New Jersey’s 2021 adult-use cannabis law specified that employers are not allowed to fire workers or suspend them based solely on a positive blood test.

That’s good for workers, who can now buy recreational weed at 19 stores in the state, because blood tests for cannabis can be positive even weeks after a person used the drug.

“Cannabis is legal here in New Jersey, so it’s important to make sure that people aren’t facing adverse actions at work for engaging in what is permissible under state law,” said Ami Kachalia, a campaign strategist for the American Civil Liberties Union of New Jersey.

But employers have been in limbo because the Cannabis Regulatory Commission hasn’t completed the regulations on how employers are supposed to detect cannabis impairment at work under the new law.

The cannabis commission took an interim step on Friday, when it issued guidance on how employers can use physical and behavioral factors, such as glassy eyes, agitated or insulting speech, or excessive yawning, to determine if an employee is impaired from cannabis use while working.

Friday’s document gives employers a path to “fairly assess impairment on the job,” said Kathleen O’Malley, a partner in Duane Morris LLP’ Cherry Hill office who specializes in employment law.

But the commissions still has not issued those regulations that are supposed to establish specific criteria for certifying what are called Workplace Impairment Recognition Experts, ore WIREs. That person can be on staff or work...

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