While New Jersey is still in the early stages of its new retail cannabis market overall, it’s already seen its fair share of snags, most recently one instance surrounding cannabis use and job discrimination.
On Thursday, a federal judge ruled that the law legalizing recreational cannabis in New Jersey does not allow workers to sue potential employers for job discrimination if they were denied a job due to a positive drug test, Benzinga reports.
The lawsuit was filed by Erick Zanetich under the New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act (CREAMMA). Zanetich had applied for a job at a Sam’s Club eCommerce Fulfillment Center and was offered a full-time position as an asset protection associate. However, after testing positive for cannabis in January 2022, the company rescinded the job offer.
Zanetich’s suit alleged that Walmart and Sam’s Club (a division of Walmart Inc.) breached the CREAMMA Act, which prohibits employers from taking adverse actions against workers solely because of “the presence of cannabinoid metabolites in their body.” According to court documents, the suit sought to prevent Walmart and Sam’s Club from “continuing to maintain their illegal policy, practice or customs” in violation of CREAMMA on behalf of any plaintiffs denied employment in New Jersey due to a positive cannabis test.
Zanetich requested that the companies immediately rescind their policy in the state and to reinstate any employees who were fired due to a positive cannabis test, along with back pay.
Walmart conversely argued that only a state agency can enforce the CREAMMA Act, and the judge ultimately sided with the corporation, tossing out the case.
The U.S. District Court for the District of New Jersey ruling said that the law legalizing cannabis in the state gave a state commission exclusive powers, but it did not authorize private lawsuits. Therefore, Walmart ultimately claimed victory in the lawsuit.
Licensed recreational sales of cannabis began on April 21, 2022, though this isn’t the only or most recent challenge the state has seen surrounding employment protections for cannabis use.
In April of this year, four Jersey City police officers petitioned the Civil Service Commission to fight for reinstatement after testing positive for cannabis. All officers deny using cannabis on the job, though the city reportedly did not accuse the officers of using cannabis at work. Rather, the city said that officers went against orders of the department by using cannabis in any capacity. The city also claimed that the officers cannot legally own a firearm under federal law as cannabis users.
The instance occurred approximately a year after the state Attorney General Matthew Platkin issued a memo alerting police chiefs that law enforcement agencies “may not take any adverse action against any officers because they do or do not use cannabis off-duty,” as codified in CREAMMA.
In September 2022, the New Jersey Cannabis Regulatory Commission release new drug testing guidance for employers, deeming employers can require employees to take a drug test “upon reasonable suspicion of an employee’s usage of cannabis or cannabis products while engaged in the performance of the employee’s work responsibilities, or upon finding any observable signs of impairment related to usage of cannabis or cannabis products, or as part of a random drug test program, or following a work-related accident subject to investigation by the employer.”
In these cases, employers are also required to fill out a form detailing “reasonable suspicion” that an employee is under the influence of any drug and requires two observers.
New Jersey law also deems that, even though cannabis use cannot be a determining factor for hiring or firing someone, employers have the right to maintain a drug- and alcohol-free work environment.
