The New Jersey Cannabis Regulatory Commission recently issued interim guidance on the workplace drug testing provisions of the state’s recreational cannabis law meant to act as a placeholder until regulations on the standards for Workplace Impairment Recognition Expert certification are published.
The guidance allows employers to continue to use existing policies/processes for drug testing, reaffirms that the use of a Workplace Impairment Recognition Expert (WIRE) is not yet required, and offers suggestions on how to create evidence-based documentation of physical signs or other evidence of impairment during work hours, including a sample Reasonable Suspicion Observation Report.
The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (NJCREAMMA), which went into law in February 2021, requires that drug tests include “scientifically reliable objective testing methods and procedures, such as testing of blood, urine, or saliva” and a “physical evaluation,” which must be conducted by a “Workplace Impairment Recognition Expert.”[1] The law requires the New Jersey Cannabis Regulatory Commission(NJCRC) to issue regulations establishing certification standards for WIREs, but none have been issued to date.
On September 21, 2021, the NJCRC issued initial regulations to implement NJCREAMMA, but those regulations largely left the employment-related provisions of the law unaddressed. Those regulations did, however, provide that...
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