New Jersey: Physical Examination with Drug Testing Put on Hold

Applies to:          All Employers with NJ Employees

Effective:             August 19, 2021

The New Jersey Cannabis Commission published its Initial Rules for Personal Use of Cannabis, addressing issues for adult use of recreational cannabis. The Initial Rules address at least one employer concern regarding drug testing.

Previously, the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) included a provision that required any employer-sponsored drug testing of employees or applicants to include a “physical examination.” The physical examination must be conducted by a person certified to recognize drug impairment, with the New Jersey Cannabis Commission developing a certification program to train and certify individuals to conduct such evaluations.

The Initial Rules have put the physical examination component of employer drug testing on hold.  The Rules indicate that until the Commission has developed standards for the certification program, no physical evaluation of an employee undergoing drug testing will be required.

Action Items

1. Review the Initial Rule here.
2. Have drug testing procedures reviewed consistent with the current rules.
3. Subscribers can call our HR Hotline at (833) 268-5531 for further assistance.