But last week, Amazon, the second largest private employer in the country, announced it would no longer test job applicants for marijuana.
“It’s not like people are showing up high to work,” she said.
In 2019, a medical marijuana patient from New Jersey sued the online retailer, claiming Amazon fired him after a drug test even though he could legally use marijuana.
Phil Murphy will allow any employee — unless they work for the federal government or under certain federal contracts — to use weed in their free time.
Under the new law, employers can still conduct drug tests, but must pair them with a determination from a Workplace Impairment Recognition Expert who witnessed impaired behavior from the worker.
They fear legal action if they do nothing and a person is high and causes a workplace accident, but also if they fire someone for a positive test and are sued for discrimination.
“Doing it creates a potential legal issue and not doing it creates a potential legal issue,” said Sheila Mints, a healthcare and cannabis attorney with Capehard Scathard in Mount Laurel, said of marijuana drug testing.
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