Summary: Following voters' approval by ballot to legalize recreational marijuana, the Governor signed three bills into law on February 22, 2021. The first, the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, legalizes and regulates cannabis use and possession for adults 21 years of age or older. The other two laws decriminalize marijuana and hashish possession and clarify marijuana and cannabis use and possession penalties for those younger than 21 years old. A Commission will be appointed to regulate the use, purchase, sale and production of cannabis. It will likely be at least a year before legalized cannabis will be available in the state.
Under this law, an employer cannot refuse to hire any person, or discharge or take adverse action against an employee who does or does not use cannabis products. This is the standard regardless of whether such use is medically prescribed or recreational. The law also protects employees from being discharged or disciplined simply for testing positive for cannabinoid metabolites or admitting to engaging in marijuana use. The law does affirm, however, that marijuana is prohibited to be used in the workplace or during work hours. In addition, employers may test employees for drug use under certain circumstances. |
| Impact(s): New Jersey employers |
