Provides employer and employee protections pursuant to use of legalized cannabis items.

S3603

SENATE, No. 3603

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Senator� ANTHONY M. BUCCO

District 25 (Morris and Passaic)

SYNOPSIS

���� Provides employer and employee protections pursuant
to use of legalized cannabis items.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning employment issues related to the use
of legalized cannabis items, and amending P.L.2021, c.16 and P.L.1961, c.56.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

����
1.� Section 48 of P.L.2021,
c.16 (C.24:6I-52) is amended to read as follows:

���� 48.� Employers, Driving,
Minors and Control of Property.

���� a.���� (1)� No

employer shall
refuse to hire or employ any person or shall discharge from employment or take
any adverse action against any employee with respect to compensation, terms,
conditions, or other privileges of employment because that person does or does
not smoke, vape, aerosolize or otherwise use cannabis

items,� and an employee shall not be
subject to any adverse action by an employer solely due to the presence of
cannabinoid metabolites in the employee�s bodily fluid from engaging in conduct
permitted under P.L.2021, c.16 (C.24:6I-31 et al.)
except as otherwise
provided in this section
.� However, an employer may require an employee to
undergo a drug test upon reasonable suspicion of an employee�s usage of a
cannabis item while engaged in the performance of the employee�s work
responsibilities, or upon finding any observable signs of intoxication related
to usage of a cannabis item, or following a work-related accident subject to
investigation by the employer.� A drug test may also be done randomly by the
employer
[
,
or
]
as
part of a
[
pre-employment
screening, or
]

regular screening of current employees to determine use during an employee�s
prescribed work hours.�
A drug test for cannabis shall not be done as part
of a pre-employment screening, except for the employees outlined in paragraph
(1) of subsection b. of this section.
� The drug test shall include
scientifically reliable objective testing methods and procedures, such as
testing of blood, urine, or saliva, and
may include
a physical
evaluation in order to determine an employee�s state of impairment.� The
physical evaluation shall be conducted by an individual with the necessary
certification to opine on the employee�s state of impairment, or lack thereof,
related to the usage of a cannabis item in accordance with paragraph (2) of
this subsection.� The employer may use the results of the drug test when
determining the appropriate employment action concerning the employee,
including, but not limited to dismissal, suspension, demotion, or other
disciplinary action.

���� (2)� (a)� In order to better
ensure the protections for prospective employees and employees against refusals
to hire or employ, or against being discharged or having any other adverse
action taken by an employer, while simultaneously supporting the authority of
employers to require employees undergo drug tests under the circumstances set
forth in paragraph (1) of this subsection, as well as employer efforts to
maintain a drug- and alcohol-free workplace or other drug- or alcohol workplace
policy as described in paragraph (1) of subsection b. of this section, the
commission, in consultation with

the Police Training Commission
established pursuant to section 5 of P.L.1961, c.56 (C.52:17B-70), shall
prescribe standards in regulation for a Workplace Impairment Recognition Expert
certification, to be issued to full- or part-time employees, or others
contracted to perform services on behalf of an employer, based on education and
training in detecting and identifying an employee�s usage of, or impairment
from, a cannabis item or other intoxicating substance, and for assisting in the
investigation of workplace accidents.� The commission�s regulations shall also
prescribe minimum curriculum courses of study for the certifications, as well
as standards for the commission�s approval and continuation of approval of
non-profit and for-profit programs, organizations, or schools and their
instructors to offer courses of study, and may include the use of a Police
Training Commission approved school as that term is defined in section 2 of
P.L.1961, c.56 (C.52:17B-67) if consented to by the Police Training Commission.

����
An employer may determine
to employ or not to employ a Workplace Impairment Recognition Expert in the
employer�s discretion.�� Nothing in this subsection shall be interpreted to
require that an employer use a Workplace Impairment Recognition Expert for either
drug testing or determinations of suspicion of an employee�s usage of a
cannabis item while engaged in the performance of the employee�s work
responsibilities nor shall the use of the Workplace Impairment Recognition
Expert be deemed the industry standard for testing or making such suspicion
determinations.� An employer shall remain free to use scientifically reliable
testing services and to exercise its own judgment in making a good faith
suspicion determination.

