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NJ Employment Protections For Recreational Marijuana Using Employees

Tuesday, March 2, 2021 On February 22, 2021, New Jersey’s governor signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA” or the “Act”), legalizing the recreational use of cannabis items, i.e., marijuana, for individuals age 21 and older. Importantly, the Act also provides job protections to recreational marijuana users and imposes new drug testing requirements for employers conducting drug testing for employee or applicant use of cannabis items. Adverse Action Prohibited refusing to hire or employ any person or discharging from employment, or taking any adverse action against an individual solely because that person does (or does not) use marijuana recreationally.

New Jersey Legalizes Recreational Cannabis And Enacts Employment Protections For Cannabis Users | Cole Schotz

To embed, copy and paste the code into your website or blog: On February 22, 2021, Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“NJCREAMMA”), which legalizes the recreational use of cannabis for adults age 21 and over.  On that same date, Governor Murphy also signed the companion cannabis decriminalization bill (A1897) (the “Decriminalization Law”) and the “Clean Up” bill (S3454), which decriminalize cannabis and address penalties for the possession and consumption of cannabis by individuals who are under 21 years old. NJCREAMMA provides various employment protections for employees who use cannabis recreationally and imposes strenuous requirements on New Jersey employers that conduct drug testing for the presence of cannabis in an individual’s system.  While some provisions of NJCREAMMA became effective immediately, the employment-related provisions do not become enforceable until the Cann

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