Read the full stored bill text
S3452
SENATE, No. 3452
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 9, 2026
Sponsored by:
Senator� JAMES BEACH
District 6 (Burlington and Camden)
SYNOPSIS
���� Establishes protection from adverse employment action
for authorized medical cannabis patients.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning medical cannabis, supplementing
P.L.2009, c.307, and repealing section 9 of P.L.2019, c.153.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� a.� Unless an employer
establishes by a preponderance of the evidence that the lawful use of medical
cannabis has impaired the employee�s ability to perform the employee�s job
responsibilities, it shall be unlawful to take any adverse employment action against
an employee who is a qualified registered patient using medical cannabis
consistent with the provisions of P.L.2009, c.307 (C.24:6I-1 et al.) based on
either: (1) the employee�s status as a registry identification cardholder; or
(2) the employee�s positive drug test for cannabis components or metabolites.
���� For the purposes of this
section, an employer may consider an employee�s ability to perform the
employee�s job responsibilities to be impaired when the employee manifests
specific articulable symptoms while working that decrease or lessen the
employee�s performance of the duties or tasks of the employee�s job position.
���� b.��� (1)� If an employer has
a drug testing policy and an employee or job applicant tests positive for
cannabis, the employer shall offer the employee or job applicant an opportunity
to present a legitimate medical explanation for the positive test result, and
shall provide written notice of the right to explain to the employee or job
applicant.
���� (2)�� Within three working
days after receiving notice pursuant to paragraph (1) of this subsection, the
employee or job applicant may submit information to the employer to explain the
positive test result, or may request a confirmatory retest of the original sample
at the employee�s or job applicant�s own expense.� As part of an employee�s or
job applicant�s explanation for the positive test result, the employee or job
applicant may present a health care practitioner�s recommendation for medical
cannabis, a registry identification card, or both.
���� c.���� Nothing in this section
shall restrict an employer�s ability to prohibit or take adverse employment
action for the possession or use of intoxicating substances during work hours,
or require an employer to commit any act that would cause the employer to be in
violation of federal law, or that would result in the loss of a federal
contract or federal funding.
���� d.��� As used in this section,
�adverse employment action� means refusing to hire or employ a qualified
registered patient, barring or discharging a qualified registered patient from
employment, requiring a qualified registered patient to retire from employment,
or discriminating against a qualified registered patient in compensation or in
terms, conditions, or privileges of employment.
���� 2.��� Section 9 of P.L.2019,
c.153 (C.24:6I-6.1) is repealed.
���� 3.��� This act shall take
effect immediately.
STATEMENT
���� This bill would establish
protections from adverse employment actions for registered patients using
medical cannabis pursuant to the �Jake Honig Compassionate Use Medical Cannabis
Act.�
���� Specifically, an employer
would be prohibited from taking any adverse employment action against an
employee based on the employee�s status as a registry identification cardholder
or based on a positive test for cannabis, unless the employer establishes by a
preponderance of the evidence that the lawful use of medical cannabis has
impaired the employee�s ability to perform the employee�s job
responsibilities.� The bill provides that an employer may consider an
employee�s ability to perform the employee�s job responsibilities to be
impaired when the employee manifests specific articulable symptoms while
working that decrease or lessen the employee�s performance of the duties or
tasks of the employee�s job position.
���� If an employer has a drug
testing policy and an employee or job applicant tests positive for cannabis,
the employee or job applicant is to be offered an opportunity to present a
legitimate medical explanation for the positive test result, and is to be provided
written notice of the right to explain.� Within three working days after
receiving notice, the employee or job applicant would be permitted to submit
information to the employer to explain the positive test result, or request a
confirmatory retest of the original sample at the employee�s or job applicant�s
own expense.� An employee or job applicant would be permitted to present a
health care practitioner�s recommendation for medical cannabis, a registry
identification card, or both, as part of the employee�s or job applicant�s
explanation for the positive test.
���� Nothing in the bill would
restrict an employer�s ability to prohibit or take adverse employment action
for the possession or use of intoxicating substances during work hours, or
require an employer to commit any act that would cause the employer to be in
violation of federal law, or that would result in the loss of a federal
contract or federal funding.
���� The bill defines �adverse
employment action� to mean refusing to hire or employ a qualified registered
patient, barring or discharging a qualified registered patient from employment,
requiring a qualified registered patient to retire from employment, or discriminating
against a qualified registered patient in compensation or in terms, conditions,
or privileges of employment.