Sussex County

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New Jersey’s November 2020 election ballot included a referendum on the legalization of recreational marijuana for adult use. New Jersey voters approved the referendum by a 67% majority. To that end, on Feb. 22, 2021, Governor Philip Murphy signed into law the “Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act,” or “CREAMMA.” While CREAMMA legalizes and regulates marijuana use and possession for adults aged 21 and over, it also expressly prohibits an employer from subjecting an employee or applicant to any adverse action solely due to an individual’s positive drug test for marijuana.

At the same time, the federal government still prohibits the use of marijuana. So what does all this mean for employers? Just months after this substantial shift in the law, businesses are still struggling to figure out how this impacts them and the people they employ.

Among the issues that will be reviewed are:
· Since federal law still prohibits marijuana use, does federal or state law take precedence?
· Can employers fire employees for cannabis consumption?
· Can employers still require employees to undergo drug tests? What are their limitations?
· Can you legally discipline an employee for having cannabis or being under the influence of marijuana at work?
· Must you provide accommodation for use of medical marijuana in the workplace?
· Can you maintain a drug-free workplace? What should your policies say?

PRESENTED BY:

Thomas N. Ryan, Esq.   Laddey Clark & Ryan LLP	Ursula H. Leo, Partner Laddey Clark & Ryan LLP

About Our Presenters

Thomas N. Ryan, Esq. is a founding partner and the Managing Partner of Laddey Clark & Ryan LLP. Tom, who is Co-Practice Leader of the Firm’s Employment and Labor Practice, is an employment and commercial litigator and a business lawyer who focuses on representing management and individuals in both the private and public sectors. He has litigated cases in both the New Jersey State Superior Courts and in Federal District Court. Tom has extensive experience in employment discrimination, wrongful termination, discipline, breach of contract, harassment, wage and hour, collective bargaining, and other employment related issues.

Ursula H. Leo represents both employers and employees regarding all facets of labor and employment law, including experience in litigating cases in State and Federal Courts. She also regularly counsels clients regarding employment contracts, compensation agreements, non-competition and non-disclosure agreements, severance agreements, and employee handbooks and policies.


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