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    New Jersey Extends Employment Protections to Recreational Marijuana

    On February 22, 2021, Governor Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”), legalizing the recreational use of cannabis items for individuals age 21 and older. Among other things, CREAMMA prohibits employers from refusing to hire an applicant or discharging an employee because the person “does or does not smoke, vape, aerosolize or otherwise use cannabis items.” CREAMMA also bans employers from taking adverse action against employees due solely to the presence of cannabinoid metabolites. However, CREAMMA specifically allows employers to maintain a drug and alcohol free workplace, and to ban the use, consumption, being under the influence, and possession of cannabis in the workplace or during work hours.