Legal Updates

The New Jersey Cannabis Conundrum: Employee Rights vs. Employer Rules

Can employers in New Jersey maintain a cannabis-free or impairment-free workplace?

Yes. Even though recreational cannabis for adults is legal in New Jersey, employers can still prohibit employees from using and being under the influence of cannabis while working. A best practice tip is to make sure that your company policy is clear and unequivocal that cannabis and impairment are prohibited.

Can employers drug test for cannabis in New Jersey?

Yes, Employers may conduct drug testing for cannabis in certain circumstances, including: pre-employment screening, reasonable suspicion of workplace impairment, following a workplace accident, and random testing (in some industries or safety-sensitive positions) when such testing is described in the employer’s policy.

How do I drug test for cannabis?

Under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, employers generally must rely on both a scientifically reliable drug test and an evaluation of observable signs of impairment when determining whether an employee may have been impaired by cannabis while working.

What is a sign of impairment?

If you are unsure what may qualify as a sign of impairment, your workplace policy should clearly define and describe the indicators supervisors should look for. Establishing a written list of observable behaviors—such as changes in speech, coordination, alertness, or behavior—helps ensure that managers and supervisors use consistent, objective criteria when conducting the observational component of an impairment evaluation. This approach can also help support employment decisions and promote consistent enforcement of workplace policies.\

Can employers prohibit adult employees from using cannabis outside of work?

Now that adult recreational use of cannabis is legal in the State, employers cannot take adverse employment action against an employee solely because that individual uses cannabis outside of work, on his or her personal time. However, employers can still enforce rules regarding impairment, for example, if such impairment is demonstrated during work hours or while on company premises.