The New Jersey Cannabis Regulatory Commission (NJ-CRC) approved new guidance for "employers stating that they cannot be penalized based solely on positive drug tests for cannabis metabolites."

These are interim policies that will be in effect as the commission “formulates and approves standards” for “Workplace Impairment Recognition Expert” (WIRE) certifications, reported Marijuana Moment.

“Although tests are improving in accuracy there is no perfect test for detecting present cannabis impairment,” Jeff Brown, NJ-CRC Executive Director, wrote in the new guidance document.

“Therefore, best practice has been for employers to establish evidence-based protocols for documenting observed behavior and physical signs of impairment to develop reasonable suspicion, and then to utilize a drug test to verify whether or not an individual has used an impairing substance in recent history.”

Moreover, NJ-CRC provided a sample form that employers can reference or adopt when they suspect an employee of being intoxicated on duty. It lists a number of “physical …

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