What New Jersey’s Legalization of Recreational Marijuana Means for Pennsylvania Employers

Pennsylvania employers are faced with a new challenge as New Jersey Governor Phil Murphy recently signed into law three bills that decriminalize and legalize marijuana by those over the age of 21. Accordingly, as of February 22, 2021, the use and/or possession of up to 6 ounces of marijuana is now legal in the state of New Jersey.

This raises the question of how Pennsylvania employers will handle employees who live in or visit New Jersey and engage in the legal use of “recreational” marijuana in that state. Although legal while in New Jersey, the recreational use of marijuana remains illegal in the state of Pennsylvania. Accordingly, Pennsylvania employers do not have to allow employees to cross the bridge, visit Cheech, and come back to work. Employers may continue to prohibit the use and possession of marijuana, which would include prohibiting employees from coming to work under the influence of marijuana and disciplining employees who fail a drug test due to the use of marijuana. Pennsylvania employers must still be mindful of the medical marijuana laws in the Commonwealth, but that is another blog, for another day.

Although Pennsylvania’s Republican controlled General Assembly may slow the push for legalizing recreational marijuana, Pennsylvania’s legalization may not be far behind (see Governor Wolf’s recent political agenda). This reality forces Pennsylvania employers to review and update their drug use policies ensuring that they provide for situations involving recreational marijuana – even if it currently is only legal in New Jersey.

For questions about how to revamp your drug policies or any other labor and employment topic, please do not hesitate to contact the attorneys at Hoffman & Hlavac. To stay updated on this and other key labor and employment law developments that affect your workplace, subscribe to our blog and follow us on social media.