Short answer: according to Forbes (November 9, 2026), New Jersey’s 2021 marijuana law generally protects workers who use lawfully while off the clock, and an employer generally cannot fire or penalize them for it. Two bills now pending in the Legislature would carve certain police officers and other safety-sensitive workers out of that protection. Neither bill is law yet.
Employers can still ban use or impairment on the job. The bills would also let covered employers prohibit recreational use entirely, including off duty, and act on a positive test for cannabinoid metabolites. Below you will find the current rules, the 2026 Jersey City ruling, what the bills would change, and who to ask about your own job.
Quick facts as of 2026-11-09
| Item | Status as of 2026-11-09 | Source |
|---|---|---|
| Off-duty use under current law | Generally protected from firing or penalties for lawful use | Forbes, November 9, 2026 |
| Senate Bill 4685 | Pending; introduced October 1, 2026 by Sen. Brian Stack | Forbes, November 9, 2026 |
| Assembly Bill 5649 | Pending; introduced October 19, 2026 by Assemblyman Larry Wainstein | Forbes, November 9, 2026 |
| Jersey City officers’ reinstatement | Appellate court affirmed reinstatement orders in May 2026; the ruling is unpublished and nonprecedential | Forbes, November 9, 2026 |
| Status of both bills | Both bills remain pending | Forbes, November 9, 2026 |
| Commercial drivers | Federal DOT rules still bar marijuana regardless of state law | Forbes, November 9, 2026 |
What New Jersey law says about off-duty use now
Forbes reports that the 2021 law, known as CREAMMA, generally forbids employers from refusing to hire, firing or penalizing people for lawful off-duty use. A positive drug test on its own generally does not justify an adverse decision.
Employers keep some tools. They can still bar use or impairment at work, run drug-testing programs and discipline people for breaking workplace rules.
Registered medical marijuana patients have separate protection under the Jake Honig Compassionate Use Medical Cannabis Act. Under that act, a patient cannot face adverse action just for being a patient, and can explain a positive test or ask for a retest, according to Forbes. For how this works at work, see our medical marijuana card at work guide.
What happened in the Jersey City case
In 2022, Jersey City fired two police officers after random drug tests came back positive. In May 2026, a New Jersey appellate court affirmed orders reinstating them and rejected the city’s federal firearms argument, Forbes reports.
Forbes describes the ruling as unpublished and nonprecedential. Police chiefs’ association leaders have long pushed for a legislative change, Forbes adds.
What S4685 and A5649 would change
Senate Bill 4685 was introduced October 1, 2026 by Sen. Brian Stack. The identical Assembly Bill 5649 was introduced October 19 by Assemblyman Larry Wainstein. You can read the S4685 text on the New Jersey Legislature bill text.
Both bills would create an exception for safety-sensitive workers: certain full-time police officers, paid firefighters, EMTs, paramedics, certain rescue personnel, paid 9-1-1 dispatchers, commercial drivers holding a CDL to operate a commercial motor vehicle, and operators of qualifying machinery weighing at least 5,000 pounds.
| Topic | Current law (per Forbes) | Bills as introduced (per Forbes) |
|---|---|---|
| Off-duty recreational use | Generally protected | Employers could ban recreational use entirely, including off duty |
| Hiring, discipline or firing | Generally barred for lawful off-duty use | Employers could refuse to hire, discipline or fire covered workers |
| Positive test | Generally not enough alone for an adverse decision | Employers could act on a positive test for cannabinoid metabolites |
| Timing | In force | Pending; would take effect immediately if enacted. Existing protections continue until then. |
Who this affects
- Off-duty police officers and other workers, who keep current protection until a bill is enacted.
- Full-time police officers, paid firefighters, EMTs, paramedics, certain rescue personnel and paid 9-1-1 dispatchers, the groups the bills name.
- Commercial drivers and operators of machinery weighing at least 5,000 pounds. Federal DOT rules still bar marijuana for commercial drivers regardless of state law, per Forbes. See dot drug tests and marijuana rescheduling.
- Registered medical marijuana patients, who have separate protection under the Jake Honig act.
- Employers, who would gain the powers in the table above if the bills pass.
Common mix-ups
- Pending bills are not law. Both bills remain pending, and existing protections apply until a bill is enacted, per Forbes.
- Lawful under New Jersey law is not lawful under federal law. MedlinePlus cannabis overview notes that recreational cannabis remains illegal under federal law.
- THC and CBD are different. THC is the compound behind the high. MedlinePlus says CBD does not cause one.
- A positive test is not proof of impairment. Forbes notes that THC and its metabolites can stay detectable after impairing effects end, so a positive test may reflect earlier use. New Jersey’s Cannabis Regulatory Commission 2022 workplace guidance recommends documenting observable signs of impairment. For how testing rules work, see our new jersey marijuana drug test employment law guide.
- Federal rescheduling is a separate process. Marijuana Moment reports that DEA and its opponents filed final briefs on November 5, 2026, before the DEA’s chief administrative law judge issues a recommendation on moving marijuana to Schedule III. No date for that recommendation or the DEA’s final decision had been reported as of November 9, 2026.
Who to ask about your situation
For questions about your own job, an employment attorney, your union, or the state labor department can help. For questions about cannabis and your health, a clinician is the right person to ask. For a separate New Jersey example of a randomized school study, a 2024 cluster randomized trial of the NJ Leaves No Bite Behind climate change and food waste curriculum compared 102 fifth-grade students who received the program with 60 controls.
Questions that settle your next step
- Does your job fall into a group named in the bills: police, firefighting, EMS, dispatch, CDL driving, or heavy machinery?
- Are you a registered medical marijuana patient? That protection is separate from the recreational rules.
- Does your employer or union have a written marijuana policy? Ask for a copy so you know what applies to you.
- Are you tracking S4685 and A5649? Check their status on the New Jersey Legislature site as they move.
By HealthDataConsortium.org Research Team
