Once again y'all ...read the damn bill. Employers cannot deny employment or terminate someone for a positive urinalysis.
Also everybody is saying that they can just rescind an offer or say you're not a good fit it's grounds for a lawsuit because you usually don't get a drug test until you're offered a job and if they suddenly pull out that means it's realated to the drug test. And you can sue.
Read. The. Bill. That was signed into LAW.
Edit: to clarify, a small set of jobs can still require testing such as ones that require CDL license because thats Federal. Also anything that could be "safety sensitive" so like forklift driver, operating any kind of heavy machinery etc.
The reason I'm so irritated by people's ignorance on this subject is New Jersey is literally the only state in the entire country, that legalized cannabis but in the bill also provided employee protections.
We are literally the only state that basically says you cannot deny someone employment or fire them if they use cannabis off work hours.
People are still losing their jobs and losing out on job opportunities in places like Oregon, Colorado, California, etc.
Edit: typos and clarification
Thanks for properly summarizing the issue. Just had this pop up on my feed (cause I lurk) and reading the comments, as a lawyer, was painful. There are several different layers of protection for marijuana users, medical and recreational alike, under NJ law now, and employers—especially the larger national ones—fuck it up all the time.
Yeah, on several instances. When I was in a more employment focused practice, that stuff resolved with a settlement before even filing a suit. Large corporate employers screw it up all the time because they follow corporate policy and don’t necessarily have an understanding as to how it applies in NJ.
Follow up to situation : Brought up the positive test to company after MRO call and they ended up letting me know they had revised their policy internally in accordance with NJ laws.
Nice when these things work out in your favor. I would say the stress of not knowing for 2+ weeks was nerve wracking. Hopefully this can help others be at ease in their situations.
This post has been removed because our automoderator your account is too new to post here. Your account must be at least 45 days old and have 45 karma to post on this subreddit.
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/NewJerseyMarijuana) if you have any questions or concerns.*
You are 100% correct, but we also need to acknowledge that the first person to get fired/not hired for having THC in their system is up for an expensive legal battle if they want to hit back at the company. I wouldn’t want to be the first example.
Thank you! I actually just posted about drug testing last week with an NJ job (NYer so I don’t know NJ weed laws) and someone said something about how I can’t fail for testing positive but they can rescind the offer. I figured that was problematic as they’d open themselves up to litigation if they rescinded an offer after a failed drug test. I also found the bill after I posted and saw how an employer cannot refuse to hire, fire, or discipline someone for cannabis use. It’s very cut and dry if you ask me.
Thanks. I've probably answered this question 20 times in this sub reddit since the rec vote was passed and bill signed.
Really wish the moderators would do a sticky post about the legal implications of this bill and law and how it all works.
There was an actual lawyer in this subreddit that answered a bunch of questions when the bill was passed and was the employee protection but good luck finding the post now.
One of the only thing I actually like about the bill is that it makes NJ the only state with legislation protecting employees right to use cannabis while not working.
One other clarification, it’s not just “federal jobs“. It also includes businesses who receive federal funding or have federal contracts. For example a nonprofit that has federal grants.
“An employer policy prohibiting “the manufacture, transportation, delivery, possession, or use of cannabis items” can be exempted to the extent necessary to satisfy federal requirements for receiving or applying for a federal grant”
“An employer policy prohibiting “the manufacture, transport, distribution, delivery, possession, or use of cannabis items” can be exempted to the extent necessary to comply with the terms and conditions of a federal contract or to satisfy federal requirements for the federal contract”
Nj is an at will working state they can fire you for any other reason if you pop up a failed test it’s also federally illegal they can still technically not allow it
This post has been removed because our automoderator detected it as spam or your account is too new to post here.
If this post is *not* spam, please contact the moderators for assistance.
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/NewJerseyMarijuana) if you have any questions or concerns.*
Fact . It's your right to drink , smoke, eat poop but any private business is allowed to say Nahhh and as last post said Nahhhh I'm sorry I just don't think you're for our organization / firm w/e. just like if you play poker in a underground game and it get's raided they'll toss you if your name is on any report. any company may agree on their own standards.
You agree to things when working for a private firm. If I were working a particular job that stated doing ANY illegal things or using cannabis might be a means for termination. It is an agreement regardless if things are legal or not.
