The proposed legislation would create an exception to the act’s existing employment protections and take effect immediately upon enactment.
BACKGROUND
Enacted in 2021, the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) legalized recreational cannabis use for adults age 21 and older and generally prohibits employers from basing adverse employment actions solely on an individual’s cannabis use or the presence of cannabinoid metabolites in bodily fluids.
Employers may, however, prohibit cannabis use and impairment in the workplace and conduct drug testing under certain circumstances, including reasonable suspicion, observable signs of intoxication, following a work-related accident, and as part of preemployment, random, or regular employee screening.
PROPOSED AMENDMENTS TO CREAMMA
Introduced by New Jersey State Senator Brian P. Stack on October 1, Senate Bill S4685 would create an exception to CREAMMA’s existing employment protections by prohibiting recreational cannabis use, both on- and off-duty, for the following categories of employees:
- Law enforcement officers: Permanent, full-time members of state, county, or municipal law enforcement agencies who meet specified statutory qualifications.
- First responders: Law enforcement officers, paid firefighters, paid emergency medical technicians and paramedics, paid 9-1-1 first responder dispatchers, and paid members of certain first aid, ambulance, or rescue squads.
- CDL holders: Individuals holding a CDL who are employed to operate commercial motor vehicles.
- Heavy equipment operators: Individuals who operate, navigate, or physically control qualifying machinery weighing 5,000 pounds or more or motor vehicles requiring a CDL.
Under the proposed amendments, employers may discharge, discipline, or otherwise take adverse employment actions against covered employees for recreational cannabis use, regardless of whether such use occurred during or outside working hours. Employers may also lawfully refuse to hire applicants for covered positions based on cannabis use and conduct cannabis testing as part of preemployment screening.
The bill would authorize employers to conduct random cannabis testing using scientifically reliable, objective methods, including blood, urine, or saliva testing. Notably, under the bill, the presence of cannabinoid metabolites in an employee’s bodily fluids may establish legitimate grounds for adverse employment action, even absent evidence of impairment at work.
The proposed legislation would also amend existing law concerning cannabis use and motor vehicles, including prohibiting the operation of commercial motor vehicles while under the influence of any amount of cannabis and extending restrictions on smoking cannabis in school buses and other forms of public transportation.
The bill addresses cannabis use otherwise permitted under New Jersey’s recreational cannabis laws but does not expressly clarify its interaction with the Jake Honig Compassionate Use Medical Cannabis Act, which separately protects registered medical cannabis patients.
IMPLICATIONS FOR EMPLOYERS
If enacted, Senate Bill S4685 would provide employers with greater discretion to restrict recreational cannabis use among employees in specified safety-sensitive positions. New Jersey employers should consider identifying potentially covered positions and reviewing their drug testing, hiring, and disciplinary policies to assess whether changes to existing practices may be appropriate if the bill is enacted.
The bill would not extend these restrictions to employees outside the specified categories. It remains pending before the New Jersey Legislature and would take effect immediately upon enactment. Until then, employers should continue complying with CREAMMA’s existing employment protections.
