Highlights
Organizations in employee-friendly New Jersey have long been faced with a choice between compliance with permissive state marijuana regulations or with stricter federal mandates.
The Supreme Court of New Jersey, in
Hager v. M&K Construction, 2021 WL 1380984 (N.J. April 13, 2021), clarified that New Jersey s Jake Honig Compassionate Use Medical Cannabis Act (Honig Act) is not preempted by the federal Controlled Substances Act (CSA), further narrowing the discretion of New Jersey employers to interpret how to comply with conflicting state and federal laws.
Employers, especially those in heavily regulated industries, should consider potential consequences outside of CSA compliance, including enforcement from regulators.
Tuesday, February 23, 2021
On February 22, 2021, New Jersey Governor Phil Murphy signed into law the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA). Among other things, the 240-page measure legalizes the recreational use of marijuana for adults age 21 and older and unfortunately for employers places significant burdens on companies doing business in New Jersey with respect to marijuana and the workplace. Among other things, CREAMMA prohibits an employer from taking adverse action against an individual solely because that person does (or does not) use marijuana recreationally and, in doing so, creates a new “protected class” under New Jersey law. CREAMMA also imposes on an employer the obligation to conduct a “physical examination” of an individual along with any drug test for marijuana and calls for employers to use certified “experts” to make decisions about an individual’s usage of, or impairment from, ma
On February 22, 2021, New Jersey Governor Phil Murphy signed into law the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA). Among.