Bucco: Cannabis Regulatory Commission Guidance Leaves Too Many Unanswered Questions

Employers Need More Direction to Ensure Workplace Safety

Long-awaited workplace safety guidance issued by New Jersey’s Cannabis Regulatory Commission this weekend fell short of delivering the specifics New Jersey employers need, said Senator Anthony M. Bucco.

“Finally, the Commission has come out with some advice, but it has taken far too long and the information they have provided still leaves too many questions,” said Bucco (R-25). “Employers across the state have been desperately waiting on information about what they can and cannot do to ensure safety in the workplace, an issue especially crucial to high-risk environments like construction sites and infrastructure projects.”

The state legalized the use of marijuana early in 2021, and the sale of recreational cannabis started almost five months ago.

“Essentially, the Commission’s announcement on workplace impairment advises employers to treat cannabis like alcohol,” Bucco added. “All they issued is some limited interim guidance that still leaves employers without the rules they need to keep workers safe.

“The longer this confusion goes on, the likelihood of litigation due to enforcement increases. Employers need something definitive – a final decision about how companies should proceed and what they can and cannot do to keep the workforce safe without violating workers’ rights to privacy,” said Bucco.

According to the Commission, the policies announced this week will have to suffice until they finalize the standards for certifying Workplace Impairment Recognition Experts who would be trained to identify physical and behavioral signs of intoxication.

“It is time to end the foot-dragging and make some decisions,” Bucco said.