High Stakes: Navigating the Hazy World of Cannabis Legalization in the New Jersey Workplace

• In Event: Innovative Approaches and Evaluations to Improving Health among Justice-involved Persons

Abstract

The legalization of cannabis in New Jersey has introduced challenges for both employers and employees, particularly regarding workplace safety and impairment detection. Mandated by the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), employers must certify Workplace Impairment Recognition Experts (WIREs) to address cannabis usage or impairment among employees during work hours. However, as of now, only interim guidance for detecting and documenting workplace impairment has been provided by the New Jersey Cannabis Regulatory Commission. This presentation examines the complexities of implementing WIRE certification and its impact on employers and employees alike. We explore potential hurdles employers may face in meeting certification requirements, assessing impairment, and maintaining workplace safety while respecting employee rights. Our discussion encompasses various themes, including understanding CREAMMA's provisions and their implications for workplace policies. We also address the delicate balance between workplace safety and employee rights, including safeguards against taking adverse actions solely based on cannabis presence in body fluids. Additionally, we provide insights for implementing impairment recognition protocols, documenting instances of impairment, and ensuring legal compliance. Finally, we offer practical guidance for navigating the landscape of cannabis legalization in New Jersey workplaces.

Authors

• Evan Sorg, Rowan University

• Kimberly Houser, Rowan University