This bill amends Section 48 of P.L. 2021, c. 16, to enhance employee protections regarding cannabis use while allowing employers to maintain a drug-free workplace. It prohibits adverse actions against employees based solely on their cannabis use outside of work hours, with exceptions for high-risk job categories such as critical infrastructure and public safety roles. The bill also specifies that drug tests for cannabis cannot be included in pre-employment screenings, except for certain positions, and outlines conditions under which employers may require drug testing based on reasonable suspicion or observable impairment.

Furthermore, the legislation introduces the role of a Workplace Impairment Recognition Expert, which employers may choose to employ to help identify impairment due to cannabis use, though they are not required to do so. The bill clarifies that the use of these experts is not the industry standard, allowing employers to rely on scientifically reliable testing and their own judgment. It also prohibits restrictions on employees' cannabis use during non-work hours, except in specific high-risk situations, and mandates collaboration between the Police Training Commission, New Jersey State Police, and the Cannabis Regulatory Commission to develop training standards for Drug Recognition Experts and Workplace Impairment Recognition Experts.

Statutes affected:
Introduced: 24:6I-52, 52:17B-71