New Jersey
Information provided is current as of February 1, 2024, and companies are encouraged to consult with legal counsel on these types of complex matters.
Cannabis Legalization History
New Jersey adults 21+ can possess up to 6 ounces of cannabis and purchase up to 1 ounce from licensed retailers. Cultivation allowed for medical patients with up to 6 plants with a special permit.
New Jersey currently prohibits public cannabis use and consumption, requiring it to occur on private property or licensed consumption areas.
State Regulatory Agency Information
State Testing Policy
New Jersey employers generally retain the right to test based on specific situations. Common reasons include pre-employment screening for safety-sensitive positions, reasonable suspicion of impairment on the job, post-accident investigations, or adherence to federal regulations.
Remember, establishing robust documentation is a key risk mitigant for employers in states like New Jersey.
For workers in critical infrastructure facilities or construction sites where potential harm to others from impairment is exceptionally high, commission approval is necessary. The same applies to employees directly servicing public utilities, federally mandated positions as well as restrictions for law enforcement officers whose duties require firearm possession.
Recommended Procedures
It is always recommended to have standardized documentation and training procedures and regular employee evaluations to set clear performance expectations.
New Jersey doesn't enforce a mandatory drug-free workplace policy for private employers but rather recommends program aspects as outlined in the state employee policy.
