While the COVID-19 pandemic and its aftereffects may be the main concern for employers, some states have seen a solution to budgetary woes in passing legislation to legalize cannabis. Although this may not seem to affect employers on the surface, the new laws do have plenty of new employee protections that employers need to consider. In this white paper, we will explore some of these new grounds for litigation for employers to be on the watch for that emanate from New Jersey, but could have a national effect.

New Jersey’s New Protected Employee Class: Cannabis Users

On February 22, 2021, New Jersey Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“NJCREAMMA”), which legalized the consumption of cannabis in New Jersey for those 21 years of age and older. This bill also contained several employee protections. The most important protection asserts that New Jersey employers may not take adverse employment action against an employee solely because he or she consumes cannabis. This has the essential effect of rendering cannabis users as a protected class or a group with specific protection from adverse employment action based on what it consumes outside of work hours.

Download our white paper to find out more about this cannabis law and what it may mean for employers nationwide.

by Michale P. D’Ambrise, J.D.

Vice President, Executive Liability