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New Jersey State Drug Testing Laws

Workplace Drug Testing Issues – New Jersey State Laws

These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

New Jersey employers should only conduct post-accident drug testing when they believe the individual caused or contributed to the accident.

March 2019 – a disabled employee may sue his former employer under the New Jersey Law Against Discrimination (“NJLAD”) for alleged discrimination based on the employee’s use of medical marijuana. Wild v. Carriage Funeral Holdings, Inc., et al., Docket No. A-3072-17T3 (N.J. App. Div. March 27, 2019).

February 2021 – Legislation signed into law on February 22, 2021 – Marijuana is now legal in New Jersey

Workplace Drug Testing Laws in New Jersey

Drug Testing IssueStatusComments
Instant or POCT TestingRestrictedTesting location may need to be licensed through the state as a laboratory. Both Quest Diagnostics and LabCorp perform instant testing at their drug testing centers.
Drug PanelsNo restrictions 
LaboratoryLicensing requiredSAMHSA certification recommended
Medical Review OfficerNot requiredHighly recommended
Random TestingRestrictedSafety-sensitive employees when a legitimate business necessity exists.
Post-AccidentLimitedDrug testing policies should limit post-incident testing to situations where there is reasonable suspicion of employee drug or alcohol use.
Reasonable SuspicionPermittedDocument reasonable suspicion
Oral FluidsNo restrictions 
Hair TestingNo restrictions 
Unemployment DenialYesMust have a DFW policy
Workers Comp DiscountNo 
Intoxication DefenseYesThe defense of willful misconduct or negligence
Medical MarijuanaYesSenate Bill 119 (48-14 H; 25-13 S), no requirement for an employer to accommodate the medical use of marijuana in any workplace
Recreational MarijuanaYESThe laws signed 02/22/2021 allow the possession and use of marijuana by anyone over 21 years old within the state of New Jersey.
Report Driver DOT PositivesNo 
General Statute The rules in New Jersey do not derive from a statute directed explicitly at limiting workplace drug testing. No such regulation exists in New Jersey. Instead, New Jersey rules stem from related court decisions.

Based on case law, a comprehensive written drug-free workplace policy is critically important.

Intoxication Defense – Denial of Workers Compensation Claim – The proof necessary to establish that the intoxication is the sole and proximate cause of the injury makes the defense extremely somewhat hard to prove. The same standard applies to alcohol intoxication and illegal drug use. What is important is that everything is documented, including witness statements.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law vary greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.

View Individual State Law Summaries

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