New Jersey Drug Laws
New Jersey Drug Laws & How To Pass A Drug Test in 2018. Whether you want the most current information on New Jersey drug laws or you need to learn how to pass any drug test in New Jersey, you have come to the right place.
Do You Need To Pass A Drug Test In New Jersey?
New Jersey Drug Laws And Regulations Are Tough. This information has been specifically developed for those individuals in New Jersey who are concerned with learning how to pass a drug test specifically in New Jersey.
First, we are not attorneys and can not provide legal advice on New Jersey Drug Laws And Regulations. This can only be done with an Attorney. It is very important you seek professional advice skilled with the ins and outs of New Jersey drug laws and those drug laws specific to your location in New Jersey. You need to make the choice of when and were to see legal advice.
Second, for those of you who are concerned with those New Jersey Drug Laws being applied to you, we offer not only information to pass a drug test in New Jersey, but specific information on various drug laws and regulations in New Jersey. In you live in New Jersey and want to pass a drug test in New Jersey, you need this information.
There Are Four Major Drug Tests Given In New Jersey.
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in New Jersey. We will also provide information on how to detoxify your body completely and permanently.
How To Pass A Drug Test For Urine. The Urine Drug Test is the most common due to its simplicity to administer, accuracy and immediate results according to New Jersey drug laws. The urine drug test is also the easiest to beat.
How To Pass A Drug Test For Saliva. The Saliva Drug Test can be given at anytime, anywhere and by anyone according to New Jersey drug laws. The saliva drug test results are also very accurate and immediate.
How To Pass A Drug Test For Hair. The Hair Drug Test can detect drug usage in any hair that was growing anywhere on your body at the time you used the drug according to New Jersey drug laws. You are at risk for at least 90 days from your use.
How To Pass A Drug Test For Blood. The Blood Drug Test is very accurate and must be given by a heath care professional according to New Jersey drug laws. It is most often given by insurance companies or law enforcement.
How To Detoxify Your Body Completely. If you have 5 days you can detoxify your body completely and permanently. You can be toxin free until you choose to reintroduce new ones.
New Jersey Drug Laws For Employees.
New Jersey statutes don’t address drug testing in private employment. Although many states have passed laws regulating or restricting an employer’s right to require drug testing, New Jersey has not. New Jersey legislation does not address drug testing in private employment.
The Supreme Court of New Jersey has ruled on drug testing in private employment. In Hennessey v. Coastal Eagle Point Oil Co., the Court found that the validity of an employer’s policy of random drug testing had to be weighed on a case-by-case basis, taking into account the employee’s job responsibilities. In that case, the employee was fired for failing a random drug test and sued for wrongful termination in violation of public policy. The Court ruled against the employee, finding that his job posed a significant risk to public safety and, therefore, that the employer’s interest outweighed the employee’s right to privacy.
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in New Jersey? Even though New Jersey Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.
Here are some examples:
- Violation of New Jersey Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An New Jersey employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
- Disability Discrimination. An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
- Other Discrimination Claims. An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
- Invasion Of Privacy. Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
- Defamation. An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
Breakdown Of New Jersey Drug Laws.
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Federal law doesn’t have much to say about drug testing except for certain employers such as transportation, nuclear energy, and military contracting industries that are heavily regulated by the federal government. Many states or even some local governments often do regulate drug testing. For a more comprehensive look at Federal, State or Local Drug Testing Laws see Workplace Drug Testing Laws.
The New Jersey Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in New Jersey Are For Breaking New Jersey Drug Laws For Marijuana, Not Federal Or Local Laws.
New Jersey drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in New Jersey behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in New Jersey using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. New Jersey is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.
Overview Of New Jersey Drug Test Laws.
- Who Must Test – The board of education may require that its employees and job aspirants to go through a medical exam that includes drug testing. Workers in jobs involving high risk may also be asked to undertake such tests. This is essentially done to ensure that there is no risk to self or other colleagues in the workplace.
- State Law – New Jersey is a mandatory state and if an employer plans to conduct drug testing on an employee or a candidate, there must be adherence to the state law. There is a limitation on random testing laid down by the state supreme court. Random drug testing may be carried out only on safety-sensitive workers.
- Cost Of Testing – This is the first question that comes up in the mind of the person since drug testing is quite expensive. This is not specified under NJ state laws. There is a general prohibition against corporations passing the cost of medical exams to employees and candidates.
- Defrauding Drug Test – An individual who sells a substance that is designed to defraud a drug test that is administered as a condition for gaining or continuing employment is considered to be a criminal. The degree with which the severity of the crime is treated varies on the basis of the crime.
- Written Policy – A law does not have to be written as a drug testing policy since it overrules the absence or presence of one. However, for clarity to pervade during events like compensation claims and unemployment, the company must maintain a written policy about its stand on drug testing.
- Notices – The state does not require the organization to maintain notices about drug testing. So, an employee cannot stake a claim on the absence of this type of communication.
- Consequences of Drug Testing – The consequences of drug testing are not laid down by the state laws or by previously upheld decisions. The company may use its discretion based on the severity of the report and the nature of work the individual is expected to or has been carrying out. An unfavorable report of a drug test may lead to loss of a job or may lead to prosecution if it is found that the individual had endangered public safety.
- Specific Drugs Tested – The law does not define the drugs that may be tested as a part of the procedure. If the individual has been on any type of medication, it is advisable to mention it before the test. Even painkillers and antibiotics can show up and mar the report.
- Agency For Drug Testing – No legally authorized agency has been identified for carrying out drug testing. The employer may choose any agency that it trusts for carrying out the process.
- Method Used – The agency may use any accepted methods for drug testing. There is no legal sanction required for deciding on the process used for the exercise.
Federal Laws On Drug Testing
The Federal Drug Laws can be confusing and even sometimes seem to be in conflict with the New Jersey Drug Test Laws. Their are specific and rather complex guidelines that Health And Human Services have published entitled Mandatory Guidelines for Federal
Workplace Drug Testing Programs. Please review this information if you feel it is appropriate in addition to the New Jersey Drug Laws.
Federal Government Overview Of Drug Testing.
If you review the attached Federal Government / CDC Resource Guide you will know what the people giving the tests are trained to look for and the information they have as an instruction booklet. This would be in addition to the information what you have learned specifically about the New Jersey Drug Laws.