New Jersey Cannabis Regulatory Commission’s Rules and Regulations for CREAMMA Are Here: What Employers Need to Know

CANNANNEW REPORT

As we previously reported, on February 22, 2021, Governor Phil Murphy signed into law the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), which, among other things, legalized the recreational use of marijuana in New Jersey for adults age 21 and older. In addition, CREAMMA imposed on employers certain obligations with respect to marijuana and the workplace, including certain antidiscrimination and drug testing provisions. CREAMMA provides that while its employment-related provisions became “effective” immediately upon the enactment of the law, they are not “operative” until the Cannabis Regulatory Commission (CRC) adopts its initial rules and regulations. In this regard, one of CREAMMA’s impending requirements is that an employer use a Workplace Impairment Recognition Expert (WIRE) to conduct a “physical evaluation” of an individual who is drug tested for marijuana. CREAMMA directed the CRC to prescribe certain “standards” for the “certification” a WIRE must obtain in order to meet the qualifications for “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.” Employers have been hoping that these standards will also answer several questions relating to the new WIRE requirement, for instance: At what point does the WIRE become involved in the drug testing process? What is the nature and extent of the WIRE’s involvement in the drug testing process? What weight does the WIRE’s opinion or decision carry with respect to the employment decision at issue? On August 19, 2021, the CRC published its first set of rules and regulations , titled the “Personal Use Cannabis Rules,” governing recreational cannabis under CREAMMA. The Personal Use Cannabis Rules have two important implications for employers doing business in New Jersey. First, with respect to CREAMMA’s WIRE requirement, the Personal Use Cannabis Rules unfortunately do not include the standards…

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Source : New Jersey Cannabis Regulatory Commission’s Rules and Regulations for CREAMMA Are Here: What Employers Need to Know

reposted by Cannabis News World

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