Cannabis Testing Employees - The Haze Continues: Part II

The first part of this two part blog discussed the circumstances under which employers may test and take adverse action against employees for cannabis use. These circumstances are spelled out in The New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act (Cannabis Law). However, employers who are subject to Department of Transportation regulations or a federal contract must consider additional laws and regulations in determining whether to test employees for cannabis and whether to take adverse action based on test results.

If the provisions of the Cannabis Law jeopardize an employer's obligations under Department of Transportation (DOT) regulations then the employer may test and take adverse actions against employees who have cannabis present in their systems, consistent with the terms of the employer's obligations under the DOT regulations. Employers who contract with the federal government should note that, although they are