Below is the interim guidance on “workplace impairment” issued on Friday by the Cannabis Regulatory Commission (CRC). In general, the CRC determined that “pursuant to N.J.S.A. 24:6I-52a(1), and in accordance with all state and federal laws, 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 as a result of engaging in conduct permitted under N.J.S.A. 24:6I-31 et al.” However:
- Employers have the right to maintain a drug free workplace consistent with the requirements of N.J.S.A. 24:6I-52; and
- Employers may require an employee to undergo a drug test upon reasonable suspicion of an employee’s usage of cannabis or cannabis products while engaged in the performance of the employee’s work responsibilities, or upon finding any observable signs of impairment related to usage of cannabis or cannabis products, or as part of a random drug test program, or following a work-related accident subject to investigation by the employer.
Please note that this document is intended to serve as guidance until the CRC formulates and approves standards for the Workplace Impairment Recognition Expert (WIRE) certification of which will control at the time.
Read the full description of NJCRC Guidance on Workplace Impairment