New Jersey has taken a significant step in legalizing the recreational use of marijuana and regulating the marijuana industry. S3195 would allow those 21 and older to possess up to one ounce of cannabis, or 16 ounces of infused solid products, such as edibles, or 72 ounces in liquid form or seven grams of concentrate. Under the bill, taxes on marijuana sales would start at 7 percent and rise to 25 percent over five years. Tucked in the 60-page bill is the following section:
[Nothing in the bill] is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana items in the workplace or to affect the ability of employers to have policies prohibiting marijuana use or intoxication by employees during work hours. No employer shall refuse to hire or employ any person or shall discharge from employment or take any adverse action against any employee with respect to compensation, terms, conditions or other privileges of employment because that person does or does not smoke or use marijuana items, unless the employer has a rational basis for doing so which is reasonably related to the employment, including the responsibilities of the employee or prospective employee.