In 2021, New Jersey Gov. Phil Murphy signed into law the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA). CREAMMA created a statewide Cannabis Regulatory Commission (the "commission"), tasked with enforcement and oversight over the state's cannabis industry. Included in CREAMMA were provisions that included rights and obligations for New Jersey workers and employers, as well as a unique drug testing scheme. Despite the presence of these provisions, it is still unclear how and by whom they can be enforced. Below we discuss recent litigation developments regarding the enforcement of the employment related provisions in CREAMMA, as well as the current state of the Workplace Impairment Recognition Expert (WIRE).
