It’s the Most Wonderful Time of the Year!

The Holidays annually afford us cause for pause and reflective time to give thanks for our blessings. 

This year, Christmas came early for Cassandra Consultants!  

On December 18, the New Jersey Supreme Court Board on Continuing Legal Education approved our ground-breaking Workplace Impairment Recognition Expert (“WIRE”) training for continuing legal education (“CLE”) credit.  This development enables New Jersey licensed attorneys to satisfy their biennial professional learning requirement through the acquisition of 2.5 CLE, while simultaneously joining the vanguard of subject matter experts in a little known – and less understood – space. 

On September 9, 2022, the New Jersey Cannabis Regulatory Commission (“CRC”) released Interim Guidance for Garden State employers.  The measures reflect best practices by which to confront employees who evince symptoms consistent with on-the-job cannabis impairment. Nearly two and a half years later, an alarming percentage of employers remain dangerously ignorant of the employee rights and corporate responsibilities which arise under the revolutionary Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”).  

Recall (or learn) that any New Jersey entity with a headcount of one or more is a qualified entity subject to the WIRE requirements. Perhaps surprisingly, the most recent New Jersey Department of Labor’s Quarterly Census of Employment and Wages reports that an estimated 81% of in-state employers have a census of 9 or fewer staffers.  

Process that sobering statistic for a moment.

Then consider every “Mom and Pop” shop you encounter on a daily basis: the nail salon; the corner deli; the landscaper.  Each and every one exposed to the existential threat of costly, protracted litigation and potentially punishing attorneys’ fees. 

Now ask yourself: Is my company in jeopardy?  Are you vulnerable? If you don’t know, then you are. Where there’s doubt, there’s no doubt. 

Risk mitigation begins with acknowledgment of a 3-step process of (1) awareness (“This is a thing?”); (2) education (“What is this thing?”); and (3) action (“What do we do about this thing?”). 

Apropos of the season, let’s look at a trio of Yuletide wisdom.  

Awareness: Yes, Virginia, CREAMMA Did Create the WIRE

While most employers recognize their obligation to maintain a non-discriminatory workplace, an alarming super-majority appear to be either blissfully unaware or blithely unconcerned regarding the emergence of liability arising from employee off-the-clock consumption of cannabis and a rapidly expanding assortment of THC-infused products. 

CREAMMA explicitly prohibits the imposition of an adverse employment action (e.g., non-selection of a job applicant; suspension/demotion/termination of an existing employee) on the sole basis of cannabinoid presence in a urine sample.  Unlike alcohol, which can be readily detected by administration of a Breathalyzer, there is no scientifically reliable equipment by which to confirm cannabis impairment.  Put simply, presence does not equal impairment.  For this reason, the New Jersey Supreme Court mandated that employers utilize physical observation as the new gold standard by which to satisfy the evidentiary standard of Reasonable Suspicion.
 

Education: “You are fettered,” said Scrooge. “Tell me why.” 

Upon learning of the WIRE’s existence, corporate leadership must understand its various mandates. 

First, an employer must maintain a standard operating procedure (“SOP”) for universal application in instances of suspected workplace cannabis impairment.  Cassandra Consultants offers drafting services which seasonably supplement existing employee handbook content. 

Next, an individual known as a Qualified Observer must perform the initial interaction and record her/his/their findings on a Reasonable Suspicion Observation Form.  Cassandra Consultants has designed copyright-protected work product which captures detailed data in an easy-to-use format.  The documentation is thereafter preserved throughout the statutory record retention period.  

Third, at least one supervisory – preferably managerial – level individual or outside contracted vendor must be WIRE certified.  In the absence of state action, Cassandra Consultants has emerged as the premier private sector solution for the provision of initial training consistent with the NJ-CRC Interim Guidance.  Our proprietary on-line learning management system, CCWIRETraining, was designed by New Jersey’s leading drug recognition expert (“DRE”) and reflects the multi-disciplinary input of our nationally acclaimed Advisory Council.  Our asynchronous instruction is unparalleled, self-paced, and accessible 24 hours a day, 7 days a week, 365 days of the year.

Action: “I will honour Christmas in my heart and try to keep it all the year.” – Ebenezer Scrooge  

Knowing a problem exists does not, in and of itself, remedy the dilemma. 

Unlike the Dickensian question, “Are these the shadows of the things that will be, or are they shadows of things that may be only?”, cannabis impairment in the workplace is an inevitability. 

According to a 2023 Stockton University poll, approximately one-third of New Jersey adults have consumed cannabis or cannabis products since the state legalized purchase and personal use for individuals 21 years of age or older.  Set against census data which puts the population at roughly 8.9 million residents, one can easily appreciate the magnitude of this compliance challenge.  

As 2024 draws to a close, responsible corporate citizens have the opportunity to seize upon certification which will position them to proactively plan for that fateful day. 

Is shielding your business worth $249 and 2 hours?  If so, please visit https://ccwiretraining.com/courses/certified-wire-training and use promo code “MERRY” before the Ball drops on New Year’s Eve 2024. 

We wish you a very Merry Christmas and happy, healthy Holidays.