New Jersey Cannabis Law: How the Sanders Decision Affects Employers
Takeaways The New Jersey Appellate Division in Sanders held that the state’s cannabis statute allows an aggrieved individual to bring a private lawsuit in a court of law. Employers should ensure their current practices and policies are compliant with the law’s anti-discrimination provisions, which prohibit taking an adverse employment action against an employee or refusing to hire an individual because of their use or non-use of cannabis. Until the New Jersey Appellate Division’s decision in Sanders v. The Levari Group, d/b/a First Choice Freezer [MS1] , No. A-2715-23 (May 26, 2026), it was unclear whether an individual could bring a private lawsuit alleging discrimination in violation of the state’s cannabis law, the Cannabis Regulatory, Enforcement Assistance, and Market Modernization Act (CREAMMA). The Appellate Division recently held that individuals who allege to have suffered adverse employment actions because of their use of cannabis could bring a claim of violation of C...