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Protecting Recreational and Medical Cannabis Users Across South Jersey

If you have been terminated from employment due to having THC in your system and/or using cannabis outside of the workplace, you should be informed of your rights. Contact our firm today for a free consultation. In most cases, it is against New Jersey public policy for an employer to terminate or discipline you solely for lawful cannabis use outside of the workplace.

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New Jersey law now protects both recreational cannabis users and medical marijuana patients from unfair treatment at work. The Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) legalized recreational use for adults 21+ in 2021, while the Jake Honig Compassionate Use Medical Cannabis Act and the New Jersey Law Against Discrimination (NJLAD) continue to safeguard medical cannabis patients.

At Castellani Law, we fight for employees who face termination, discipline, or harassment simply because they lawfully use cannabis outside of work. Our family has been protecting South Jersey workers for more than three decades, and we’re here to protect you.

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Your Rights as a Cannabis User in the Workplace

Recreational Cannabis Protections Under CREAMMA

• Employers cannot terminate you once hired, or punish employees solely for testing positive for cannabis.
• Off-duty cannabis use is legal and generally cannot be grounds for adverse employment action.
• Employers may still prohibit cannabis possession or use during work hours or on company property.
• Employers can act if there is credible evidence of impairment while on the job, consistent with guidance from the New Jersey Cannabis Regulatory Commission.
• Safety-sensitive roles and federal contractors may be subject to different rules.

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Medical Marijuana Protections Under the Honig Act & NJLAD

• Registered patients cannot be fired, demoted, or denied a job simply because of patient status or a positive test.
• Employers must give written notice and allow up to three days for a medical explanation after a positive test, as required by the Jake Honig Compassionate Use Medical Cannabis Act.
• NJLAD requires reasonable accommodations for employees with disabilities, and courts have confirmed that medical marijuana may qualify as treatment. In Wild v. Carriage Funeral Holdings, the NJ Supreme Court ruled that employers must consider medical cannabis use as part of the accommodation process.

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Drug Testing and Cannabis in New Jersey

Employers can still require drug testing, but the rules are stricter than before. Tests must use scientifically reliable methods and cannot be the only basis for discipline. To confirm impairment, employers must also have a physical evaluation by a certified Workplace Impairment Recognition Expert (WIRE). A positive test alone does not prove that someone is impaired at work.

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When Employers Can Still Take Action

While cannabis is legal in New Jersey, protections are not unlimited. Employers can still:

• Ban cannabis use or possession at work or on company property
• Take disciplinary action if an employee is under the influence during work hours
• Enforce policies similar to alcohol restrictions, off-duty use is permitted, but showing up impaired is not

See Workplace & DUI Laws – NJ.gov for state resources on what is and isn’t protected.

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Federal Contract Exceptions

Some employers are bound by federal law. Because marijuana remains illegal federally, businesses with federal contracts, grants, or licensing obligations may be required to maintain zero-tolerance cannabis policies.

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Examples of Cannabis Discrimination at Work

Unfair treatment happens when lawful cannabis use is the only reason for an employer’s decision. Common examples include:

• Wrongful termination after a positive drug test despite legal use
• Denial of employment after disclosing medical marijuana patient status
• Demotions, reduced hours, or pay cuts based on off-duty cannabis use
• Harassment or retaliation for requesting accommodations
• Loss of promotions or training opportunities tied to cannabis status

If THC metabolites appear in a drug test from lawful off-duty use, the employer must provide notice and allow explanation before taking further steps.

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Situations Where Employers May Lawfully Act

Employers still retain rights in certain situations:

• Prohibiting possession or use of cannabis during work hours or on premises
• Acting when an employee is impaired on the job, supported by Workplace Impairment Guidance from the NJ Cannabis Regulatory Commission
• Enforcing zero-tolerance policies in safety-sensitive roles or where required by federal contracts or licenses
• Denying accommodation if it creates undue hardship

See Workplace & DUI Laws – NJ.gov for state resources on what is and isn’t protected.

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Pierce Claims and Wrongful Termination

In addition to statutory protections, New Jersey employees can also bring Pierce claims, wrongful termination actions recognized by the state Supreme Court for firings that violate clear public policy. Because state law now favors lawful cannabis use outside of work, being fired solely for that reason may give rise to a valid Pierce claim.

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Protection Across All Occupations

CREAMMA’s protections apply broadly. Employees in nearly every industry, teachers, office staff, drivers, factory workers, healthcare professionals, and moree, are covered. Unless an exception applies, your employer cannot discipline you for cannabis use on your own time.

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