Cannabis Testing Employees - The Haze Continues: Part I

The New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act (Cannabis Law) provides that employees may be tested for cannabis in the following circumstances:

1. Upon reasonable suspicion of an employee's usage of a cannabis item while engaged in the performance of the employee's work responsibilities;
2. Upon finding any observable signs of intoxication, related to the usage of a cannabis item;
3. Following a work-related accident subject to investigation by the employer;
4. Randomly; and
5. As part of a pre-employment screening, or regular screening of current employees to determine use during an employee's prescribed work hours.

Additionally, the Cannabis Law contains restrictions regarding termination, providing that "an employee shall not be subject to any adverse action by an employer solely due to the presence of cannabinoid metabolites in the employee's bodily fluid. "Therefore, in order for an employer to take an