Pot has been legal in New Jersey for almost three years, but it is still presenting challenges to employers as far as figuring out their policies around cannabis use and communicating them to workers.
Angelo Valente of the Partnership for a Drug-Free New Jersey said one thing is very clear.
“The use of cannabis is still not permitted in the workplace at any point and it is really crucial that this information be disseminated to employees so that employees are aware specifically of how an employer has to address the issue of cannabis use,” he said.
There are no restrictions on what employees can do in their off hours and away from the workplace, but Jersey City has a lawsuit in the works over the issue of cops and pot.
“The city is suing to determine whether or not police officers have the right to use cannabis off duty, right now the New Jersey state law allows that,” said Valente.
Jersey City is claiming cops should not be allowed to use pot off duty because of a federal law that prevents anyone using drugs from possessing a gun. Five officers there face termination for their alleged use of marijuana while they were off duty.
“There are very specific rules that the state has for an employee to utilize cannabis, and it’s important that those rules are spelled out in the employee manual,” he said.
For instance someone can’t be eliminated from consideration for a job for failing a pre-employment drug test or fired for failing a drug test. And employers can require a test if they think someone is using pot on the job. But testing is complicated by the fact that cannabis stays in the system longer than most drugs.