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On the heels of New Jersey voters ratifying an amendment to the state’s constitution to permit the recreational use of marijuana, the New Jersey Legislature on December 17, 2020 passed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (NJCREAMMA), removing marijuana as a Schedule I drug and legalizing personal use of cannabis for adults over the age of 21. Governor Murphy is expected to sign this legislation. While the enactment of this statute undoubtedly will result in major changes to many areas of New Jersey life and law, the impact on employers is especially significant. New Jersey is poised to become the first state to explicitly protect employees who engage in off-work marijuana use from adverse employment action taken on the basis of that use, and to limit an employer’s ability to act on the basis of a positive marijuana test after employment has started.