifically, the Decriminalization Law lists certain offenses that expressly restrict an employer from “when...
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