On March 10, 2021, less than three weeks after New Jersey Governor Phil Murphy signed legislation legalizing recreational marijuana and establishing employee protections for off duty marijuana use, a State lawmaker has introduced a bill (NJ S 3525) to amend the employment related provisions of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“NJCREAMMA”) to address concerns that employers will not be able to control marijuana use, or the effects of marijuana use, in the workplace for safety sensitive positions.
Senator Paul Sarlo introduced the bill to revise the employment provisions of the new law. The bill maintains protections for off-duty marijuana use, except for employees at a “critical infrastructure facility” or a construction site with an “exceptionally high risk” of potential harm to other employees or the public if an employee is impaired through cannabis use.