���� (b)�� Any person who
demonstrates to the commission�s satisfaction that the person has successfully
completed a Drug Recognition Expert program provided by
[
a Police
Training Commission approved school
]

the New Jersey State Police
, or another program or course conducted by
any federal, State, or other public or private agency, the requirements of
which are substantially equivalent to the requirements established by the
commission pursuant to subparagraph (a) of this paragraph for a Workplace
Impairment Recognition Expert certification, may, at the discretion of the
commission, be issued this certification, subject to subsequent continuation of
certification approval by the commission.

���� b.��� Nothing in P.L. 2021,
c.16 (C.24:6I-31 et al.):

���� (1)� (a)���� Requires an
employer to amend or repeal, or affect, restrict or preempt the rights and
obligations of employers to maintain a� drug- and alcohol-free workplace or
require an employer to permit or accommodate the use, consumption, being under
the influence, possession, transfer, display, transportation, sale, or growth
of cannabis or cannabis items in the workplace, or to affect the ability of
employers to have policies prohibiting use of cannabis items or intoxication by
employees during work hours;

����
An employer shall not take
any action which has the effect of prohibiting an employee using cannabis items
during non-work hours except:

���� (
i)� upon a determination
by an employer that the nature of the work of an employee at a critical
infrastructure facility or a construction site has an exceptionally high risk
of potential harm to other employees or to public safety if the employee were to
be impaired through the use of cannabis.� The approval to designate categories
of these employees, or a specific employee of an employer, shall be made by the
commission upon application of the employer.� The commission shall approve the
application upon finding that the standards set forth in this subsubparagraph
have been met.� As used in this subsubparagraph �critical infrastructure
facility� means: a facility identified in the United States

Department
of Energy, 2015 Energy Sector-Specific (SSP) prepared in accordance with
section 1016 (e) of the USA Patriot Act of 2001 (42 U.S.C. 519c(e)) or any
amendment, supplement or similar plan or definition; or a facility operated by
an air carrier certificated by the Federal Aviation Administration;

����
(ii)� when the nature of
the work of an employee is operating, maintaining, constructing or repairing a
public utility that is subject to the jurisdiction of the Board of Public
Utilities;

���� (
iii)� when an action is
required under the federal Omnibus Transportation Employee Testing Act of 1991,
49 U.S.C. s. 5331;

����
(iv)� when the employer is
subject to the Railway Labor Act, 45 U.S.C. � 151 et seq.; or

����
(v)� when the employee is a
law enforcement officer and the duties of the employment require the possession
of a firearm.
��������

���� (b)� If any of the provisions
set forth in this paragraph or subsection a. of this section result in a
provable adverse impact on an employer subject to the requirements of a federal
contract, then the employer may revise their employee prohibitions consistent
with federal law, rules, and regulations;

���� (2)�� Is intended to allow
driving under the influence of cannabis items or driving while impaired by
cannabis items or to supersede laws related to driving under the influence of
marijuana or cannabis items or driving while impaired by marijuana or cannabis
items ;

���� (3)�� Is intended to permit
the transfer of cannabis items, with or without remuneration, to a person
under� 21 years of age or to allow a person under 21 years of age to purchase,
possess, use, transport, grow, or consume cannabis items, unless the person is under
21 years of age, but at least 18 years of age, and an employee of a cannabis
establishment, distributor, or delivery service acting in the person�s
employment capacity;

