New Jersey Court Allows Cannabis Users to Sue Employers Over Job Denials
On May 26, 2026, the Superior Court of New Jersey, Appellate Division, ruled that individuals denied employment due to positive cannabis tests can sue their employers under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Market Modernization Act (CREAMMA). This decision came from the case Sanders v. The Levari Group, LLC, where Darlene Sanders was denied a job after testing positive for cannabis metabolites. The court found that CREAMMA provides an implied private right of action, allowing individuals to seek legal recourse if they face employment discrimination based on cannabis use. This ruling reverses a previous trial court decision that dismissed Sanders' claim, stating that her remedy was through the Cannabis Regulatory Commission.