In light of the legalization of cannabis, many New Jersey employers wonder whether they can still drug test their employees. The answer is yes, under the following circumstances:
- Upon reasonable suspicion of an employees usage of a cannabis item while engaged in the performance of the employees work responsibilities;
- Upon finding any observable signs of intoxication, related to the usage of a cannabis item;
- Following a work-related accident subject to investigation by the employer;
- Randomly; and
- As part of a pre-employment screening, or regular screening of current employees to determine use during an employees prescribed work hours.
Notwithstanding this, employers need to recognize that the New Jersey statute legalizing marijuana provides that “No employer shall refuse to hire or employ any person or shall discharge from employment or take any adverse action against any employee with respect to compensation, terms, conditions, or other privileges of employment because that person does or does not smoke, vape, aerosolize or otherwise use cannabis items, and an employee shall not be subject to any adverse action by an employer solely due to the presence of cannabinoid metabolites in the employees bodily fluid from engaging in conduct permitted under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.”