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Questions Cloud Legal Recreational Cannabis in NJ
by Susan S. Hodges, Esq.
Chair, Labor and Employment, Parker McCay
Recreational cannabis has come to New Jersey, but the situation remains hazy when it comes to employment issues.
For employers, there is uncertainty with liability, discipline, and keeping a drug-free workplace.
For employees, questions swirl about retention, testing, union requirements, and impairment during work.
With so many unanswered questions on both sides, it is imperative for companies to be up-to-date on the continued discussion and implementation of regulations surrounding recreational cannabis in the workplace.
Protecting the company and its most valuable assets, its employees, from costly litigation should be paramount to all company stakeholders as the state moves incrementally forward addressing the myriad of contingencies that will inevitably unfold around this issue.
Employers should realize that there is currently no proven test to detect real-time cannabis intoxication, making it nearly impossible for an employer to establish that one of its employees was under the influence of cannabis during working hours in support of disciplining or terminating the employee for improper cannabis use.
This being the case it is prudent that companies protect themselves by retaining competent, knowledgeable, and expert legal counsel to address cannabis issues in the workplace.
As this sticky situation continues to evolve the old adage, “better safe than sorry” is still the best advice.
Click here to learn more or contact Susan Hodges at shodges@parkermccay.com
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