he New Jersey Cannabis Regulatory Commission (NJ-CRC) announced the workplace guidelines during a meeting on Friday, joining several other states that have implemented specific protections for people who use marijuana in compliance with state law.
These are interim policies that will be in effect as the commission “formulates and approves standards” for “Workplace Impairment Recognition Expert” (WIRE) certifications. After that point, employers may have more options available to them beyond subjective observations or traditional drug tests that detect inactive THC metabolites, which can stay in a person’s system for days or weeks after consumption.
“Although tests are improving in accuracy there is no perfect test for detecting present cannabis impairment,” NJ-CRC Executive Director Jeff Brown wrote in the new two-page guidance document. “Therefore, best practice has been for employers to establish evidence-based protocols for documenting observed behavior and physical signs of impairment to develop reasonable suspicion, and then to utilize a drug test to verify whether or not an individual has used an impairing substance in recent history.”