New Jersey will protect workers from cannabis testing
Stamp out and light up, Garden State employees!
We all know that weed tests are fake, especially as a reason for termination of employment. New Jersey officials are finally establishing policies to protect employees from being wrongfully fired for firing in their free time.
Last week, the New Jersey Cannabis Regulatory Commission (CRC) approved temporary guidelines for workplace impairment guidelines that prohibit employers from firing employees simply because they test positive for cannabis on conventional drug tests.
From now on, employers must “document evidence/evidence of impairment in the workplace to support the use of a drug test to confirm reasonable suspicion”.
“A scientifically reliable objective test method that alone indicates the presence of cannabinoid metabolites in the employee’s bodily fluid is not sufficient to support an adverse employment action.”
Jeff Brown, CEO of NJ-CRC, on the public expression
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New Jersey has also begun developing a protocol for certifying “workplace impairment recognition experts” who can consult with companies to determine if employees show signs of impairment on the watch. Employers reserve the right to randomly test employees for drugs and maintain a drug-free workplace.
Employers can refer to a sample Reasonable Suspicion Observed Behavior Report form that lists many physical and behavioral symptoms indicative of intoxication, although these are not unique to cannabis.
Drug testing is bad for business
Drug tests can detect cannabis in urine and hair days and even weeks after the last puff. This means they can charge employees who have never used while on the job. In the past, workplace drug testing targeted black workers and justified their firing at higher rates than white employees.
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This layoff of workers also creates labor shortages that can affect national supply chains and operations. As David Bienenstock reported for Leafly, the Department of Transportation’s rigorous testing of long-distance drivers has decimated the workforce by tens of thousands.
The above forms and means of visual evidence of cannabis-related impairment also have shortcomings. Employees have appealed their wrongful termination on suspicion of cannabis use.
More and more states are rejecting positive tests
New Jersey joins a growing number of states with protective measures for employees who test positive for cannabis.
Although 19 states and DC have legalized adult use of cannabis and 37 have medical marijuana programs, most still allow drug testing for cannabis in the workplace. And positive results are still grounds for termination or expulsion from the job.
At the time of publication, New York, DC, Nevada, Connecticut, Washington, California and Virginia have implemented some level of protection for cannabis users and patients. But when you look at how many people are still risking losing their livelihood to something much safer than alcohol or opioids, it shows how far we still have to go.
Amelie Williams
New York-based freelance cannabis journalist Amelia Williams is a graduate of San Francisco State University’s journalism program and a former budtender. Williams has contributed to GreenState, MG Magazine, Culture Magazine and Cannabis Now, Kirkus Reviews and The Bold Italic of the San Francisco Chronicle.
Check out Amelia Williams’ articles
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