Erick Zanetich v. Wal-Mart Stores East, Inc., et al.

Camden, New Jersey employment law lawyer represented the Plaintiff who claimed that he was wrongfully denied employment.





In 2021, as part of its efforts to legalize and regulate

marijuana use "in a similar fashion to the regulation of alcohol

for adults,” New Jersey enacted the Cannabis Regulatory,

Enforcement Assistance, and Marketplace Modernization Act

– referred to herein as 'CREAMMA.' N.J. Pub. L. 2021, ch. 16

(amending N.J. Stat. §§ 18A, 24, 40, and 54). One of the

provisions of CREAMMA prohibits employers from refusing

to hire a job applicant for the use of cannabis. See N.J. Stat.

§ 24:6I-52(a)(1). CREAMMA, however, does not expressly

provide a private remedy for redressing employment

discrimination against cannabis users. And, in 2022, a retailer

in New Jersey rescinded an offer of employment to a job

applicant because he tested positive for cannabis.



Claiming that the retailer's decision violated CREAMMA,

that job applicant initiated this two-count lawsuit individually

and on behalf of a putative class. The first count sought redress

on the theory that CREAMMA implies a remedy for violations

of its employment protections. The second count pursued a

claim for pre-employment discrimination in violation of public

policy. The retailer moved to dismiss both counts, and the

District Court granted that motion on the grounds that neither

presented a legally viable claim.



In this appeal, the job applicant challenges that ruling and

alternatively seeks certification to the New Jersey Supreme

Court of the state-law issues underlying both claims. On de

novo review of the District Court's decision, we will affirm the

judgment of the District Court, and exercising our discretion,

we will not certify either question.

Affirmed