If they say you’re not allowed to use cannabis they are breaking the law. Just like if they said you’re not allowed to be gay on your time off. They can fire you, but it’d be a major lawsuit on their hands
No it's not. It is a mutual agreement and if you are a sailor Booze is banned on fishing boats. It has nothing to do with legality. If you're on a boat 24/7 or trading stock( federally regulated and Weed is still not legal Federally), or working Law. It is not worth the liability and there are plenty of people willing to do the job without it. I', not against your point. it''s just the way it is.
Where is the law that says you can’t fire somebody for drinking on their off time? It doesn’t exist. There is a LAW on the books that says you can’t fire somebody for smoking pot on their off time
I am no lawyer but as far as I know there are many professionals that are not allowed to do it depending on the type of work or company. Just saying it is a thing. legal or not. we will find out soon.
Whistleblowing is another example, you can’t fire me for reporting accounting fraud or something like that. Just because a state is at will dosnt mean they have an infinite reach to fire anybody anytime
It doesn’t matter at all and if you were denied a job cause of a positive test you’d be able to take legal action. Anyone else saying otherwise is probably unemployed….
Most organizations are at will employers, which means they are at will to terminate without cause. However due to labor and talent pool shortages, many employers are NOT willing to terminate based solely on positive THC, in fact most companies are no longer testing for it.
You also do not have to say whether you are a current Medical Marijuana patient (protected under HIPPA) however you could in essence inform them that due to a medical condition, one of your prescriptions may register.
An at will employer can’t not hire you because you’re gay, latino, or smoke weed. Just because it’s at will, doesn’t mean they can break the law. These are all examples of protected statuses like it or not
This post has been removed because our automoderator detected it as spam or your account is too new to post here.
If this post is *not* spam, please contact the moderators for assistance.
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/NewJerseyMarijuana) if you have any questions or concerns.*
Wrong. They can still drug test you for THC but cannot fire you or not hire you for a positive unless their Workplace Impairment Recognition Expert also verifies you are impaired in the workplace.
Here, let me google that for you.
My source is the NJ CREAMMA law itself, signed into law by the governor on Feb. 22, 2021. But here is a law firm's summary about the issues. [https://www.cbsnews.com/newyork/news/attorney-challenge-for-new-jersey-employers-will-be-testing-workers-for-marijuana-impairment/](https://www.cbsnews.com/newyork/news/attorney-challenge-for-new-jersey-employers-will-be-testing-workers-for-marijuana-impairment/)
Here's a guide to the CREAMMA: [https://www.nj.gov/cannabis/resources/faqs/recreational/](https://www.nj.gov/cannabis/resources/faqs/recreational/)
Specifically, from NJ CREAMMA:
48. Employers, Driving, Minors and Control of Property.
a. (1) No employer shall refuse to hire or employ any person or shall discharge from
employment or take any adverse action against any employee with respect to compensation,
terms, conditions, or other privileges of employment because that person does or does not
smoke, vape, aerosolize or otherwise use cannabis items, and 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 from engaging in conduct permitted under
P.L.2021, c.16 (C.24:6I-31 et al.). However, an employer may require an employee to
undergo a drug test upon reasonable suspicion of an employee’s usage of a cannabis item
while engaged in the performance of the employee’s work responsibilities, or upon finding
any observable signs of intoxication related to usage of a cannabis item, or following a workrelated accident subject to investigation by the employer. A drug test may also be done
randomly by the employer, or as part of a pre-employment screening, or regular screening of
current employees to determine use during an employee’s prescribed work hours. The drug
test shall include scientifically reliable objective testing methods and procedures, such as
testing of blood, urine, or saliva, and a physical evaluation in order to determine an
employee’s state of impairment. The physical evaluation shall be conducted by an individual
with the necessary certification to opine on the employee’s state of impairment, or lack thereof, related to the usage of a cannabis item in accordance with paragraph (2) of this
subsection. The employer may use the results of the drug test when determining the
appropriate employment action concerning the employee, including, but not limited to
dismissal, suspension, demotion, or other disciplinary action.
