Marijuana Provisions for NJ Employers

NJ Employers – Rules and Regulations regarding Employee Marijuana Use

Employers wondering what the rules and regulations are for employees that use cannabis products has been answered by the New Jersey Cannabis Regulatory Commission. The latest provision passed by the Commission focuses on what employers can do to keep their workplaces drug-free.

The rule states, “No employer shall take any adverse action against any employee … because that person does or does not smoke, vape, aerosolize or otherwise use cannabis items, and an employee shall not be subject to any adverse action by an employer solely due to the presence of cannabinoid metabolites in the employee's bodily fluid".

Employers can prohibit employees from using or possessing marijuana in the workplace. Employers cannot take action against an employee based solely on the results of a drug test, but employers can act if an employee comes to work impaired.

A determination of impairment requires an employer to get the opinion of a Certified Workplace Impairment Recognition Expert (WIRE), and a valid test.

The Commission is still working to develop the standards for a WIRE certification.

As employers cannot take action against an employee based solely on a drug test, employers should proceed cautiously in  their use of drug-testing policies in the state and are advised to reach out to legal counsel for guidance.  

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Located in Mercer County, New Jersey, and extending our services to Pennsylvania, the Law Office of H. Benjamin Sharlin LLC is committed to your legal needs. Whether you are facing personal challenges or professional matters, we are here to navigate the complexities with you.

Call us at (609) 585-0606 or use the button below to schedule an appointment. We're ready to listen and act on your behalf.

In Need of Legal Assistance?

Take The First Step Today

Located in Mercer County, New Jersey, and extending our services to Pennsylvania, the Law Office of H. Benjamin Sharlin LLC is committed to your legal needs. Whether you are facing personal challenges or professional matters, we are here to navigate the complexities with you.

Call us at (609) 585-0606 or use the button below to schedule an appointment. We are ready to listen and act on your behalf.