State Law Protections for Employees Using Legal Cannabis Off Duty

This opinion from the New Jersey Attorney General examines the state's Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) protections for employees who use cannabis off-duty in compliance with state law. It analyzes the interplay between employee privacy rights, employer drug testing authority, and federal workplace safety requirements.

The opinion discusses the limitations on adverse employment actions based on positive cannabis tests, the reasonable suspicion standard for workplace impairment assessments, and exceptions for safety-sensitive positions, federal contractors, and positions regulated by federal law.

The opinion provides guidance to employers on compliant drug testing policies, the role of Workplace Impairment Recognition Expert certifications, and the remedies available to employees who experience adverse employment actions in violation of CREAMMA protections.