Marijuana

On September 9, 2022, the New Jersey Cannabis Regulatory Commission (Commission) released interim Guidance (Guidance) on the workplace drug testing provisions of the state’s recreational marijuana law, known as the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (Act).  This is the Commission’s first workplace guidance since the adoption of the Act in February, 2021, and is intended to serve as a placeholder until the Commission formulates and approves standards for Workplace Impairment Recognition Expert (WIRE) certifications. … Continue Reading

On August 5, the Superior Court of Pennsylvania ruled, in a case of first impression, that the Pennsylvania Medical Marijuana Act (“MMA”) permits a private right of action for employees who claim that they were discriminated against or terminated for use of medical marijuana in violation of the MMA.  The court held that such a discharge from employment can form the basis of a claim for wrongful termination in violation of public policy.… Continue Reading

On April 13, 2021, the New Jersey Supreme Court unanimously upheld an Appellate Division decision affirming a workers’ compensation order which directed M&K Construction to reimburse a former employee, Vincent Hager, for the ongoing costs of medical marijuana he was prescribed following a work-related accident which left him with chronic pain.… Continue Reading

The latest episode of Ballard Spahr’s Business Better podcast features a conversation on the legalization of marijuana in certain states and its impact on the workplace. Ballard Spahr Labor and Employment attorneys Jay Zweig, Emily Daher, and Joseph Wiltse review what they’re seeing in their specific states and discuss other topics, including: what employers can and can’t do in regulating marijuana use by their employees, guidelines for implementing drug testing policies, how to deal with so-called “safety sensitive” positions, and the interplay of state and federal law.… Continue Reading

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.  … Continue Reading

In November, New Jersey voters said “yes” to the legalization of recreational marijuana.  On February 22, 2021, Governor Phil Murphy signed legislation that legalized and decriminalized recreational marijuana and established a system for a recreational marijuana industry in New Jersey.

Importantly, the new legislation addresses many issues of significance affecting the employer-employee relationship. … Continue Reading