Over the past several years, a number of new pieces of legislation have fundamentally changed employers' rights and responsibilities with respect to carte blanche prohibitions on employee marijuana use.

First, in 2019, the Jake Honig Compassionate Use of Medical Cannabis Act, N.J.S.A. 24:6I-1 et seq., ("the Honig Act") was passed, prohibiting employers from taking adverse employment actions against registered qualifying medical marijuana users, subject to a limited number of exceptions. More recently, on Feb. 22, 2021, Governor Murphy signed into law the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (NJCREAMMA). In the wake of the passage of Public Question No. 1 in New Jersey, NJCREAMMA, in part, governs the recreational use of marijuana. The law also has important implications for employers.