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Legalization of Recreational Marijuana: Effective January 1, 2021, the recreational use of marijuana by adults aged 21 and over is legal in Montana under the Marijuana Regulation and Taxation Act (the Act).
Regarding employers, the Act does not require an employer to permit or accommodate recreational use of marijuana in any workplace or on the employer's property or prohibit an employer from disciplining an employee for violation of a workplace drug policy or for working while under the influence of marijuana. An employer is also entitled to refuse to hire an individual or take an adverse employment action against an individual with respect to hiring, tenure, terms, conditions, or privileges of employment because of the individual's violation of a workplace drug policy or intoxication by marijuana while working.
Legalization of Recreational Marijuana: Effective January 1, 2021, the recreational use of marijuana by adults aged 21 and over is legal in New Jersey. Legislation is currently pending in the state legislature in order to address several issues, including how the legalization affects an employer's right to maintain a drug-free workplace as well as employer refusal to hire or employ any person or discharge from employment or take adverse action against any employee because that person does or does not us cannabis 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.