On May 26, 2026, the New Jersey Appellate Division held that the state\u2019s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (\u201cCREAMMA\u201d) provides New Jersey employees with a private right of action to enforce its anti-discrimination provisions. As a result, New Jersey employees may now seek redress from the courts arising from adverse employment decisions based on their testing positive for cannabis products.<\/p>\n
Background<\/strong><\/p>\n In Sanders v. Levari Group, LLC<\/em>, a New Jersey employer refused to hire a job applicant after a pre-employment drug test indicated the applicant\u2019s use of cannabis items within the past month. There, the applicant accepted a conditional offer of employment and underwent an initial drug test. After testing positive for cannabis, the employer requested that the applicant submit to a repeat test at her own expense. When the applicant refused, the employer rescinded its offer of employment. Arguing that she did not use cannabis during the interview or drug testing process, the applicant filed a complaint in the New Jersey Superior Court. The trial court granted the employer\u2019s motion to dismiss, finding no private right of action existed under CREAMMA and that the Cannabis Regulatory Commission was the proper enforcement body in the matter.<\/p>\n