Employers in New Jersey are navigating the complexities of maintaining drug-free workplaces following the legalization of cannabis for both medical and recreational use. The challenge is underscored by a study from the Journal of the American Medical Association, which reports a 10% rise in workplace injuries among workers under the age of 35 in states where recreational cannabis is legal.
New Jersey law allows employers to conduct drug tests but prohibits them from making hiring or disciplinary decisions based solely on a positive cannabis test. This is because cannabis can remain in a person's system long after the effects have worn off, making it difficult to determine if an employee was impaired while on the job. The state advises that employees must also be assessed for impairment by a trained individual before any disciplinary action is taken. However, specific rules for certifying these evaluators have not been established.
To address these issues, the New Jersey Business and Industry Association (NJBIA) is hosting an event on May 14 at the Pines Manor in Edison entitled "The Second Act of Cannabis." The event aims to inform employers about their responsibilities and strategies to mitigate risks while respecting employee rights. It will cover human resources impacts and the liability issues arising from cannabis legalization, with a focus on minimizing business risk.
The program includes panel discussions such as "Cannabis Market Trends Impacting New Jersey Businesses," moderated by William J. Caruso from Archer and Greiner P.C. Panelists include Fruqan Mouzon, an attorney at Fox Rothschild, and Precious Osagie-Erese of the New Jersey Department of State’s Cannabis Training Academy.
Another panel, "Navigating the Regulatory Maze – Compliance in an Evolving Industry," will feature Tauhid Chappell, executive director of the New Jersey Department of State’s Cannabis Training Academy, and Stacey Udell, principal at HBK Business Valuation and Litigation Support.
The third discussion, "Balancing the Highs – Employee Policies and Workplace Practices in a Cannabis-Legal World," includes James Coyle from Advanced Training Products, Mark Valentine from AON Global Risk Consulting, and Douglas Diaz from Archer and Greiner PC.
For more details on registration and sponsorship for the NJBIA event, information is available online.