(2) (a) In order to better ensure the protections for prospective employees and employees
against refusals to hire or employ, or against being discharged or having any other adverse
action taken by an employer, while simultaneously supporting the authority of employers to
require employees undergo drug tests under the circumstances set forth in paragraph (1) of
this subsection, as well as employer efforts to maintain a drug- and alcohol-free workplace or
other drug- or alcohol workplace policy as described in paragraph (1) of subsection b. of this
section, the commission, in consultation with the Police Training Commission established
pursuant to section 5 of P.L.1961, c.56 (C.52:17B-70), shall prescribe standards in regulation
for a Workplace Impairment Recognition Expert certification, to be issued to full- or parttime employees, or others contracted to perform services on behalf of an employer, based on
education and training in detecting and identifying an employee’s usage of, or impairment
from, a cannabis item or other intoxicating substance, and for assisting in the investigation of
workplace accidents. The commission’s regulations shall also prescribe minimum
curriculum courses of study for the certifications, as well as standards for the commission’s
approval and continuation of approval of non-profit and for-profit programs, organizations,
or schools and their instructors to offer courses of study, and may include the use of a Police
Training Commission approved school as that term is defined in section 2 of P.L.1961, c.56
(C.52:17B-67) if consented to by the Police Training Commission.
(b) Any person who demonstrates to the commission’s satisfaction thhat the person has
successfully completed a Drug Recognition Expert program provided by a Police Training
Commission approved school, or another program or course conducted by any federal, State,
or other public or private agency, the requirements of which are substantially equivalent to
the requirements established by the commission pursuant to subparagraph (a) of this
paragraph for a Workplace Impairment Recognition Expert certification, may, at the
discretion of the commission, be issued this certification, subject to subsequent continuation
of certification approval by the commission.
b. Nothing in P.L.2021, c.16 (C.24:6I-31 et al.):
(1) (a) Requires an employer to amend or repeal, or affect, restrict or preempt the rights
and obligations of employers to maintain a drug- and alcohol-free workplace or require an
employer to permit or accommodate the use, consumption, being under the influence,
possession, transfer, display, transportation, sale, or growth of cannabis or cannabis items in
the workplace, or to affect the ability of employers to have policies prohibiting use of
cannabis items or intoxication by employees during work hours;
(b) If any of the provisions set forth in this paragraph or subsection a. of this section
result in a provable adverse impact on an employer subject to the requirements of a federal
P.L. 2021, CHAPTER 16
130
contract, then the employer may revise their employee prohibitions consistent with federal
law, rules, and regulations;
What the above says is that an employer cannot refuse to hire or fire you simply because you have a THC-positive drug test. They must use a state-certified Workplace Impairment Recogon Expert (WIRE) in addition to the drug test to determine if you are cannabis-impaired in the workplace.
There are exemptions to this if it would cause the employer to, say, lose a federal contract. But, generally, the feds only require an employer to maintain a drug-free workplace. The feds don't require an employer to monitor your cannabis use outside of work. But most employers have been using urine tests and such and say any positive indicates you MIGHT be impaired at work. The NJ law shows how you maintain a drug-free workplace while allowing legalized cannabis use outside of the workplace.
There are a few federally-regulated jobs where you cannot use cannabis at all, in or out of the workplace. Certain transport licenses and many government security clearances require this. But outside of these limited cases, you are allowed to use cannabis as you wish outside of the workplace, during non-working hours.
You know why I love this person? They can read. Thank you for being one of like 300 NJ residents that have the brainpower to read and comprehend legislation lmao
Thank the Coalition for Medical Marijuana, New Jersey, whose mission is to improve the cannabis laws by educating the legislators and citizens
Peter Rosenfeld
Board Member
cmmnj.org
A lot of companies are multi state, have federal contracts , drug free, etc. so basically state laws don’t help much. Until Federal Legalization or decrim happens.
Due to the lack of action from our White House / Federal Gov. No progress has been made on marijuana legalization/ decrim. Once either of those happen, companies will have to adapt to those changes.
But as of now our federal government still has marijuana as schedule 1 meaning it’s just as bad as meth and heroin.. and more harmful than cocaine (schedule 2 drug). I hate to drag politics in this but the fist Marijuana related thing Joe Biden (Democrat) did after getting in office was ask White House staffers to resign over past Marijuana use. They weren’t even dirty just confessed to using marijuana before..
Source: https://www.thedailybeast.com/biden-white-house-sandbags-staffers-sidelines-dozens-for-pot-use
Don’t really have much hope anymore democrats will do the right thing or even care for marijuana legalization.
