Legalization of Recreational Marijuana in NJ: Voter Approved, But Not Yet in Effect

New Jersey Public Question 1 on this year’s election ballot sought New Jersey voters’ approval for a constitutional amendment to legalize the possession and use of marijuana for individuals age 21 and older, as well as the cultivation, processing and sale of marijuana. Based on preliminary results, the ballot question passed by an overwhelming margin.

Despite the passage of the ballot question, recreational marijuana is not yet legal in the state of New Jersey. Once confirmed, the Legislature or Attorney General’s Office must enact legislation to implement the legalization and decriminalization of marijuana. In addition, New Jersey officials will begin establishing rules and regulations governing the legalization of marijuana. Until such legislation and regulations are announced, there are no changes to marijuana law in New Jersey.

As a reminder, in 2019, New Jersey expanded the state’s medical marijuana program and adopted formal protections for employees and applicants who use medical cannabis.  Further, earlier this year, the state Supreme Court affirmed that employers may be required to accommodate after-hours use of medical marijuana. 

Littler will update its publications to announce any developments in this area. 

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.