by Sophia Breene, John Losinger, Michael Shortt, Saiber LLC - JD Supra

In May, 2026, the New Jersey Appellate Division held that individuals have an implied private right of action against employers under the Cannabis Regulatory, Enforcement Assistance, and Market Modernization Act (“CREAMMA”) when an employer refuses to hire or takes adverse employment action based on a positive test for cannabinoid metabolites. The case, Sanders v. The Levari Group, LLC, is the first New Jersey state court decision to address the question, and it carries significant implications for New Jersey employers that maintain pre-employment drug testing programs or condition offers of employment on drug screening results.