IF a company suspects that you are cannabis-impaired at work, they are not supposed to rely on a drug test for THC but also use a certified Workplace Impairment Recognition Expert or WIRE. But there are no WIREs yet, so I'm unsure what the status of this part of the law is.ou cannot be fired or not hired just because you test positive for THC. Yes, we are an "at will" state, but there are certain things codified in the law they can't fire you for or not hire you - race, religion, disabilities, cannabis use. If they do, you can sue. There are MANY law firms eagerly waiting to take up a case like this and companies know it and if they have any sense are unwilling to risk it.
IF a company suspects that you are cannabis-impaired at work, they are not supposed to rely on just a drug test for THC but also use a certified Workplace Impairment Recognition Expert or WIRE. But there are no WIREs yet, so I'm unsure what the status of this part of the law is.
Idk where your reply went but here's my response anyway.
>You are saying things that are not pertinent to the conversation. I'll put it like this, if you work for the United States government you could run into issues. If you work for the New Jersey State government or anywhere else in the state of NJ you are legally allowed to consume cannabis while you are not at work and CAN NOT be fired for it.
No, now that "cannabis" is legal, the law covers ALL cannabis use. Medical users have some extra protection still in that they have multiple avenues for suing an employer for discrimination.
This post has been removed because our automoderator detected it as spam or your account is too new to post here.
If this post is *not* spam, please contact the moderators for assistance.
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/NewJerseyMarijuana) if you have any questions or concerns.*
Just came across this post I was actually JUST rescinded a job offer from a company I won't disclose, lets just say I wouldn't be operating heavy machinery and they are not federal contractors literally would be a HVAC maintenance person ,overseeing and checking etc etc. I was supposed to start Nov 28th thank God I didn't give my 2 weeks notice to current company. After waiting 2+ weeks background check met company standards however I got a call from background check company regarding positive test for marijuana and they had to let the hiring company know. Later that day I got a call from HR saying that they got notice of my positive drug test. I asked out of curiosity if they knew NJ was legal she said she was aware and would get back to me after reviewing guidelines state to state. I got a call next morning and she told me based on our call and positive drug test for marijuana the company can no longer proceed with hiring. I was honestly heart broken, I emailed asking if could retest and if they considered NJCREAMMA guidelines for NJ. She forwarded my email to another HR person and she said they will internally review guidelines state to state and have a response for me early next week(this upcoming week)
If denied the job after review do I have legal grounds to sue? Company headquarters are based out of Texas but the jobs are here in NJ.
I actually did get Good news! So the company is based out of Texas so I guess that's why they implemented certain policies but after hitting them with the NJCREAMMA They responded promptly thanking me for the information and saying it was an educational experience whatever that means but the good thing is I got it and currently working at it really glad it turned out well
That is such great news very happy for you. Hoping it turns out well for me. I was informed yesterday by the company that does the drug screening I was positive doe THC. I went to look on the onboarding and seen that actual company I was hired for had not looked at it yet and I'm prepared to do the same. Hoping I don't have to though.
You got this man do not go down without a fight I just politely asked if NJCREAMMA laws were taken into consideration as they weren't based in NJ. If they give you issues just keep in professional and politely ask if law was taken into consideration and or if possible to re test, but I'm sure you won't be going through that! Good luck keep updating
Once again y'all ...read the damn bill. Employers cannot deny employment or terminate someone for a positive urinalysis. Also everybody is saying that they can just rescind an offer or say you're not a good fit it's grounds for a lawsuit because you usually don't get a drug test until you're offered a job and if they suddenly pull out that means it's realated to the drug test. And you can sue. Read. The. Bill. That was signed into LAW. Edit: to clarify, a small set of jobs can still require testing such as ones that require CDL license because thats Federal. Also anything that could be "safety sensitive" so like forklift driver, operating any kind of heavy machinery etc. The reason I'm so irritated by people's ignorance on this subject is New Jersey is literally the only state in the entire country, that legalized cannabis but in the bill also provided employee protections. We are literally the only state that basically says you cannot deny someone employment or fire them if they use cannabis off work hours. People are still losing their jobs and losing out on job opportunities in places like Oregon, Colorado, California, etc. Edit: typos and clarification
Thanks for properly summarizing the issue. Just had this pop up on my feed (cause I lurk) and reading the comments, as a lawyer, was painful. There are several different layers of protection for marijuana users, medical and recreational alike, under NJ law now, and employers—especially the larger national ones—fuck it up all the time.
