Next month, the Cannabis Regulatory Commission will roll out rules and regulations to govern the cannabis industry in New Jersey.
Although medicinal marijuana has been legal for more than a decade, New Jersey adults gained the right to use recreational marijuana last year by voter referendum.
Prior to the adoption of this law, known as the Cannabis Act, the drug was largely illegal and more easily regulated in the workplace.
The need for this zero-tolerance testing is especially important in safety sensitive occupations.
While the Cannabis Act pays lip service to allowing employers to maintain drug-free workplaces and does allow employers to ban the use of cannabis while on the job, it significantly limits the ability of an employer to enforce those restrictions.
In other words, when deciding between the rights of an employee to consume cannabis and the need to protect other employees or the public from harm, we argued for the latter.
In place of zero-tolerance testing policies, the Cannabis Act specifically prohibits an employer from disciplining an employee solely due to a positive drug test.
NJBIA is also working with the CRC to adopt regulations that allow zero-tolerance testing where mandated by federal law or when part of a collective bargaining agreement.
NJBIA recognizes the will of the people to legalize the recreational use of cannabis and we welcome the flourishing of a new industry in the state.