The rapid evolution of cannabis legislation is keeping businesses nationwide on edge. As states broaden cannabis legalization, many are implementing worker protections for lawful users.
Yet, a recent ruling from the Third Circuit Court of Appeals underscores a stark reality: state-level protections might lack teeth if they do not explicitly provide workers with a legal remedy.
Legal Protections in Question
New Jersey’s 2021 Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act (CREAMMA) exemplifies this legislative trend.
Among its provisions, CREAMMA prohibits employers from discriminating against workers for using cannabis and bars adverse actions based solely on positive drug tests for cannabinoid metabolites.
Despite these protections, Erick Zanetich’s case reveals the potential limits of such laws. After applying for a position at a Wal-Mart facility in Swedesboro, New Jersey, Zanetich’s job offer was rescinded following a positive cannabis test.
He filed a class action lawsuit citing CREAMMA’s anti-discrimination clause, but Wal-Mart’s legal team successfully argued that the statute did not grant individuals the right to sue for violations.
Both the district court and the Third Circuit Court upheld this interpretation, asserting that CREAMMA lacks an explicit “private right of action.”
Implications for Employers and Employees
The ruling doesn’t give employers carte blanche to disregard cannabis-use protections, but it does expose a critical gap: without a clearly defined pathway for enforcement, such laws may fall short of safeguarding workers.
This ambiguity leaves employees reliant on legislative amendments to establish stronger remedies. Meanwhile, employers should tread carefully, balancing compliance with state laws and maintaining workplace policies.
What’s Next?
As the legal landscape evolves, states may need to revisit existing statutes, explicitly granting individuals the right to seek legal recourse.
For now, the Zanetich case serves as a wake-up call—an ironic reminder that laws heralding protection may lack the power to uphold their promises.
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