On October 1, 2026, New Jersey State Senator Brian P. Stack introduced Senate Bill S4685, which, if enacted into law, would prohibit certain groups of employees—specifically, law enforcement officers, first responders, drivers with a commercial driver’s license (CDL), and operators of heavy equipment—from using cannabis recreationally, whether on or off duty. The legislation would therefore eliminate existing employment protections for such employees by allowing employers to take adverse action against them for using cannabis.

Quick Hits

• New Jersey Senate Bill S4685 prohibits law enforcement officers, first responders, CDL drivers, or persons who operate heavy equipment from engaging in the recreational use of cannabis.
• If enacted as proposed, the bill would allow employers to take adverse action against such employees or applicants who use cannabis recreationally, and to conduct random drug tests to enforce compliance.
• S4685 remains pending before the New Jersey Legislature. If enacted, the bill would take effect immediately.

Background

On February 22, 2021, New Jersey’s then-governor, Phil Murphy, signed into law the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), legalizing the recreational use of marijuana for adults age twenty-one and older. CREAMMA prohibits employers from requiring an employee to abstain from recreational cannabis usage while off duty. Nevertheless, employers may still require employees to...

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