| Summary: Plaintiff filed a complaint against a large retailer after his offer of employment was rescinded based on a positive drug test for marijuana. He claimed that the employer violated the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA).
The court dismissed Plaintiff's complaint determining that there is "no implied private right of action under the Act." It further indicated that the New Jersey Legislature did not explain how the refusal to hire provision of the Act could or could not be enforced. The court stated that the Act is written in such a way that it leaves employees without protections and, therefore, called on the New Jersey Legislature, the Cannabis Regulatory Commission, or the New Jersey Supreme Court to amend the law of issue a contrary ruling, as appropriate.
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| Impact(s): New Jersey employers |