Walmart's Legal Victory Over NJ Resident Who Lost Job Opportunity In Pre-Employment Cannabis Test

A New Jersey law legalizing recreational marijuana does not allow workers to sue potential employers for job discrimination if they’ve been denied a job as the result of a positive drug test, a federal judge ruled on Thursday.

The ruling by the US District Court for the District of New Jersey handed a win to Walmart  WMT in a lawsuit brought by Erick Zanetich under the New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act (CREAMMA).

The judge ruled that the worker, whose job offer was pulled on the basis of a positive cannabis test, lacks suit.

What Happened: Zanetich applied for a job at a Sam's Club eCommerce Fulfillment Center for which he was asked to take a drug test in January 2022. In the meantime, the company offered him a full-time Asset Protection Associate job with a start date of February 2, 2022. However, Zanetich tested positive for marijuana. A Sam's Club HR representative called and told him the job offer had been rescinded. 

Zanetich's lawsuit alleged that Walmart and Sam's violated New Jersey's CREAMMA Act, a state law, which among other things prohibits an employer from taking adverse action against a worker "solely due to the presence of cannabinoid metabolites in their body." 

However, Walmart argued that the CREAMMA Act can only be enforced by a state agency. The Judge Agreed 

Walmart successfully convinced the judge to toss the lawsuit, arguing that a New Jersey law legalizing recreational marijuana use gave a state commission exclusive enforcement powers but does not authorize private lawsuits.