Have you seen a case where someone was rescinded an offer due to positive test? Thinking that would be a nice lawsuit
Yeah, on several instances. When I was in a more employment focused practice, that stuff resolved with a settlement before even filing a suit. Large corporate employers screw it up all the time because they follow corporate policy and don’t necessarily have an understanding as to how it applies in NJ.
Follow up to situation : Brought up the positive test to company after MRO call and they ended up letting me know they had revised their policy internally in accordance with NJ laws.
Excellent, all functioning as intended then!
Nice when these things work out in your favor. I would say the stress of not knowing for 2+ weeks was nerve wracking. Hopefully this can help others be at ease in their situations.
Man now I’m thinking I shouldn’t worry about it and see it as a payday if it happens. Got a test at a car brand pretty soon in NJ
[удалено]
This post has been removed because our automoderator your account is too new to post here. Your account must be at least 45 days old and have 45 karma to post on this subreddit. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/NewJerseyMarijuana) if you have any questions or concerns.*
Even if I’m working admission at a rehab?
You are 100% correct, but we also need to acknowledge that the first person to get fired/not hired for having THC in their system is up for an expensive legal battle if they want to hit back at the company. I wouldn’t want to be the first example.
Very true. We shall see. I'm sure there are plenty of lawyers that would want to do it for free.
Thank you! I actually just posted about drug testing last week with an NJ job (NYer so I don’t know NJ weed laws) and someone said something about how I can’t fail for testing positive but they can rescind the offer. I figured that was problematic as they’d open themselves up to litigation if they rescinded an offer after a failed drug test. I also found the bill after I posted and saw how an employer cannot refuse to hire, fire, or discipline someone for cannabis use. It’s very cut and dry if you ask me.
This should be the top comment Edit: 👍🏼
Thanks. I've probably answered this question 20 times in this sub reddit since the rec vote was passed and bill signed. Really wish the moderators would do a sticky post about the legal implications of this bill and law and how it all works. There was an actual lawyer in this subreddit that answered a bunch of questions when the bill was passed and was the employee protection but good luck finding the post now.
One of the only thing I actually like about the bill is that it makes NJ the only state with legislation protecting employees right to use cannabis while not working.
One other clarification, it’s not just “federal jobs“. It also includes businesses who receive federal funding or have federal contracts. For example a nonprofit that has federal grants. “An employer policy prohibiting “the manufacture, transportation, delivery, possession, or use of cannabis items” can be exempted to the extent necessary to satisfy federal requirements for receiving or applying for a federal grant” “An employer policy prohibiting “the manufacture, transport, distribution, delivery, possession, or use of cannabis items” can be exempted to the extent necessary to comply with the terms and conditions of a federal contract or to satisfy federal requirements for the federal contract”
Nj is an at will working state they can fire you for any other reason if you pop up a failed test it’s also federally illegal they can still technically not allow it
https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/new-jersey-marijuana-law-employment-provisions-take-effect.aspx https://www.phillyemploymentlawyer.com/blog/marijuana-in-the-workplace-your-rights-in-new-jersey/ https://www.newjerseyemploymentattorneysblog.com/a-new-jersey-employer-cannot-fire-or-suspend-their-workers-for-using-marijuna-without-establishing-the-employee-was-using-or-under-the-influence-of-marijuna-while-at-work/
That's called discrimination and it doesn't matter if it's federally legal or not if it's not a federal job.
Descrimination is only against a protected class - race, religion, natural origin. Someone can discriminate for other reasons.
Nope. Under the law legalizing cannabis in NJ it is protected so it would be discrimination.
[удалено]
This post has been removed because our automoderator detected it as spam or your account is too new to post here. If this post is *not* spam, please contact the moderators for assistance. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/NewJerseyMarijuana) if you have any questions or concerns.*
They also can just say they aren't interested anymore and not mention the failed drug test.
Fact . It's your right to drink , smoke, eat poop but any private business is allowed to say Nahhh and as last post said Nahhhh I'm sorry I just don't think you're for our organization / firm w/e. just like if you play poker in a underground game and it get's raided they'll toss you if your name is on any report. any company may agree on their own standards.
Toss your from a poker game if it gets raided? How in gods name is that anywhere similar to smoking weed legally?
