With New Jersey and California poised to change their approaches to cannabis in the workplace, Keya Denner authored an article published April 26, 2023 in the New Jersey Law Journal detailing what employers in each state should know about the impending legal updates.
Both states have passed laws that make it unlawful for employers to discriminate against employees (1) for using cannabis off the job or (2) because a drug test reveals the presence of non-psychoactive cannabis metabolites. New Jersey's law also incorporates the concept of a Workplace Impairment Recognition Expert (WIRE), or a person who is “certified” to provide an opinion on employee cannabis impairment.
These changes are likely to have a significant impact on how employers manage cannabis use in the workplace. “New Jersey and California should review their current policies and update them as needed to ensure compliance,” said Denner. “Employers would be wise to consider training for supervisors and management geared towards observing and documenting signs of impairment on the job. Companies should also review their current third-party drug test providers and drug testing panels and consider alternative testing methodologies, such as saliva and oral fluid testing.”
For the full article, please click here.