One year after adult recreational cannabis was legalized, employers complain they are more confused than ever on what to do with random drug testing of workers.
The delayed opening of New Jersey’s adult cannabis marketplace is not the only uncertainty one year after the state legalized adult-use marijuana.
But employers say they are at a loss as the new law hits its one-year mark on Tuesday, even as regulators miss a target date to open the market. It’s largely because of a court fight over those impairment experts. Last year the high court appointed a Special Master, Appellate Judge Joseph Lisa, to determine whether the use of Drug Recognition Experts is based on legitimate science or junk science.
Meanwhile, confusion reigns in the workplace, said Ray Cantor, Vice President of Government Affairs at the New Jersey Business and Industry Association, which opposed the use of recognition experts, maintaining they are less effective than a drug test and an added cost to businesses. “But that may not matter. What does matter is that the Cannabis Commission, when it adopted its temporary regulations, did not address the issue of certification standards and has taken no steps to create a certification process,” Cantor said.
“An employer could test someone at the workplace and have that person come back positive for THC , but it doesn’t mean the person was under the influence at the time of the test, Krakora told a legislative panel last year while police reform bills were being voted.
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