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The Cannabis Regulatory, Enforcement, Assistance, and Marketplace Modernization Act (CREAMMA) were signed into law on February 22, 2021, by New Jersey Governor Phil Murphy, establishing the legal framework for the state’s nascent adult-use cannabis industry. In addition, it contains several protections for employees who use recreational cannabis, creates a new protected class for which New Jersey employers must now account, and establishes new rules for employers to heed if they drug test employees or applicants for cannabinoid metabolites. CREAMMA prohibits all employers from refusing to hire an applicant or discharging an employee because the person “does or does not smoke, vape, aerosolize or otherwise use cannabis items” in accordance with the new law. The law also bans companies from taking any adverse action against employees due solely to the presence of cannabinoid metabolites. Employers are, however, allowed to maintain a drug and alcohol-free workplace and ban the use, consumption, being under the influence, and possession of cannabis in the workplace or during work hours.

 

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Post By Ken Shafton (965 Posts)