NJ Voters Approve Legal Cannabis

Date: November 19, 2020

On November 3 New Jersey voters approved a ballot question legalizing recreational cannabis.  As a result, the legislature must immediately pass the enabling statute.  Both chambers held voting sessions on November 16, but could not reach a consensus on several aspects of the rollout of the now-legal product. Additional committee hearings will be held on November 19, and another voting session on the 23rd.  

Relevant to NFIB members are the rights of an employer to enforce their workplace drug policies as it relates to marijuana use. That is still being debated.  The business community is pushing for language that will allow for an employer to have a zero-tolerance policy against the use of marijuana and maintain a drug-free workplace.  Liability protections for businesses are included in what business groups are calling for:  “An employer shall not be liable for the negligent acts of an employee if the employee’s negligence was due to being under the influence of cannabis and the employer had no actual knowledge that the employee was under the influence of cannabis at the time of the negligent act.”

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