On February 22, 2021, Governor Phil Murphy signed three cannabis reform bills into law. In a previous blog post, we discussed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (NJCREAMMA) which, in part, legalizes marijuana use for adults over the age of 21 and prohibits employers from taking adverse employment action solely because of a positive drug test.
Part 2 of this blog delves into the remaining two companion bills signed by the Governor on that same date: AB 1897 - also known as the “Decriminalization Bill” and S3454—referred to as the “Clean Up" bill.
Important for employers, section 15 of the decriminalization bill outlines information employers are prohibited from asking about or considering related to an applicant’s marijuana-related criminal history. The law states that “an employer shall not be permitted to consider when making an employment decision, rely solely on, or require any applicant to disclose or reveal, or take any adverse action against any applicant for employment solely on the basis of, arrest, charge, conviction, or adjudication of delinquency” related to cannabis manufacture, distribution, or possession when making an employment decision, regardless of when it occurred.
Employers face protentional fines for violation of section 15 (i.e. up to $1,000 for the first violation, $2,000 for the second violation, and $10,000 for each subsequent violation). The law further specifies that this does not authorize for private cause of action by an aggrieved person against an employer. The provisions of this law will take effect on August 1, 2021. Before then, employers should review their hiring practices and update accordingly.
Exceptions to the law apply for particular positions. For example, the law outlines that positions in “law enforcement, corrections, the judiciary, homeland security, or emergency management” are exempt.
Additionally, suppliers of cannabis items to underage persons face civil penalties of not less than $250 for a first violation; not less than $500 for a second violation; and $1,000 for a third and each subsequent violation. Notably, these are the same civil penalties applicable to licensed tobacco retailers and persons who provide tobacco products to underage persons.
Any person 21 years of age or older who purchases a cannabis item on behalf of an underaged individual could be adjudged a petty disorderly person, subject to a term of imprisonment of up to 30 days, a fine of up to $500, or both.
The bill also addresses added measures in law enforcement training noting that “the Police Training Commission in the Department of Law and Public Safety shall adopt a training course regrading law enforcement interaction with persons under the lawful age to purchase cannabis.” Further details into the training course and course requirements are outlined. For example, the training course would be administered by the employing agency as part of the in-service training provided to each local police officer in each law enforcement unit operating in this State.
Part 2 of this blog delves into the remaining two companion bills signed by the Governor on that same date: AB 1897 - also known as the “Decriminalization Bill” and S3454—referred to as the “Clean Up" bill.
The Decriminalization Bill
AB 1897 decriminalizes use and possession of marijuana (and certain marijuana products), up to a certain amount and reforms criminal and civil penalties for marijuana and hashish offenses. Under the new law, use and possession of up to six ounces of marijuana is no longer crime; however, driving under the influence is still considered illegal. Additionally, the bill provides means for expungement relief for certain marijuana-related violations and increases awareness of such relief.Important for employers, section 15 of the decriminalization bill outlines information employers are prohibited from asking about or considering related to an applicant’s marijuana-related criminal history. The law states that “an employer shall not be permitted to consider when making an employment decision, rely solely on, or require any applicant to disclose or reveal, or take any adverse action against any applicant for employment solely on the basis of, arrest, charge, conviction, or adjudication of delinquency” related to cannabis manufacture, distribution, or possession when making an employment decision, regardless of when it occurred.
Employers face protentional fines for violation of section 15 (i.e. up to $1,000 for the first violation, $2,000 for the second violation, and $10,000 for each subsequent violation). The law further specifies that this does not authorize for private cause of action by an aggrieved person against an employer. The provisions of this law will take effect on August 1, 2021. Before then, employers should review their hiring practices and update accordingly.
Exceptions to the law apply for particular positions. For example, the law outlines that positions in “law enforcement, corrections, the judiciary, homeland security, or emergency management” are exempt.
The “Clean Up” bill
S3454 addresses penalties for marijuana and cannabis possession and consumption for individuals younger than 21 years old. For example, the bill outlines that underage individuals—between 18 and 21 years of age—who possess or consume marijuana could face a civil penalty of up to $50.Additionally, suppliers of cannabis items to underage persons face civil penalties of not less than $250 for a first violation; not less than $500 for a second violation; and $1,000 for a third and each subsequent violation. Notably, these are the same civil penalties applicable to licensed tobacco retailers and persons who provide tobacco products to underage persons.
Any person 21 years of age or older who purchases a cannabis item on behalf of an underaged individual could be adjudged a petty disorderly person, subject to a term of imprisonment of up to 30 days, a fine of up to $500, or both.
The bill also addresses added measures in law enforcement training noting that “the Police Training Commission in the Department of Law and Public Safety shall adopt a training course regrading law enforcement interaction with persons under the lawful age to purchase cannabis.” Further details into the training course and course requirements are outlined. For example, the training course would be administered by the employing agency as part of the in-service training provided to each local police officer in each law enforcement unit operating in this State.