���� (4)�� Shall, consistent with
subsection c. of section 46 of P.L.2021, c.16 (C.2C:35-10a), prohibit a person
or entity that owns or controls a property from prohibiting or otherwise
regulating the consumption, use, display, transfer, distribution, sale, or transportation
of cannabis items on or in that property, or portion thereof, including a hotel
property that is a casino hotel facility as defined in section 19 of P.L.1977,
c.110 (C.5:12-19), a casino as defined in section 6 of P.L.1977, c.110
(C.5:12-6), or casino simulcasting facility authorized pursuant to the �Casino
Simulcasting Act,� P.L.1992, c.19 (C.5:12-191 et al.), provided that a person
or entity that owns or controls multifamily housing that is a multiple dwelling
as defined in section 3 of P.L.1967, c.76 (C.55:13A-3), the structure or
specific units of the structure of a cooperative as defined in section 3 of
P.L.1987, c.381 (C.46:8D-3), a unit of a condominium as defined in section 3 of
P.L.1969, c.257 (C.46:8B-3), or a site in a mobile home park as defined in
section 3 of P.L.1983, c.386 (C.40:55D-102), which site is leased to the owner
of a manufactured home, as defined in that section, that is installed thereon,
may only prohibit or otherwise regulate the smoking, vaping, or aerosolizing,
but not other consumption, of cannabis items, and further provided that
municipalities may not prohibit delivery, possession, or consumption of
cannabis items by a person 21 years of age or older as permitted by section 46
of P.L. 2021, c.16 (C.2C:35-10a);

���� (5)�� Is intended to permit
any person to possess, consume, use, display, transfer, distribute, sell,
transport, or grow or manufacture cannabis or cannabis items in a school,
hospital, detention facility, adult correctional facility, or youth
correctional facility;

���� (6)�� Is intended to permit
the smoking, vaping, or aerosolizing of cannabis items in any place that any
other law prohibits the smoking of tobacco, including N.J.S.2C:33-13 and the
�New Jersey Smoke-Free Air Act,� P.L.2005, c.383 (C.26:3D-55 et seq.). Except as
otherwise provided by P.L.2021, c. 16 (C. 24:6I-31 et al.), any fines or civil
penalties that may be assessed for the smoking of tobacco in designated places
shall be applicable to the smoking, vaping, or aerosolizing of cannabis items.

(cf: P.L.2021, c.16, s.48)

���� 2.��� Section 6 of P.L.1961,
c.56 (C.52:17B-71) is amended to read as follows:

���� 6.��� The commission shall
establish requisite standards for the training of law enforcement officers and
oversee the implementation of those standards.

���� The commission shall have the
authority:

���� a.���� To prescribe standards
for the approval and continuation of approval of schools at which police
training courses authorized by this act and in-service police training courses
shall be conducted, including but not limited to currently existing regional, county,
municipal, and police chief association police training schools or at which
basic training courses and in-service training courses shall be conducted for
State and county juvenile and adult correctional police officers and juvenile
detention officers;

���� b.��� To approve and issue
certificates of approval to these schools, to inspect the schools from time to
time, and to revoke any approval or certificate issued to the schools;

���� c.���� To prescribe the
curriculum, the minimum courses of study, attendance requirements, equipment
and facilities, and standards of operation for these schools and prescribe
psychological and psychiatric examinations for police recruits;

���� d.��� To prescribe minimum
qualifications for instructors at these schools and to certify, as qualified,
instructors for approved police training schools and to issue appropriate
certificates to the instructors;

���� e.���� To certify law
enforcement officers who have satisfactorily completed training programs and to
issue appropriate certificates to the officers;

���� f.���� To advise and consent
in the appointment of an administrator of police services by the Attorney
General pursuant to section 8 of P.L.1961, c.56 (C.52:17B-73);

���� g.��� (Deleted by amendment,
P.L.1985, c.491)

���� h.��� To make rules and
regulations as may be reasonably necessary or appropriate to accomplish the
purposes and objectives of this act;

���� i.���� To make a continuous
study of police training methods and training methods for law enforcement
officers and to consult and accept the cooperation of any recognized federal or
State law enforcement agency or educational institution;

���� j.���� To consult and
cooperate with universities, colleges, and institutes in the State for the
development of specialized courses of study for law enforcement officers in
police science and police administration;

���� k.��� To consult and cooperate
with other departments and agencies of the State concerned with police training
or the training of law enforcement officers;

���� l.���� To participate in
unified programs and projects relating to police training and the training of
law enforcement officers sponsored by any federal, State, or other public or
private agency;

���� m.�� To perform other acts as
may be necessary or appropriate to carry out its functions and duties as set
forth in this act;

