Last year, the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization (CREAMM) Act became law. This new law legalized cannabis for recreational use and was accompanied by two additional laws which decriminalized its consumption and possession.
However, in addition to legalizing the recreational use of cannabis, the CREAMM Act also creates several employment protections for those who consume it and additional requirements for employers that choose to perform drug testing for cannabis.
The CREAMM Act forbids employers from discriminating against applicants or employees for the use of cannabis. Under the law, an employer is prohibited from denying employment to or taking adverse action against an individual solely on the basis of their use or choice not to use cannabis. Notably, this rule applies to safety-sensitive positions as well. However, given the inclusion of the word solely, if a positive test result is accompanied by an additional reason to support adverse action, it may be lawful.
In addition, the cannabis decriminalization law created by A1897 also prohibits the consideration of certain cannabis-related offenses in employment decisions. Under this law, an employer may not require an applicant to disclose any arrest, charge, conviction, or adjudication of delinquency for certain marijuana-related offenses. Nor may an employer take any adverse employment-related actions based on such offenses. Violations...
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