New Jersey Cannabis Legalization Imposes New Burdens on Employers
New Rules for Drug Testing
Employers may continue to maintain drug-free workplaces, including prohibiting the possession and consumption of cannabis as well as intoxication during work hours. But an employer may only require an employee to undergo a “drug test” if:
(i) the employer reasonably suspects the employee’s usage of a cannabis item while engaged in the performance of the employee’s work responsibilities;
(ii) there are observable signs of intoxication related to usage of a cannabis item;