State of New Jersey Issues Guidance Regarding WIRE
Special Announcement to all New Jersey employers:
The New Jersey Cannabis Regulatory Commission has issued interim guidance for employers regarding the use of a Workplace Impairment Recognition Expert (WIRE) to “detect and identify an employee’s usage of, or impairment from, a cannabis item or other intoxicating substance.” In addition, the commission also released a template “Reasonable Suspicion Observed Behavior Report” form that employers may, but are not required to, use in connection with workplace drug testing.
In February 2021, NJ passed the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, which legalized the recreational use of marijuana in New Jersey. Among other things, the Act prohibits an employer from taking adverse action against an individual solely because that person does (or does not) use marijuana recreationally. Additionally, it imposes on an employer the obligation to conduct a physical evaluation of an individual along with any drug test and calls for employers to use certified experts to make decisions about an individual’s usage of, or impairment from, marijuana when employers conduct such testing.
The Commission’s interim guidance states that it “is intended to serve as guidance until the NJ-CRC formulates and approves standards for WIRE certifications.”
The interim guidance and Reasonable Suspicion Observed Behavior Report template can be found here:
https://www.nj.gov/cannabis/about/news-events/approved/20220907.shtml
This law will require a review of the hiring process in place and may require changes to that process.
Justifacts recommends that you consult with your legal department to determine what changes, if any, need to be made to your hiring process in order to comply with this law.
It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.