A recent decision from the New Jersey District Court illustrates the extraordinary job protections for recreational marijuana users under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (\u201cCREAMMA\u201d).<\/p>\n
THE LEGAL BACKDROP<\/strong><\/p>\n The job protection provisions of CREAMMA prohibit employers from disciplining employees \u201csolely<\/em> due to the presence of cannabinoid metabolites in the employee\u2019s body fluid.\u201d\u00a0 Although CREAMMA expressly permits workplace reasonable suspicion, post-accident and random testing for marijuana, it also mandates a physical evaluation be conducted \u201cby an individual with the necessary certification\u201d to determine the employee\u2019s current state of impairment before discipline can be imposed.\u00a0 The physical evaluation requirement was included because current tests can only determine recent marijuana use, not current impairment.\u00a0 However, the physical evaluation requirement was temporarily waived by regulation until such time that the NJ Regulatory Cannabis Commission (the \u201cCannabis Commission\u201d) develops standards for a Workplace Impairment Recognition Expert (\u201cWIRE\u201d) certification. Thus, for the time being a physical evaluation is not a prerequisite for taking action against an employee who tests positive for cannabis.<\/p>\n