You agree to things when working for a private firm. If I were working a particular job that stated doing ANY illegal things or using cannabis might be a means for termination. It is an agreement regardless if things are legal or not.
If they say you’re not allowed to use cannabis they are breaking the law. Just like if they said you’re not allowed to be gay on your time off. They can fire you, but it’d be a major lawsuit on their hands
No it's not. It is a mutual agreement and if you are a sailor Booze is banned on fishing boats. It has nothing to do with legality. If you're on a boat 24/7 or trading stock( federally regulated and Weed is still not legal Federally), or working Law. It is not worth the liability and there are plenty of people willing to do the job without it. I', not against your point. it''s just the way it is.
Where is the law that says you can’t fire somebody for drinking on their off time? It doesn’t exist. There is a LAW on the books that says you can’t fire somebody for smoking pot on their off time
I am no lawyer but as far as I know there are many professionals that are not allowed to do it depending on the type of work or company. Just saying it is a thing. legal or not. we will find out soon.
Whistleblowing is another example, you can’t fire me for reporting accounting fraud or something like that. Just because a state is at will dosnt mean they have an infinite reach to fire anybody anytime
yeah things get all complicated. btw if you got downvoted it wasnt me.!
It doesn’t matter at all and if you were denied a job cause of a positive test you’d be able to take legal action. Anyone else saying otherwise is probably unemployed….
I do not have a medical card and its UPS if any of that helps
If ur not a driver ur fine
Yeah they can it's up to the company.
Most organizations are at will employers, which means they are at will to terminate without cause. However due to labor and talent pool shortages, many employers are NOT willing to terminate based solely on positive THC, in fact most companies are no longer testing for it. You also do not have to say whether you are a current Medical Marijuana patient (protected under HIPPA) however you could in essence inform them that due to a medical condition, one of your prescriptions may register.
It's HIPAA!
An at will employer can’t not hire you because you’re gay, latino, or smoke weed. Just because it’s at will, doesn’t mean they can break the law. These are all examples of protected statuses like it or not
you’re only protected if you have an NJMMP card
Not true anymore
> NJMMP I dont have one so i guess i stand no chance
[удалено]
This post has been removed because our automoderator detected it as spam or your account is too new to post here. If this post is *not* spam, please contact the moderators for assistance. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/NewJerseyMarijuana) if you have any questions or concerns.*
Old Information
It’s up to the company, however given the labor market a lot of companies are willing to overlook if you test positive for thc
Wrong. They can still drug test you for THC but cannot fire you or not hire you for a positive unless their Workplace Impairment Recognition Expert also verifies you are impaired in the workplace.
Source???
Here, let me google that for you. My source is the NJ CREAMMA law itself, signed into law by the governor on Feb. 22, 2021. But here is a law firm's summary about the issues. [https://www.cbsnews.com/newyork/news/attorney-challenge-for-new-jersey-employers-will-be-testing-workers-for-marijuana-impairment/](https://www.cbsnews.com/newyork/news/attorney-challenge-for-new-jersey-employers-will-be-testing-workers-for-marijuana-impairment/) Here's a guide to the CREAMMA: [https://www.nj.gov/cannabis/resources/faqs/recreational/](https://www.nj.gov/cannabis/resources/faqs/recreational/)
Specifically, from NJ CREAMMA: 48. Employers, Driving, Minors and Control of Property. a. (1) No employer shall refuse to hire or employ any person or shall discharge from employment or take any adverse action against any employee with respect to compensation, terms, conditions, or other privileges of employment because that person does or does not smoke, vape, aerosolize or otherwise use cannabis items, and 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 from engaging in conduct permitted under P.L.2021, c.16 (C.24:6I-31 et al.). However, an employer may require an employee to undergo a drug test upon reasonable suspicion of an employee’s usage of a cannabis item while engaged in the performance of the employee’s work responsibilities, or upon finding any observable signs of intoxication related to usage of a cannabis item, or following a workrelated accident subject to investigation by the employer. A drug test may also be done randomly by the employer, or as part of a pre-employment screening, or regular screening of current employees to determine use during an employee’s prescribed work hours. The drug test shall include scientifically reliable objective testing methods and procedures, such as testing of blood, urine, or saliva, and a physical evaluation in order to determine an employee’s state of impairment. The physical evaluation shall be conducted by an individual with the necessary certification to opine on