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Drug-Free Workplace Policy and Program Template

New Jersey Drug Testing Laws and Regulations

State: New Jersey
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Important Bulletpoints:
  • Every board of education in the State of New Jersey may require its employees and shall require any applicant awarded with a conditional offer of employment to undergo physical examination which includes testing for the use of controlled dangerous substances. Such tests shall be performed by a physician or laboratory designated by the Board with the costs of the tests shouldered by the Board.
  • The law demands that the cost of any medical examination required by the employer as a condition of entering or continuing employment be paid or reimbursed by the employer and in no way shall be deducted from the employee’s wages.
  • Any action of defrauding the administration of a drug test or producing a false or misleading result for a test for controlled substances constitutes a criminal act in New Jersey.
  • A State Supreme Court decision allows for random drug testing but limited only to safety-sensitive occupations.
  • Workers’ compensation and unemployment benefits may be denied of an employee due to willful negligence which includes intoxication or unlawful use of controlled dangerous substances.
  • New Jersey Drug Testing Law:

    There are no legislative regulations for the private sector to prohibit or permit potential and current employees to undergo New Jersey drug testing. However, a broad New Jersey drug testing law follows the general guidelines and court rulings of the Federal government. What is this? The provision indicates that drug testing in any New Jersey workplace is allowable if there are reasonable indications that a prospective employee or employee has drug abuse problems.

    Under the New Jersey drug testing law, every NJ board of education has the right to demand its prospective employees and current employees to undergo specified physical and psychiatric examinations including drug testing. Operators of public transportation or commercial motor vehicles are required to undergo drug testing in New Jersey.

    New Jersey drug testing law indicates that the collection of specimen be done in a private and dignified way. In this connection, the U.S Department of Transportation has issued out guidelines for urine testing. It is required that only approved DOT-laboratories be used for drug testing in New Jersey. Note that the urine sample could only be tested for drugs and not for any other conditions and diseases. The results of a New Jersey drug test is private and may only be disclosed under certain provisions.

    Random New Jersey Drug Testing:

    The New Jersey Supreme Court allows every NJ-based employer to require random drug testing for alcohol, prohibited and prescription drug for work that is safety-sensitive. This basically relates to hazardous jobs and work where safety could be an issue. Examples are public transportation drivers, fork-lift operators and commercial drivers. The issue with random New Jersey drug testing is qualifying what “random”, “reasonable suspicion” and “for cause” constitute. In some instances the Supreme Court of New Jersey held that random New Jersey drug testing is deemed an invasion of privacy on the part of the employee. Generally, the court weighs the question of the employee’s privacy against the employer’s need in the case of random drug testing in the workplace.

    New Jersey Discrimination Law:

    The NJLAD (New Jersey Law Against Discrimination) points out to the exclusion of discrimination against persons who are handicapped. Under the NJLAD, alcoholism is a handicap but drug abuse is not. However, rehabilitated drug addicts are in effect considered handicapped. However, this does not mean that NJLAD protects employees whose substance abuse impairs their work. Unemployment benefits and workers’ compensation insurance may be withheld when the concerned employee’s negligence is due to substance abuse.

    Medical Marijuana Law:

    SB 119 legalizes the use of medical marijuana in New Jersey in January 2010. This SB was supposed to be in effect six months after it was acted on. However, the DHHS, legislature and Gov. Chris Christie were not able to agree on the details on how to run the program.1

    On October 2016, a set of draft rules was released by the New Jersey Department of Health and Services. A public hearing to discuss the various points of the program was held on December 6, 2010. After a year, Sen. Nicholas Scutari declared that the NJ Board of Examiners' proposal on the medical marijuana program conflicts with legislative goal.

    In February 2011, the Department of Health submitted another new set of rules that should facilitate getting permits for cultivating and dispensing of medical cannabis, and no home delivery by alternative and unaccredited treatment center. The proposal also stipulated that medical conditions that qualify for medical marijuana use should be resistant to conventional medical treatment.

    In the first week of August 2012, the New Jersey Medical Program's website opened to accommodate patient registration. Each patient is required to have his physician's recommendation note, proof of his New Jersey residency, and a government-issued ID.

    Greenleaf Compassion Center was given the first dispensary permit on October 16, 2012. The facility was allowed to dispense medical cannabis and has been allowed to operate as an alternative treatment center.

    SB 2824 was signed by the governor of New Jersey on September 10, 2013, allowing the use of any form of edible marijuana for minors, upon the approval of a psychiatrist or pediatrician.

    Qualifying Medical Conditions

    • ALS (Amyotrophic lateral sclerosis)

    • Cancer

    • Multiple sclerosis

    •Chron's disease

    • Muscular dystrophy

    • Glaucoma

    • Seizure disorder

    • HIV/AIDS

    • Post-traumatic stress disorder

    • Terminal illness (doctor's prognosis if less than a year)

    Limitations

    • Nothing in the New Jersey medical marijuana law permits a person under the influence of marijuana to operate or drive any vehicle, railroad train, aircraft, stationary heavy equipment or vessel.

    • It is not allowed to smoke marijuana in a school bus or any type of public transport, in an operative, private vehicle, in correctional facility, on any school grounds, recreation center, public park or beach, or in any area where smoking is not allowed.

    Recreational Marijuana

    A4193 is the proposed law that would legalize marijuana in New Jersey, clear the slate for past marijuana offenses and afford retailers in New Jersey to sell marijuana just like a regular tobacco product.

    Limitations

    • Smoking marijuana is not permitted in the workplace or indoor public place.

    • Smoking marijuana is prohibited in school grounds and in public and private elementary or secondary schools, indoor and outdoor

    • Industrial manufacturing of marijuana in a home setting is prohibited.

    • School buses owned or leased by a school district cannot be used to advertise marijuana.

    Effects on Workplace Drug Testing

    Currently, drug testing in private employment is not addressed by New Jersey legislation. An employer may or may not require pre-employment drug testing and random drug testing under federal law stipulations. Employees who think that their drug test was done illegally will have to depend on other legal theories to further their cause.3 Federal employees and those who have high-risk jobs are mandated to undergo drug testing.

    Sources:

    http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881#NH

    http://patch.com/new-jersey/newarknj/n-j-marijuana-legalization-bill-would-treat-weed-tobacco

    http://www.nolo.com/legal-encyclopedia/workplace-drug-testing-new-jersey.html

    Applicability: Law applies to physicians, primary caregivers, and those authorized to produce Marijuana for medical purposes.
    Quantity Allowed: 90-day supply of usable Marijuana.
    How Obtained: New type of pharmacy called alternative treatment centers
    Liability Protections: Protection from arrest, prosecution, property forfeiture, and criminal and other penalties for patients, physicians, primary caregivers, and those who are authorized to produce Medical Marijuana for medical purposes.
    Statutory Requirements for Authorized Use: Registry Identification cards will be issued by the Department of Health and Human Services which will identify a person as a registered qualifying patient or a primary caregiver.
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    Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm Biosciences Inc. DBA TestCountry.

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