On October 1, 2026, New Jersey State Senator Brian P. Stack introduced Senate Bill S4685, which, if enacted into law, would prohibit certain groups of employees—specifically, law enforcement officers, first responders, drivers with a commercial driver’s license (CDL), and operators of heavy equipment—from using cannabis recreationally, whether on or off duty. The legislation would therefore eliminate existing employment protections for such employees by allowing employers to take adverse action against them for using cannabis.
Quick Hits
- New Jersey Senate Bill S4685 prohibits law enforcement officers, first responders, CDL drivers, or persons who operate heavy equipment from engaging in the recreational use of cannabis.
- If enacted as proposed, the bill would allow employers to take adverse action against such employees or applicants who use cannabis recreationally, and to conduct random drug tests to enforce compliance.
- S4685 remains pending before the New Jersey Legislature. If enacted, the bill would take effect immediately.
Background
On February 22, 2021, New Jersey’s then-governor, Phil Murphy, signed into law the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), legalizing the recreational use of marijuana for adults age twenty-one and older. CREAMMA prohibits employers from requiring an employee to abstain from recreational cannabis usage while off duty. Nevertheless, employers may still require employees to undergo a drug test based on a reasonable suspicion of an employee’s use of cannabis, upon finding observable signs of intoxication, after a work-related accident, for pre-employment or regular screening, and randomly for safety-sensitive positions.
The Proposed Changes
The proposed bill would both supplement and amend CREAMMA and related laws to prohibit any law enforcement officer, first responder, CDL driver, or employee who operates heavy equipment from using cannabis at any time during the course of their employment, whether on or off duty or otherwise engaged in work responsibilities. Thus, the proposed bill seeks to carve out from CREAMMA’s protections employees engaged in safety-sensitive positions as follows.
Who is covered:
- Law enforcement officers: permanent, full-time members of state, county, and municipal agencies;
- First responders: a law enforcement officer; paid firefighter; paid member of a duly incorporated first aid, emergency, ambulance, or rescue squad association; paid emergency medical technician; paid paramedic; or paid 9-1-1 first responder dispatcher;
- CDL drivers: a person who has been issued a commercial driver’s license and is employed to drive a commercial motor vehicle; and
- Operators of heavy equipment: machinery weighing 5,000 pounds or more, or a vehicle that requires a CDL.
Additionally, the proposed bill would allow employers of such employees to ensure compliance by (1) discharging or taking any punitive action against the employee for engaging in the use of cannabis; (2) conducting random drug tests using scientifically reliable objective testing methods (e.g. testing of blood, urine, or saliva); and (3) refusing to hire a prospective employee for these positions due to their use of cannabis…