���� n.��� To extend the time limit
for satisfactory completion of police training programs or programs for the
training of law enforcement officers upon a finding that health, extraordinary
workload, or other factors have, singly or in combination, effected a delay in
the satisfactory completion of the training program;

���� o.� (1)� To furnish approved
schools, for inclusion in their regular police training courses and curriculum,
with information concerning the advisability of high-speed chases, the risk
caused by them, and the benefits resulting from them, and to include any other
relevant police training courses that will assist the commission in providing
efficient training;

���� (2)� To consult the New Jersey
State Police with respect to its administration of police training courses or
programs for the training of law enforcement officers to be certified as a Drug
Recognition Expert for detecting, identifying, and apprehending drug-impaired
motor vehicle operators, and to consult with the Cannabis Regulatory Commission
established by
section
31 of P.L.2019, c.153 (C.24:6I-24) with respect
to
[
any
aspects of the course curricula that focus on impairment from the use of
cannabis items as defined by section 3 of P.L.2021, c.16 (C.24:6I-33) or
marijuana
]

developing standards and course curricula for certification as a Workplace
Impairment Recognition Expert in detecting and identifying an employee�s use
of, or impairment from, a cannabis item or other intoxicating substance, and
for assisting in the investigation of workplace accidents
.

���� p.��� (Deleted by amendment,
P.L.2022, c.65)

���� q.��� To administer and
distribute the monies in the Law Enforcement Officers Training and Equipment
Fund established by section 9 of P.L.1996, c.115 (C.2C:43-3.3) and make rules
and regulations for the administration and distribution of the monies as may be
necessary or appropriate to accomplish the purpose for which the fund was
established.

(cf: P.L.2022, c.65, s.8)

���� 3.��� This act shall take
effect immediately.

STATEMENT

���� Section 1 of this bill amends
section 48 of P.L.2021. c.16 concerning certain rights and obligations of
employers and employees concerning the use of cannabis items.

���� The bill provides that a drug
test for cannabis is not to be done as part of a pre-employment screening,
except for the employees outlined in paragraph (1) of subsection b. of 48 of
P.L.2021, c.16.� The bill provides an employer may determine to employ or not
to employ a Workplace Impairment Recognition Expert in the employer�s
discretion.� Nothing in subsection a. of section 48 of P.L.2021, c.16 is to be
interpreted to require that an employer use a Workplace Impairment Recognition
Expert for either drug testing or determinations of suspicion of an employee�s
usage of a cannabis item while engaged in the performance of the employee�s
work responsibilities.� Further, the use of the Workplace Impairment
Recognition Expert is not to be deemed the industry standard for testing or
making suspicion determinations.� An employer may use scientifically reliable
testing services and exercise its own judgment in making a good faith suspicion
determination.

���� The bill provides that an
employer is not to take any action which has the effect of prohibiting an
employee using cannabis products during non-work hours except under the
following circumstances:

���� (1)� Upon a determination by
an employer that the nature of the work of an employee at a critical
infrastructure facility or a construction site has an exceptionally high risk
of potential harm to other employees or to public safety if the employee were to
be impaired through the use of cannabis.� The approval to designate categories
of these employees, or a specific employee of an employer, is to be made by the
commission upon application of the employer.� The commission is responsible for
approving an application upon finding that the standards in the bill have been
met;

���� (2)� when the nature of the
work of an employee is operating, maintaining, constructing or repairing a
public utility that is subject to the jurisdiction of the Board of Public
Utilities;

���� (3)� when such actions are
required under the federal Omnibus Transportation Employee Testing Act of 1991,
49 U.S.C. s. 5331; or

���� (4)� when the employer is
subject to the Railway Labor Act, 45 U.S.C. � 151 et seq.; or

���� (5)� when the employee is a
law enforcement officer and the duties of the employment require the possession
of a firearm.

���� Section 2 of the bill amends
N.J.S.A. 52:17B-71 to require that the Police Training Commission consult with
the Cannabis Regulatory Commission with respect to developing standards and
course curricula for certification as a Workplace Impairment Recognition Expert
in detecting and identifying an employee�s use of, or impairment from, a
cannabis item or other intoxicating substance, and for assisting in the
investigation of workplace accidents.