New Jersey S4685 Marijuana Drug Test Safety Guide for Workers

New Jersey’s 2021 legalization law generally protects you from being fired, refused a job or penalized for lawful off-duty marijuana use, and a positive drug test alone generally is not enough for an employer to act on. Two pending bills would change that for some safety-sensitive jobs. According to Forbes (2026-11-09), Senate Bill 4685 and its identical Assembly companion, Assembly Bill 5649, would create an exception for certain full-time law enforcement officers, paid firefighters, EMTs, paramedics, certain rescue personnel, paid 9-1-1 dispatchers, commercial drivers and operators of qualifying machinery weighing at least 5,000 pounds. Neither bill is law yet, so today’s protections still apply.

What does New Jersey law say now about off-duty marijuana and a positive test?

Forbes reports on New Jersey’s 2021 legalization law, known as CREAMMA. It generally stops employers from refusing to hire, firing or penalizing you for lawful off-duty use. Employers keep several tools under the law. They can ban use or impairment at work, run drug-testing programs and discipline people who break workplace rules. The new jersey marijuana drug test employment law guide walks through how this works day to day.

What would S4685 and A5649 change?

Forbes reports that Senate Bill 4685 was introduced on October 1, 2026 by Sen. Brian Stack. Its identical companion, Assembly Bill 5649, was introduced on October 19, 2026 by Assemblyman Larry Wainstein. You can read the S4685 bill text on the New Jersey Legislature’s website. The bills would cover these safety-sensitive workers:

• Certain full-time police officers
• Paid firefighters
• EMTs and paramedics, plus certain rescue personnel
• Paid 9-1-1 dispatchers
• Commercial drivers holding a CDL and employed to operate a commercial motor vehicle
• Operators of machinery weighing at least 5,000 pounds

For those covered workers, Forbes reports employers could ban recreational use entirely, including off duty. They could also refuse to hire, discipline or fire, and act on a positive test for cannabinoid metabolites alone, without evidence of impairment on the job. Existing protections keep applying until a bill is enacted. If one is enacted, it takes effect immediately.

Why a positive test may not reflect impairment

Forbes reports that THC and its metabolites can remain detectable after the impairing effects have worn off, so a positive result may reflect earlier use rather than impairment. The MedlinePlus cannabis topic page from the U.S. National Library of Medicine explains that THC is the chemical that causes the high, while CBD does not cause a high. Forbes also notes that New Jersey’s Cannabis Regulatory Commission 2022 workplace guidance recommends documenting observable signs of impairment.

What about medical marijuana patients?

Forbes reports that the Jake Honig Compassionate Use Medical Cannabis Act gives registered patients separate protection. Patients cannot face adverse action solely for being registered, and they get a chance to explain a positive test or request a retest. Forbes notes that the bill addresses recreational use and does not expressly explain how it would interact with those protections, so a registered patient should ask an employment attorney how the bills would apply. For more on this, see the medical marijuana card at work guide.

What about commercial drivers and DOT rules?

Forbes reports that commercial drivers under federal DOT drug testing rules remain barred from marijuana regardless of state law, and that DOT has reaffirmed this. A state bill does not change that federal rule. The dot drug tests and marijuana rescheduling guide covers the federal side in more detail.

What is happening with federal marijuana rules?

Marijuana Moment reports that an April 2026 order from Attorney General Todd Blanche reclassified state-licensed medical cannabis and FDA-approved marijuana products from Schedule I to Schedule III. A separate order led to a DEA hearing in June and July 2026 on moving marijuana more broadly to Schedule III. On November 5, 2026, DEA and the participating opponents filed what are expected to be the final briefs before DEA Chief Administrative Law Judge Derek Julius issues a recommendation to the DEA administrator. The Government Accountability Office report at the center of the dispute found that DEA has no policies or procedures for how staff evaluate or schedule substances. Several lawsuits are pending, and the D.C. Circuit recently declined to block the rescheduling while they proceed. A congressional committee voted to block further steps, but bipartisan lawmakers told Marijuana Moment they do not expect that provision to be enacted. None had been reported for a judge’s recommendation or a DEA final decision as of November 9, 2026.

Key dates

Who does this affect?

• Workers in the listed safety-sensitive jobs. If the bills pass, employers could act on a positive test alone in these roles.
• Other New Jersey workers. Current law still generally protects lawful off-duty use, and a positive test alone generally is not enough for an adverse decision.
• Employers. Current law lets them ban use or impairment at work, run drug-testing programs and discipline rule violations.
• Medical cannabis patients. The Jake Honig Act protections described above apply.
• Commercial drivers under DOT testing. Federal rules bar marijuana regardless of state law.

Common mix-ups

• A pending bill is not yet law. Existing protections continue to apply until one is enacted.
• Hemp rules are a separate issue. Marijuana Moment reports that under a 2025 federal law, hemp products stay legal only with 0.4 milligrams of total THC per container after November 12, 2026. A September 2026 funding bill moved the ban’s effective date for most products to December 11, 2026. The Congressional Research Service legal sidebar on the hemp definition was published in late October 2026.
• The Illinois hemp case is in another state. NewsChannel 20 reported on November 6, 2026 that the Illinois Healthy Alternatives Association and hemp businesses filed to stop provisions of the Illinois Hemp Act from taking effect on November 12, 2026. It concerns products sold in Illinois, not New Jersey workplace testing.
• The DEA case is federal. The rescheduling hearing concerns federal scheduling of marijuana, not New Jersey workplace rules.

Questions that settle your next step

• Is your job on the list? If it is, the bills would matter only if they pass. Current law still protects lawful off-duty use.
• Are you a registered medical patient? Keep your registration documents handy and ask how the Jake Honig Act applies to your situation.
• Do you hold a CDL? DOT testing rules apply regardless of state law.
• Who can answer your specific case? An employment attorney, your union, or the state labor department can. A clinician can answer medical questions.

For the next step, start with the new jersey marijuana drug test employment law guide, then bring your questions to the people listed above.

By HealthDataConsortium.org Research Team