While we wait for the air to clear around New Jersey's Cannabis Regulatory Commission's (CRC) standards for its new Workplace Impairment Recognition Expert (WIRE) certificate, employers need clarity regarding workplace cannabis policies and procedures. This article addresses ambiguities surrounding WIRE certification, procedures regarding adverse employment actions in relation to cannabis, and the potential workplace implications of appointing or contracting a WIRE.  

It is presently unclear what standards a WIRE must meet to be certified by the CRC, whether a certified WIRE must maintain credentials by continuing education, or whether a WIRE will have to meet certain prerequisites before applying for certification. Further, because CRC guidelines are not intended to supplant existing workplace policies, it is unclear what, if any, presumptions will be afforded to determinations made by a WIRE as distinct from a determination by management or human resources, if an employee contests a determination of workplace impairment.