NJ Cannabis Regulatory Commission Presses Pause on Physical Evaluation Requirement for Drug Testing

As we discussed in a previous alert, the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) brought new employment protections for job applicants and employees who lawfully use cannabis off-duty. In addition, CREAMMA preserved an employer’s right to conduct drug testing of its workforce, but added a new requirement: testing for suspected use of cannabis must be accompanied by a physical evaluation to determine the employee’s level of impairment while engaged in performing job duties, as conducted by an individual certified to opine on the employee’s state of impairment.

The employment protections under CREAMMA became enforceable as of August 19, 2021, when the New Jersey Cannabis Regulatory Commission (the Commission) issued its first set of Personal Use Cannabis Rules (N.J.A.C. 17:30). The Commission’s initial rules relate to the licensing of cannabis businesses (such as cultivators, manufacturers and retailers); address equity, safety and facilitating access to the market; and confirm municipalities’ legal authority to shape legalized cannabis use within their communities.

For the full alert, visit the Faegre Drinker website.