Court Rules Cannabis Users Denied Jobs Cannot Sue Under NJ Law
- StewartWood Injury Lawyers
Categories: cannabis law , court ruling , CREAMMA , employment discrimination , New Jersey
The U.S. Court of Appeals for the Third Circuit has ruled that job applicants in New Jersey who are denied employment due to cannabis use cannot sue their prospective employers, even though state law prohibits such discrimination. The decision came in a split ruling on Monday, highlighting a gap in the state's 2021 Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), which legalized recreational marijuana and forbids employment discrimination against cannabis users.
Judge Peter J. Phipps, writing for the majority, noted that while CREAMMA clearly prohibits discrimination, it does not explicitly provide a legal remedy or allow lawsuits for violations. He contrasted this with other New Jersey anti-discrimination laws, which include clearly defined legal remedies for issues like pregnancy or tobacco use discrimination.
Phipps emphasized that the absence of a legislative framework for cannabis-related claims signals that such lawsuits cannot move forward under the current law. The ruling underscores the need for further legislative action if New Jersey lawmakers intend to provide legal recourse for cannabis users in employment disputes.
The decision highlights the evolving legal complexities surrounding marijuana use and workplace policies, even in states where cannabis is legal.