Drug Testing in New Jersey Workplaces: What Employers and Employees Should Know

Has your employer or prospective employer in New Jersey asked you to take a drug test? Federal law places few limits on drug testing in the workplace. Aside from certain federally regulated industries—such as transportation, aviation, and defense contracting—drug testing is largely governed by state law.

New Jersey has taken a unique approach. While the state does not have a general law that regulates drug testing in private workplaces, court decisions and cannabis legislation have created rights and obligations that both employers and employees need to understand.

General Rule on Drug Testing in New Jersey

Unlike many states, New Jersey has not passed a broad law setting out when and how private employers can test for drugs. This means employers have wide discretion to require testing, especially during the hiring process or when employees hold safety-sensitive positions.

The leading case on workplace drug testing in New Jersey is Hennessey v. Coastal Eagle Point Oil Co., 129 N.J. 81 (1992).

In that case, the state's Supreme Court upheld the termination of a refinery worker who failed a random drug test. The Court explained that drug testing policies must be evaluated on a case-by-case basis, balancing the employee's privacy interests against the employer's interest in safety. Because the employee's job involved significant safety risks, the Court ruled in favor of the employer.

Cannabis and Employee Protections Under CREAMMA

The legal landscape shifted in 2021 with the passage of CREAMMA, the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (N.J. Stat. Ann. §§ 24:6I-31 (2025)). This law legalized recreational cannabis in New Jersey and created specific workplace protections for employees.

Under CREAMMA, employers cannot fire, refuse to hire, or otherwise retaliate against an employee or applicant solely because they test positive for cannabis. The rationale for this protection is that that cannabis can remain in someone's system long after its effects have worn off, making a positive test result a poor measure of current impairment.

However, CREAMMA doesn't give employees a direct right to sue their employer for violations. Instead, enforcement authority rests with the state's Cannabis Regulatory Commission. Employers may still discipline workers who are impaired by cannabis on the job, but they must have evidence of impairment beyond just a positive drug test.

Legal Claims for Improper Drug Testing

Because New Jersey has limited statutory restrictions, employees challenging workplace drug testing usually rely on other legal protections. Common examples include:

• Disability discrimination. The Americans with Disabilities Act (ADA) protects employees who take legally prescribed medication for a disability. Some medications can trigger positive drug test results, and refusing to hire or firing an employee for this reason may be unlawful.

• Other discrimination claims. Employers may face liability if they apply drug testing selectively based on race, gender, age, or another protected category.

• Invasion of privacy. Even if testing is allowed, the method of testing must respect employee privacy. For example, requiring employees to provide a urine sample while being observed could violate privacy rights depending on the circumstances.

• Defamation. If an employer publicizes false positive test results and knew or should have known they were incorrect, the employee may have a defamation claim.

Next Steps

If you believe your rights were violated, you should document what happened, including how the test was conducted and any consequences you faced.

You may be able to file a complaint with the Equal Employment Opportunity Commission, or the New Jersey Division on Civil Rights. Speaking with an employment lawyer can help you assess your options and choose the right next step.