In September 9, 2022, the New Jersey Cannabis Regulatory Commission (NJ-CRC) issued long-awaited interim guidance to employers regarding the use of a Workplace Impairment Recognition Expert (WIRE) to “detect[] and identify[] an employee’s usage of, or impairment from, a cannabis item or other intoxicating substance.” In addition, the NJ-CRC also released a template “Reasonable Suspicion Observed Behavior Report” form that employers may, but are not required to, use in connection with workplace drug testing.
As we previously reported, the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) requires an employer, prior to conducting most marijuana drug testing, to conduct a “physical evaluation” of an employee and to use a so-called WIRE-certified individual to make a decision about whether the employee is impaired by marijuana when conducting such testing. CREAMMA requires the NJ-CRC to prescribe “standards in regulation for a [WIRE] certification, to be issued to full- or part-time employees, or others contracted to perform services on behalf of an employer, based on education and training in detecting and identifying an employee’s usage of, or impairment from, a cannabis item or other intoxicating substance, and for assisting in the investigation of workplace accidents.”
The NJ-CRC’s newly released interim guidance states that it “is intended to serve as guidance until the NJ-CRC formulates and approves standards for WIRE...
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