March 2026
On January 13, 2026, New Jersey approved P.L.2025, c.325, which amends the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA). The amendment does not overhaul the law but does significantly change important elements of the law that relate to assessing employee impairment, determining which substances qualify as intoxicating “cannabis items,” and, for cannabis employers, conducting employee background checks.
Changes to the Workplace Cannabis Impairment Evaluation Process
The amended statute changes how employers evaluate potential cannabis impairment during work hours. Previously, the Cannabis Regulatory Commission (CRC) had asserted its intent to partner with the NJ State Police to develop a process to train and certify “full- or part-time employees, or others contracted to perform services on behalf of an employer” to serve as “Workplace Impairment Recognition Experts” (WIRE) within an organization. With the amendment, the CRC will instead work in consultation with the NJ Department of Labor and Workforce Development (NJDOL) to create those same standards for individuals to be certified as a “Workplace Impairment Recognition Evaluator.”
When completed, the CRC’s certification process will determine the standards both for the WIREs and the third-party organizations which train them. CREAMMA requires the CRC to establish minimum curriculum standards for third party organizations which seek to offer WIRE certification training. The statute makes clear that WIRE training is intended to prepare individuals for “detecting and identifying an employee’s usage of, or impairment from, a cannabis item or other intoxicating substance, and for assisting in the investigation of workplace accidents.” It also states that any person who completes a CRC-approved WIRE training program “shall be issued a certification.”
Now what? The new WIRE certification process must now be put into action. Per the amendment, the CRC will work in consultation with the NJDOL to create the standards third-party trainers will use to qualify individuals to be certified WIREs.
EANJ will keep you posted.
Expanded Definitions Now Include Delta-8 and other “Intoxicating Hemp Products”
CREAMMA’s definition of “cannabis item” now defines and covers “intoxicating hemp products,” including hemp derived delta8 and similar THC analogs. Such hemp products which exceed the .5 milligrams per serving THC limit set out in the amended definition will now be regulated the same way as cannabis-derived delta‑8 and similar THC analogs.
More Flexible Hiring Screening Rules for Cannabis Employers
The amended law allows the Cannabis Regulatory Commission (CRC) to exempt certain workers – potentially including entry level roles – from background check requirements. Disqualifying convictions are now limited to substantially related indictable offenses within the last five years, and prior cannabis related convictions may not be considered. This change expands hiring flexibility and reduces barriers for job seekers‑level roles‑check requirements. Disqualifying convictions are now limited to substantially related indictable offenses within the last five years, and prior cannabis‑related convictions may not be considered. This change expands hiring flexibility and reduces barriers for jobseekers.