Legal Updates

How Can Employers Navigate Cannabis Use in the Workplace?

Can I prohibit my employees from using recreational cannabis at work?

Yes, you can, but it is important to ensure that your drug and alcohol policy clearly addresses this issue.

Can I drug test by just sending an employee for a urine sample?

It depends on what is being tested. If you are testing specifically for cannabis, then the answer is no, you also need a physical evaluation.

How is cannabis tested in New Jersey?

In New Jersey, drug testing for cannabis requires both: 1) a physical evaluation and 2) a scientifically objective test.

What is a physical evaluation?

A physical evaluation is used to create a reasonable suspicion of an employee's use or impairment from a cannabis item or other intoxicating substance. 

How does an employer complete a physical evaluation?

The best practice is to have a group of supervisors and managers trained to complete the physical evaluation. The New Jersey Cannabis Regulatory Commission recommends having two supervisors complete a particular report to determine whether there is a reasonable suspicion of current impairment.

When can an employer test for cannabis? 

An employer can administer a drug test for cannabis under several circumstances: when there is reasonable suspicion of cannabis use, when observable signs of impairment are present, following a workplace accident that warrants investigation, and randomly if it is part of the employer's policy.

How do I keep my workplace safe?

Make sure to update your drug and alcohol policy to reflect cannabis testing requirements, which are different from other drug tests. Employers should clearly communicate that cannabis impairment during work hours or on company premises is prohibited. Most importantly, make sure your employees are aware of the policy and the consequences of violating it.