The Third Circuit Court of Appeals has held that the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not permit a private citizen to bring a civil action for enforcement of the provisions prohibiting discrimination against cannabis users. Erick Zanetich v. Wal-Mart Stores East, Inc. et al., Docket No. 23-1996

Luke P. Breslin
Luke P. Breslin is a principal in the Berkeley Heights and Monmouth County, New Jersey, offices of Jackson Lewis P.C. His practice focuses on representing employers in workplace law matters in federal and state courts and administrative agencies, including the Equal Employment Opportunity Commission, and the New Jersey Division of Civil Rights. Luke is also a member of the firm’s Disability Management practice group and contributor to Jackson Lewis publications discussing various state and local leave laws. He counsels clients on the ever-changing landscape of leave laws, workplace accommodations and policies, which are designed to assist companies to comply with federal, state and municipal obligations.
New Jersey Medical Marijuana User May Proceed With Discrimination Claim
The New Jersey Supreme Court affirmed an appellate court ruling allowing a medical marijuana user to proceed with his disability discrimination claim under the New Jersey Law Against Discrimination (“LAD”). Wild v. Carriage Funeral Holdings, Inc., No. 082836 (Mar. 10, 2020).
The plaintiff, a cancer patient and lawful user of medical marijuana, was involved in…