New Jersey legalized recreational marijuana for those 21 and older in early 2021 via “The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (CREAMM Act).

The act allows employers to test applicants and employees for marijuana as part of their pre-employment and regular screening of current employees.

It also allows for reasonable suspicion testing and testing for work-related accidents; however, the reasonable suspicion testing has an additional hurdle for employers.

In order for employers to use the reasonable suspicion testing, they need to employ an individual certified as a “Workplace Impairment Recognition Expert” (WIRE). Unfortunately, the training and educational requirements for a WIRE have not yet been finalized. So, what can employers do in the meantime?

New Jersey has released new guidance for employers and has provided a Reasonable Suspicion Observed Behavior Report that may be used in determining if an employee may be under the influence and may qualify for the reasonable suspicion testing.

While this guidance is a tool for New Jersey employers, it does also provide guidance for those in other states that may be helpful in determining if an employee may be under the influence at work.

For more information on Medical or Recreational Marijuana, and whether they affect your state, visit our resource guide at the Hire Image Resource Library.