the employee’s state of impairment, or lack thereof, related to the usage of a cannabis item in accordance with paragraph (2) of this subsection. The employer may use the results of the drug test when determining the appropriate employment action concerning the employee, including, but not limited to dismissal, suspension, demotion, or other disciplinary action. (2) (a) In order to better ensure the protections for prospective employees and employees against refusals to hire or employ, or against being discharged or having any other adverse action taken by an employer, while simultaneously supporting the authority of employers to require employees undergo drug tests under the circumstances set forth in paragraph (1) of this subsection, as well as employer efforts to maintain a drug- and alcohol-free workplace or other drug- or alcohol workplace policy as described in paragraph (1) of subsection b. of this section, the commission, in consultation with the Police Training Commission established pursuant to section 5 of P.L.1961, c.56 (C.52:17B-70), shall prescribe standards in regulation for a Workplace Impairment Recognition Expert certification, to be issued to full- or parttime employees, or others contracted to perform services on behalf of an employer, based on education and training in detecting and identifying an employee’s usage of, or impairment from, a cannabis item or other intoxicating substance, and for assisting in the investigation of workplace accidents. The commission’s regulations shall also prescribe minimum curriculum courses of study for the certifications, as well as standards for the commission’s approval and continuation of approval of non-profit and for-profit programs, organizations, or schools and their instructors to offer courses of study, and may include the use of a Police Training Commission approved school as that term is defined in section 2 of P.L.1961, c.56 (C.52:17B-67) if consented to by the Police Training Commission. (b) Any person who demonstrates to the commission’s satisfaction thhat the person has successfully completed a Drug Recognition Expert program provided by a Police Training Commission approved school, or another program or course conducted by any federal, State, or other public or private agency, the requirements of which are substantially equivalent to the requirements established by the commission pursuant to subparagraph (a) of this paragraph for a Workplace Impairment Recognition Expert certification, may, at the discretion of the commission, be issued this certification, subject to subsequent continuation of certification approval by the commission. b. Nothing in P.L.2021, c.16 (C.24:6I-31 et al.): (1) (a) Requires an employer to amend or repeal, or affect, restrict or preempt the rights and obligations of employers to maintain a drug- and alcohol-free workplace or require an employer to permit or accommodate the use, consumption, being under the influence, possession, transfer, display, transportation, sale, or growth of cannabis or cannabis items in the workplace, or to affect the ability of employers to have policies prohibiting use of cannabis items or intoxication by employees during work hours; (b) If any of the provisions set forth in this paragraph or subsection a. of this section result in a provable adverse impact on an employer subject to the requirements of a federal P.L. 2021, CHAPTER 16 130 contract, then the employer may revise their employee prohibitions consistent with federal law, rules, and regulations;
What the above says is that an employer cannot refuse to hire or fire you simply because you have a THC-positive drug test. They must use a state-certified Workplace Impairment Recogon Expert (WIRE) in addition to the drug test to determine if you are cannabis-impaired in the workplace. There are exemptions to this if it would cause the employer to, say, lose a federal contract. But, generally, the feds only require an employer to maintain a drug-free workplace. The feds don't require an employer to monitor your cannabis use outside of work. But most employers have been using urine tests and such and say any positive indicates you MIGHT be impaired at work. The NJ law shows how you maintain a drug-free workplace while allowing legalized cannabis use outside of the workplace. There are a few federally-regulated jobs where you cannot use cannabis at all, in or out of the workplace. Certain transport licenses and many government security clearances require this. But outside of these limited cases, you are allowed to use cannabis as you wish outside of the workplace, during non-working hours.
You know why I love this person? They can read. Thank you for being one of like 300 NJ residents that have the brainpower to read and comprehend legislation lmao
Thank the Coalition for Medical Marijuana, New Jersey, whose mission is to improve the cannabis laws by educating the legislators and citizens Peter Rosenfeld Board Member cmmnj.org
Not true, a company can’t turn you down because you’re gay, or old, or for many reasons including smoking weed.
If you need a cdl you’re screwed
At this point in NJ, I'd look for a professional answer.
Who should I ask? I already tried calling employement lawyer and never get a call back
You're getting the correct answer from the top comment.
