The CRC says that workers have the right to use marijuana on their off-time but adds that businesses also have the right to keep a drug-free workplace.
“Employers have the right to maintain a drug-free workplace…Employers may require an employee to undergo a drug test upon reasonable suspicion of an employee’s usage of cannabis or cannabis products…” the CRC wrote in its guidance.
It has been two months since recreational marijuana became legal for people 21 and older in New Jersey. The legalization is causing some concern and confusion for police departments regarding officers who use pot, then test positive down the line. Officers say there needs to be some sort of legislation to protect officers to show if they are under the influence in real time.
One measure (S2518), sponsored by Sen. Robert Singer (R-Ocean), would amend the state’s recreational marijuana law to ban cannabis consumption for any employee who operates heavy machinery or uses weapons, or whose use of cannabis would “put the public at risk.” That would include any workers who operate tractors, dump trucks, excavators, and bulldozers, plus law enforcement officers.
ASSEMBLY, No. 3914
STATE OF NEW JERSEY
220th LEGISLATURE
INTRODUCED MAY 2, 2022
Sponsored by:
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
SYNOPSIS
Permits law enforcement agencies to prohibit recreational use of cannabis items by law enforcement officers.
State Sen. Michael Testa, R-Vineland, addressed the acting attorney general on the enforcement of cannabis laws as they apply to off-duty police officers. Testa stated that the use of cannabis by off-duty police officers could put New Jersey at risk of losing federal grant funding.
Platkin responded that “the [New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act] statute is remarkably specific about what employers can do to employees in terms of adverse employment action in terms of regulated cannabis off duty.”
New Jersey lawmakers have introduced a series of bills meant to empower employers to punish workers—including law enforcement and other first responders specifically— from using marijuana off duty in compliance with state law.
The filing of the legislation comes amid a controversy over a document released by the state attorney general’s office last month that explained how New Jersey’s adult-use cannabis law currently allows police to use marijuana when they are not on the job.
In Arizona, police aren’t allowed to consume marijuana, recreationally or medicinally, so some of Jacobs’ former colleagues can’t partake like he can. Jacobs thinks more states should follow New Jersey’s lead. Acting Attorney General Matt Platkin reminded law enforcement chiefs recently that the New Jersey law allowing for recreational marijuana permits cops to consume it off duty.
More than 12,000 recreational cannabis customers bought products on April 21, the first day of legal sales in New Jersey. They spent just shy of $2 million, according to the state Cannabis Regulatory Commission. But several mayors and lawmakers are getting behind an effort to bar cannabis use for off-duty police officers.
But marijuana remains classified as a Schedule 1 prohibited drug under federal law. Because of that and because there is no way to determine in the field whether someone is impaired by marijuana, the Ocean County Board of Commissioners and Sheriff Michael G. Mastronardy say it should be banned for law enforcement.
"Marijuana when consumed stays in your system for 30 days," said John P. Kelly, director of the board of commissioners, "and there are no field tests to determine the level of marijuana intoxication."
The municipality's 120 employees have been notified that if they use marijuana it could lead to their termination, Mayor Keith Kazmark said.
"Regardless of this change in law, the Borough Council and I want to emphasize that all policies and procedures and rules and regulations applicable to the employees of the Borough of Woodland Park will remain the same," Kazmark said.