CREAMM Act: Employer Compliance Guide | Innovative

What New Jersey Employers Need to Know About the CREAMM Act (and How to Stay Compliant)

As New Jersey’s employment laws continue to evolve, one of the most significant changes in recent years is the legalization of recreational cannabis under the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMM Act).

While this legislation opened the door for adult recreational use, it also introduced new challenges — and responsibilities — for employers across the state. Many organizations are still unsure what this law means for their workplace drug policies, employee rights, and overall compliance strategy.

To help, Innovative Benefit Planning has created a free downloadable tip sheet to guide New Jersey employers through the essentials of CREAMM Act compliance.

What Is the CREAMM Act?

Signed into law in 2021, the CREAMM Act legalized recreational cannabis use for adults 21 and older and established a regulatory framework for the cannabis marketplace. For employers, however, the Act’s most important impact is its employment protections and workplace policy requirements.

Under the law, New Jersey employers:

• Cannot discipline, refuse to hire, or terminate an employee solely for lawful, off-duty cannabis use.
• Can prohibit use, possession, or impairment during work hours or on company property.
• Must assess impairment based on actual behavior or performance — not a positive drug test alone.
• This balance means organizations must tread carefully to maintain a safe, compliant, and equitable workplace.

Why the CREAMM Act Matters for Employers

The CREAMM Act has changed how employers must think about drug testing, employee rights, and workplace safety. Failure to align policies with the new law could expose your company to legal, reputational, and compliance risks.

By updating your policies and training your managers appropriately, you can:

✅ Avoid costly compliance mistakes

✅ Protect workplace safety and consistency

✅ Foster trust and transparency across your workforce

✅ Align your policies with both state and federal requirements

Not sure where to start? Our CREAMM Act Employer Tip Sheet outlines each of these action steps in detail and offers guidance to help your organization stay ahead of compliance challenges.

Download the Free CREAMM Act Employer Tip Sheet

Stay compliant, reduce risk, and support your workforce with clarity. Download our free resource today to ensure your workplace policies align with New Jersey law.

Innovative Benefit Planning clients get a discount through Advanced Training Products (ATP). Learn more HERE.