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 employers from refusing to hire or taking adverse actions against employees solely based on cannabis use, with exceptions for reasonable suspicion of use during work hours or observable signs of intoxication. The bill specifies that drug tests for cannabis cannot be part of pre-employment screenings, except for certain employee categories, and must use scientifically reliable testing methods. It also introduces the concept of a Workplace Impairment Recognition Expert, clarifying that employers are not required to employ such experts for drug testing or determining suspicion of impairment.

Furthermore, the bill restricts employers from prohibiting cannabis use during non-work hours unless specific high-risk job conditions are met, such as working in critical infrastructure or roles requiring firearm possession. It emphasizes that employers can enforce drug-free policies while outlining the commission's responsibilities in developing training standards for recognizing cannabis-related impairment. The legislation aims to balance employee rights with employer responsibilities in the context of legalized cannabis use, ensuring that employers can make good faith determinations regarding employee impairment without being mandated to use Workplace Impairment Recognition Experts.

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