Tag: Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act

New Jersey Cannabis Testing Laws Have You Confused? Here Is What Employers Need to Know About CREAMMA Marijuana is now legal for recreational purposes in New Jersey, so the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) has announced the rules and regulations regarding its recreational use. Though marijuana is still a Schedule 1 drug under federal law, New Jersey permits marijuana use that follows CREAMMA regulations. Employers must also keep an eye on the law, as it explains employment protections for employees who use cannabis recreationally. For example, employers cannot discharge, refuse to hire, and take adverse action against employees over their use of marijuana. CREAMMA explicitly bans such actions against an employee's terms, compensation, privileges, and general employment. Additionally, employers in New Jersey cannot make any employment decisions based on marijuana-related criminal history. Drug Testing Employers are still allowed to conduct workplace drug testing as long as they comply with state laws. However, employers may not take any adverse employment decisions based on an employee testing positive for THC, the primary psychoactive compound in cannabis. Employers must disregard any positive results for marijuana. There are exceptions to this rule, however. For example, federal contractors who prove that following this law would harm the business due to federal contract requirements may do what is necessary to maintain the contract within reason. Also, employers who find employees either using marijuana or under the influence on the job may do the same. However, an employer cannot confirm that the employee is under the influence of marijuana through a drug test alone. Instead, the employer's test must use scientifically reliable objective testing methods, including urine, saliva, or blood. According to CREAMMA, employers will also need a physical evaluation conducted by a certified professional. CREAMMA must issue this certification, which an employer or their employees may obtain in the future. Currently, WIRE-certified physical evaluations remain delayed. For now, employers should document any objective, articulable signs of an employer working under the influence of marijuana. Such symptoms include, but are not limited to, bloodshot eyes, impaired reasoning, the odor of marijuana, sudden mood changes, sleeping at work, lack of ability to concentrate, decreased productivity, and increased tardiness and absenteeism. Before taking adverse employment action, employers must consult with an attorney, ensuring they comply with the law. Final Thoughts Employers should remember that they can continue to have a drug-free workplace. Despite the ever-changing laws, employers can still maintain a drug-free workplace. Employers are not required to permit employees to possess or use marijuana on the work premise and are not required to accommodate workers impaired by cannabis during work hours. They need only to ensure drug policies and screening programs comply with CREAMMA. Stay updated on all the new rules of compliance with Pre-employ’s free news resources on FCRA, EEOC, and more. Contact a Sales Rep today for more information. Source

Tag: Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act

New Jersey Cannabis Testing Laws Have You Confused? Here Is What Employers Need to Know About CREAMMA

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