New Jersey AG Issues New Guidance on Drug Testing in Law Enforcement

Last week, New Jersey’s attorney general issued a new directive regarding drug testing requirements for law enforcement agencies. This directive was necessary after the opening of the state’s legal marijuana market earlier in the year. Matthew Platkin, the state’s AG, stated that after April’s opening of the regulated cannabis industry, many law enforcement agencies delayed random drug testing of officers in accordance with the AG Drug Testing Policy. The directive further stated that if an agency conducts two random drug test in calendar year 2022 and then conducts another test in the period of January 1, 2022 through March 31, 20,23, that third test could count towards the 2023 requirement for two tests. Law enforcement agencies must conduct at least four random drug testing between January 1, 2022, and December 31, 2023. New Jersey opened its regulated retail marijuana market in April. State regulators were forced to modify certain rules and practices as a result of the new changes. The New Jersey Cannabis Regulatory Commission, which oversees state’s legal cannabis program, released updated guidance last month. It stated that employers still have the right of drug testing their workers. “This guidance does NOT impose any additional requirements or establish any additional rights for any person. Employers should ensure compliance with all state and federal employment laws when incorporating this guidance. However, employees may be subject to adverse employment actions that could impact their rights under different laws, including the anti-discrimination laws. Employers should comply with all federal and state employment laws when incorporating this guidance.