New Jersey Lawmakers Mull Stronger Labor Protections for Cannabis Industry Workers

Quick Hits

• New Jersey lawmakers have advanced a bill to provide stronger labor protections for cannabis industry workers, aligning their rights with those covered by federal and state labor laws.
• The proposed legislation would empower the State Board of Mediation to enforce unfair labor practice charges and expand union organizing rights and collective bargaining protections for cannabis workers.
• If enacted, the measure would enforce prohibitions against unfair labor practices by cannabis employers and grant unions greater access to engage with employees.

On June 30, 2025, the New Jersey Assembly passed Assembly Bill (A) No. 4182, which now must be considered by the New Jersey Senate. The bill comes amid a significant expansion of the industry after New Jersey legalized recreational marijuana use with the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) of 2021.

New Jersey law already provides some labor protections for cannabis industry workers. However, there is a question as to whether some workers involved in the cultivation or harvesting of cannabis fall under the “agricultural laborer” exemption to the National Labor Relations Act (NLRA).

A4182 seeks to ensure that all workers in the cannabis industry, including those working for medical and recreational licensed cultivators and dispensaries, have similar labor protections to those provided by the NLRA and similar to those provided to public employees under the New Jersey public employment relations law and the Workplace Democracy Enhancement Act (WDEA). Specifically, the bill would enhance organizing and union rights, empower state authorities to enforce unfair labor practice (ULP) charges, and increase potential penalties for noncompliance.

Key Terms

The bill would define a “[c]annabis employer” as a private employer that is an authorized medical cannabis cultivator, manufacturer, distributor, or dispensary. It would also apply to “[c]annabis worker[s],” defined as employees of a cannabis employer who are not subject to the NLRA.

State Board of Mediation

Specifically, A4182 would expand the responsibilities of the State Board of Mediation in the New Jersey Department of Labor and Workforce Development (Board) to cover employment in the cannabis industry not covered by the NLRA. The Board would have “exclusive power” to prevent anyone from engaging in any listed ULP and bring enforcement actions against alleged violators. The Board would be required to adopt regulations for selecting majority representatives, negotiation procedures, grievance resolution, and other employment terms.

The bill would further provide workers employed by cannabis employers with rights and protections equal to those provided to other workers regarding employee representation, collective bargaining, and unfair labor practices.

Unfair Labor Practices

The bill would prohibit cannabis employers and their representatives from engaging in unfair labor practices, such as:

• interfering with or coercing employees in their exercise of rights granted by the bill;
• “[d]ominating or interfering” with employee organizing;
• discriminating against employees for exercising their rights;
• “[r]efusing to negotiate in good faith with a majority representative of employees”; and
• violating board regulations.

Similarly, it prohibits organizations representing or seeking to represent cannabis workers from engaging in unfair practices against employees or employers.

Organizing Protections

Notably, A4182 contains several protections for cannabis employee organizing and requirements for cannabis employers with regard to employee representatives. Specifically, the bill would grant employee majority representatives or unions the right to access cannabis employers’ premises to meet with employees, investigate grievances, and conduct meetings. The bill would also require employers to provide contact information of employees to the employee organization and to facilitate payroll deductions for union membership dues.

The bill would further grant organizations representing cannabis workers “the right to engage in publicity.” Notably, this right would include “picketing … for the purpose of truthfully advising the public, including consumers, that products or the ingredients of products are produced by a cannabis employer with which the organization has a dispute,” even if the publicity “has the effect of requesting the public to cease patronizing businesses which distribute or sell those products.” (Emphasis added.)

Fines and Penalties

A4182 would increase the potential penalties for cannabis employers found to be in noncompliance with the law. The bill would increase the maximum daily fine from $1,000 to $5,000 for each day that an employer failed to provide the required information to the Board or otherwise prevented the Board from carrying out its responsibilities.

Additionally, the bill would allow for the imposition of other remedies, such as:

• reinstatement of employees who were discharged or discriminated against;
• payment of any wages lost due to discrimination;
• payment of reasonable costs of action; and
• liquidated damages equal to the wages due.

If enacted as proposed, the legislation would empower the Board to order a cannabis employer found to have violated the law to “make whole the employee organization for any losses suffered by the organization as a result of the violation.”

Next Steps

A4182 aims to ensure that cannabis workers have the same protections and rights as other workers, particularly with regard to collective bargaining and protections against unfair labor practices. The New Jersey Assembly has advanced the bill, but the New Jersey Senate must still pass it. It is unclear whether the bill will gain traction in the Senate now. The bill would take effect immediately upon its enactment into law.

Ogletree Deakins Morristown office will continue to monitor developments and will provide updates on the Drug Testing, New Jersey, and Traditional Labor Relations blogs as additional information becomes available.

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