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New Jersey recently joined a growing number of states and territories including Alaska, Arizona, Colorado, California, Washington, D.C., Illinois, Maine, Massachusetts, Montana, Nevada, Oregon, South Dakota, Vermont and Washington legalizing recreational marijuana or cannabis. New Jersey Gov. Phil Murphy enacted the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) on February 22, 2021 legalizing the recreational use of cannabis for adults ages 21 and older after New Jersey voters overwhelmingly passed a ballot initiative last November. The law comes with new employment protections for off-duty cannabis users that will significantly change how employers screen and conduct drug testing of job applicants and employees.
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On February 22, 2021, Governor Murphy signed three separate cannabis reform bills into law that formally legalize the use and possession of recreational marijuana in the Garden state: (1) the “New Jersey Cannabis Regularly, Enforcement Assistance, and Marketplace Modernization Act” (the “Cannabis Act”) (
NJ A21), which legalizes the recreational use and possession of cannabis or cannabis products (collectively “cannabis items”) for adults; (2) a decriminalization law (
NJ A1897), which legalizes the possession of up to six ounces of cannabis and provides for certain criminal and civil justice reforms related to marijuana and hashish offenses, and (3) a “clean up” bill (
The Cannabis Act contains provisions that will have significant impact on NJ employers, establishing nondiscrimination rules, codifies employers do not have a duty to accommodate cannabis use in the workplace, and establishes employer drug testing procedures.
Governor Phil Murphy on MOnday signed historic adult-use cannabis reform bills into law, legalizing and regulating cannabis use and possession for adults 21 years and older (A21 – “The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act”) and decriminalizing marijuana and hashish possession (A1897). The Governor also signed S3454, clarifying marijuana and cannabis use and possession penalties for individuals younger than 21 years old.
“Our current marijuana prohibition laws have failed every test of social justice, which is why for years I ve strongly supported the legalization of adult-use cannabis. Maintaining a status quo that allows tens of thousands, disproportionately people of color, to be arrested in New Jersey each year for low-level drug offenses is unjust and indefensible,” said Governor Murphy. “This November, New Jerseyans voted overwhelmingly in support of creating a well-regulated adult-use cannabis market. Although th
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After contentious negotiations, Governor Phil Murphy has signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the Act) implementing the constitutional amendment embracing recreational marijuana ratified in November 2020.
1 When the framework created by the Act is in place, New Jersey will be the first state in the nation to protect employees from almost any adverse employment action triggered by off-work recreational marijuana activity. Employer policies and drug-testing programs will have to be modified to comply with the broad requirements of the new law.
Last-minute changes to the legislation addressed marijuana/cannabis use rules and under-age-21 penalties for possession, but the severely restrictive employment-related rules are the same as those first passed in December.