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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
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.