For many years, employers have struggled with challenges relating to employees’ use of alcohol and prescription drugs, and the impact of those substances on the employees’ work. Now, employers face a whole new arena of substance-related challenges in states where marijuana has been legalized for medical and/or recreational use, or decriminalized.

Nationwide, laws regarding marijuana are in flux, and employers are struggling to adopt appropriate policies. Notably, state laws vary greatly as to who is covered by the law, the quantity of marijuana permitted, who has access to it, and how and in what form it may be obtained. Adding to this complexity is the growing conflict between state and federal laws, which creates confusion for employers, especially those who are obligated to abide by federal law for receipt of funding or otherwise. In New Jersey, marijuana has been approved for medical use, and may soon be permitted for recreational use as well, raising both legal and practical issues for employers. For example, employers will need to determine whether to modify their policies regarding substance abuse and drug testing, and whether—and, if so, how—they must accommodate employees who use marijuana for medical reasons.

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