Testing for Marijuana Use Remains a Fraught Issue for NJ Employers

Sills Cummis’ Jill Turner Lever was asked to weigh in on how businesses are handling testing for cannabis use now that more and more states are legalizing cannabis.

Here are excerpts from the article, “Jill Turner Lever … agreed that more businesses are reevaluating. ‘Many companies are struggling with these issues and are reconsidering how to handle cannabis,’ she said. ‘Multi-state employers are also considering how best to establish a consistent policy, given the patchwork of state laws in this area, plus the fact that cannabis is currently still illegal under federal law.’”

Lever also stated, “‘New Jersey employers still have the right to maintain a drug-free workplace … and may still prohibit possession, use of and/or intoxication by cannabis items during work hours or on the premises after work hours. … Accordingly, it is critical for New Jersey employers to implement a compliance policy, to train staff on the policy, as well as to train supervisors and managers on how to handle these complicated issues.’”