Can You Be Fired For Positive Marijuana Test? New Jersey Finally Gives Relieving Answer
The second marijuana got legalized in New Jersey, everyone I knew went into celebration mode.
But this new law also lead to a bunch of follow up questions:
Where can you smoke it?
How much can you have in your possession?
What should happen to people who drive high?
And of course, what rules are needed when it comes to marijuana in New Jersey's workforce?
According to APP.com, New Jersey officials have spoken! You cannot be declined a job nor can you be penalized or fired from your current job for solely testing positive for marijuana.
“Striking a balance between workplace safety and work performance and adult employees’ right to privacy and to consume cannabis during their off hours is possible,” said Jeff Brown, executive director of the state Cannabis Regulatory Commission according to APP.com. “We have been doing that with alcohol without thought.”
Now don't get me wrong, this isn't a free hall pass.
If you walk into work with red, bloodshot eyes and are moving like molasses, your job can legally test you because they, "have, 'reasonable suspicion for impairment,'" according to APP.com.
If your test comes up positive for cannabis in this scenario, you can legally be fired because there is evidence you are under the influence during work hours.
Plus, a lot of companies are continuing to demand that the work environment remain substance-free despite marijuana's legalization.
Another thing to consider is that one can test positive for THC weeks after using it. Determining whether someone keeps their job based on one sole test can become a sticky, legal situation and fast.
As far as I am concerned, treat marijuana the same as you would alcohol and for all career types.
Am I going to rip shots before or during my workday? No, absolutely not.
Am I going to partake by having wine after work? Abso-freakin-lutely.
So whether you are a doctor, a lawyer, a delivery driver or social media influencer, don't light up until work has come to a close and all should be fine.
Just be smart about this and all will work out in the end...hopefully.....
By the way, is your stash running low?
Here is where you can go to refill in New Jersey: