Employers have a vested interest in maintaining drug-free workplaces that keep workers and customers safe, but New Jersey laws that legalized medical and recreational cannabis have put business owners in a difficult spot. 

A recent study published in the Journal of the American Medical Association found a 10% increase in workplace injuries among employees under 35 in the two dozen states where recreational marijuana sales are legal. 

In New Jersey, employers have the legal right to require drug-tests, but they cannot base a hiring decision or take disciplinary action against a worker based on positive cannabis drug test alone.  The reason is because marijuana, unlike alcohol, remains detectable in a person’s system far longer than the period of impairment. 

So how does an employer know whether an employee who fails a cannabis drug test on a Monday was impaired on the job or only tested positive because they used cannabis over the weekend? Interim guidance from the state tells employers the worker must also be evaluated by someone who is trained to detect impairment before taking disciplinary action, but the state has never finalized rules on the certification requirements for these evaluators. 

To bring clarity to a confusing situation, NJBIA is gathering top legal and industry experts on May 14 to help employers learn what they must do to balance employee rights against their responsibility to keep their businesses, workforce and customers safe. The Second Act of Cannabis will take place from 8:30 a.m. to 12 p.m. at the Pines Manor in Edison.  

The event will explore the HR impacts and liability issues that cannabis legalization has created for New Jersey employers, as well as the proactive measures businesses can take to minimize their risk. Panel discussions include: 

• Cannabis Market Trends Impacting New Jersey Businesses. Moderated by attorney William J. Caruso, partner at Archer and Greiner P.C. and chairman of the law firm’s Cannabis Group, this panel discussion will include attorney Fruqan Mouzon, a Fox Rothschild partner whose practice is focused cannabis law, litigation and regulatory compliance. Precious Osagie-Erese, an instructor/manager at the New Jersey Department of State’s Cannabis Training Academy is also a panelist for this discussion. 
• Navigating the Regulatory Maze – Compliance in an Evolving Industry. Presented by Tauhid Chappell, executive director of the New Jersey Department of State’s Cannabis Training Academy, and Stacey Udell, principal at the HBK Business Valuation, Litigation Support and Forensics Group, a specialized entity providing business valuations, expert testimony and investigations. 
• Balancing the Highs – Employee Policies and Workplace Practices in a Cannabis-Legal World. This discussion features James Coyle, co-founder of Advanced Training Products, a company specializing in workplace impairment training and solutions; Mark Valentine, a senior risk consultant for AON Global Risk Consulting; and Douglas Diaz, a partner at Archer and Greiner PC. 

For registration and sponsorship information for this NJBIA event, go here. 

Advanced Training Products, AON Global Risk Consultating, Archer and Greiner PC, JAMA, Legalized Cannabis, NJ Cannabis Training Academy

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