On behalf of the New Jersey Business and Industry Association, thank you for the opportunity to testify on the implementation of the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.” NJBIA has been active from the start in advocating for safe work practices in the advent of the legalization of adult-use recreational cannabis and we continue that advocacy today. While we continue to have concerns with the law as passed by the Legislature, we understand that the solutions to creating a safe work environment will come from the regulatory actions of the Cannabis Regulatory Commission, as well as the due diligence of the business community and their labor allies. As a reminder, please note the specific language in the current statute for which regulation does not exist.
(2) (a) In order to better ensure the protections for prospective employees and employees against refusals to hire or employ, or against being discharged or having any other adverse action taken by an employer, while simultaneously supporting the authority of employers to require employees undergo drug tests under the circumstances set forth in paragraph (1) of this subsection, as well as employer efforts to maintain a drug- and alcohol-free workplace or other drug- or alcohol workplace policy as described in paragraph (1) of subsection b. of this section, the commission, in consultation with the Police Training Commission established pursuant to section 5 of P.L.1961, c.56 (C.52:17B-70), shall prescribe standards in regulation for a Workplace Impairment Recognition Expert certification, to be issued to full- or parttime employees, or others contracted to perform services on behalf of an employer, based on education and training in 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. The commission’s regulations shall also prescribe minimum curriculum courses of study for the certifications, as well as standards for the commission’s approval and continuation of approval of non-profit and for-profit programs, organizations, or schools and their instructors to offer courses of study, and may include the use of a Police Training Commission approved school as that term is defined in section 2 of P.L.1961, c.56 (C.52:17B-67) if consented to by the Police Training Commission.
Attached are documents providing recommendations we submitted to the Commission to move us toward having the tools needed to ensure safe work environments and to meet the growing challenges resulting from the legalization of adult-use recreational cannabis.
Thank you for your consideration of our position and your efforts to help solve this safety problem.