DOT yes for sure.
Non-DOT:
Can Employers Drug Test their Employees for Cannabis?
Yes, but what can be done about it remains uncertain. NJCREAMMA permits employers to require drug tests if the employer:
- has a reasonable suspicion of an employee’s usage of a cannabis item while engaged in the performance of the employee’s work responsibilities; or
- finds observable signs of intoxication at work related to usage of a cannabis item; or
- conducts the test following a work-related accident subject to investigation by the employer.
It is not recommended that the employer take adverse action on a marijuana positive unless there is also a physical evaluation. The physical evaluation must be conducted by an individual who has completed a Drug Recognition Expert program provided by a Police Training Commission approved school, or another program or course with substantially equivalent requirements. Upon completion of this program, the individual will receive a Workplace Impairment Recognition Expert certification. The individual can either be an employee or someone the employer contracts with to perform the test on the employer’s behalf.
Added to this new complexity is the fact that the training and certification process has not yet been developed. The Cannabis Regulatory Commission in consultation with the Police Training Commission will issue regulations describing the standards for the certification, including the minimum curriculum courses of study. Until those are developed, it seems highly risky for an employer to take action against what appears to be an employee intoxicated by marijuana.
The bottom line for now Non-DOT employers may want to consider not testing for marijuana.
