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In 2021, New Jersey voters amended the state constitution to allow adults to use marijuana recreationally. Lawmakers included provisions to protect workers who use cannabis, but recent court decisions suggest those protections might not hold up.
Here’s the situation: Erick Zanetich, a New Jersey resident, filed a lawsuit against Walmart. He says he was offered a security guard job at their Swedesboro facility, contingent on passing a drug test. When his test came back positive for marijuana, Walmart rescinded the offer. Zanetich argued this decision violated his rights under the 2021 cannabis law.
A lower court dismissed his lawsuit, but Zanetich’s attorney appealed. The Third Circuit Court of Appeals reviewed the case and delivered a 2-1 decision. While the court acknowledged that New Jersey’s law includes worker protections for cannabis use, it pointed out a major flaw. Judge Peter Phipps explained in the majority opinion that the state didn’t create a clear legal pathway for workers to sue if those protections are violated. In his words, lawmakers made “a deliberate choice not to provide a remedy.”
This ruling leaves workers in a tough spot. Despite the intent to shield cannabis users from workplace discrimination, the absence of enforcement mechanisms undermines those protections. Employers, meanwhile, are left with vague guidelines about how to handle cannabis use among employees.
Deliberate Ambiguity Ultimately Harms NJ Workers
Legal experts warn that this decision could make things even more confusing. Employers might feel emboldened to take disciplinary action against employees using marijuana off the clock, without fear of legal consequences.
The broader issue here is clarity—or the lack of it. Employers have long criticized the state for not providing clear rules about cannabis in the workplace. Now, workers who thought they were protected might find themselves vulnerable, while employers navigate a legal gray area.
The takeaway? New Jersey’s cannabis law needs an upgrade. Workers and employers alike deserve better-defined rights and responsibilities. For now, if you’re using cannabis recreationally, it’s best to stay informed and cautious about your workplace policies.
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