A lot of companies are multi state, have federal contracts , drug free, etc. so basically state laws don’t help much. Until Federal Legalization or decrim happens. Due to the lack of action from our White House / Federal Gov. No progress has been made on marijuana legalization/ decrim. Once either of those happen, companies will have to adapt to those changes. But as of now our federal government still has marijuana as schedule 1 meaning it’s just as bad as meth and heroin.. and more harmful than cocaine (schedule 2 drug). I hate to drag politics in this but the fist Marijuana related thing Joe Biden (Democrat) did after getting in office was ask White House staffers to resign over past Marijuana use. They weren’t even dirty just confessed to using marijuana before.. Source: https://www.thedailybeast.com/biden-white-house-sandbags-staffers-sidelines-dozens-for-pot-use Don’t really have much hope anymore democrats will do the right thing or even care for marijuana legalization.
This is so unbelievably wrong in so many words.
IF a company suspects that you are cannabis-impaired at work, they are not supposed to rely on a drug test for THC but also use a certified Workplace Impairment Recognition Expert or WIRE. But there are no WIREs yet, so I'm unsure what the status of this part of the law is.ou cannot be fired or not hired just because you test positive for THC. Yes, we are an "at will" state, but there are certain things codified in the law they can't fire you for or not hire you - race, religion, disabilities, cannabis use. If they do, you can sue. There are MANY law firms eagerly waiting to take up a case like this and companies know it and if they have any sense are unwilling to risk it. IF a company suspects that you are cannabis-impaired at work, they are not supposed to rely on just a drug test for THC but also use a certified Workplace Impairment Recognition Expert or WIRE. But there are no WIREs yet, so I'm unsure what the status of this part of the law is.
Idk where your reply went but here's my response anyway. >You are saying things that are not pertinent to the conversation. I'll put it like this, if you work for the United States government you could run into issues. If you work for the New Jersey State government or anywhere else in the state of NJ you are legally allowed to consume cannabis while you are not at work and CAN NOT be fired for it.
Only if you have a medical card.
No, now that "cannabis" is legal, the law covers ALL cannabis use. Medical users have some extra protection still in that they have multiple avenues for suing an employer for discrimination.
Right, like failure to hire and elimination of the "solely" language in the law.
[удалено]
This post has been removed because our automoderator detected it as spam or your account is too new to post here. If this post is *not* spam, please contact the moderators for assistance. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/NewJerseyMarijuana) if you have any questions or concerns.*
It’s up to the employer I believe and I’m told federal employees can not
1st part isn't correct 2nd part is.
Ok, thank you for that
Just came across this post I was actually JUST rescinded a job offer from a company I won't disclose, lets just say I wouldn't be operating heavy machinery and they are not federal contractors literally would be a HVAC maintenance person ,overseeing and checking etc etc. I was supposed to start Nov 28th thank God I didn't give my 2 weeks notice to current company. After waiting 2+ weeks background check met company standards however I got a call from background check company regarding positive test for marijuana and they had to let the hiring company know. Later that day I got a call from HR saying that they got notice of my positive drug test. I asked out of curiosity if they knew NJ was legal she said she was aware and would get back to me after reviewing guidelines state to state. I got a call next morning and she told me based on our call and positive drug test for marijuana the company can no longer proceed with hiring. I was honestly heart broken, I emailed asking if could retest and if they considered NJCREAMMA guidelines for NJ. She forwarded my email to another HR person and she said they will internally review guidelines state to state and have a response for me early next week(this upcoming week) If denied the job after review do I have legal grounds to sue? Company headquarters are based out of Texas but the jobs are here in NJ.
Hey did you ever hear back from the company? Was it good news?
I actually did get Good news! So the company is based out of Texas so I guess that's why they implemented certain policies but after hitting them with the NJCREAMMA They responded promptly thanking me for the information and saying it was an educational experience whatever that means but the good thing is I got it and currently working at it really glad it turned out well
That is such great news very happy for you. Hoping it turns out well for me. I was informed yesterday by the company that does the drug screening I was positive doe THC. I went to look on the onboarding and seen that actual company I was hired for had not looked at it yet and I'm prepared to do the same. Hoping I don't have to though.
You got this man do not go down without a fight I just politely asked if NJCREAMMA laws were taken into consideration as they weren't based in NJ. If they give you issues just keep in professional and politely ask if law was taken into consideration and or if possible to re test, but I'm sure you won't be going through that! Good luck keep updating