How Will Employers Handle the Legalization of Marijuana in the Workplace?

Date: December 16, 2020

Cannabis Legislation Implementing Legalization to be voted on Monday

Voters passed a measure that would allow the sale of recreational marijuana in New Jersey in the last election. Now a bill to implement that by setting up the legal framework, S-2101/A-1897, is scheduled and likely to pass both houses of the New Jersey legislature next week. NFIB has worked diligently to make sure employers aren’t caught in a difficult legal position if they want to set a specific drug policy at their business. Here is how the bill is structured:

Amendments added to the bill before passage strengthen an employer’s rights to keep a drug-free workplace. The final bill states employers would maintain their right to drug test employees as a condition of hiring and for causes such as an employee showing up to work who appears under the influence.

If the employer finds cause, an employee drug test must be accompanied by a physical examination to determine if the employee is actually intoxicated during work hours. Drug tests cannot accurately determine when a person is intoxicated because the psychoactive component of marijuana stays in the body for weeks. More detail will come when specific regulations are drafted.

If a business has a federal contract or is subject to federal oversight, they can resume standardized drug testing.

 

Related Content: Small Business News | New Jersey

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