When New York lawmakers made recreational use of marijuana legal, they also made it illegal for most employers in the state to drug test workers for cannabis.
Labor and employment attorneys say the new landscape is likely to cause confusion about what employers can require and what workers can expect.
With New York's first recreational cannabis shops open and more to come, attorneys say they expect to hear from employers unsure of how legalization impacts their workplace drug policies.
Use and possession of marijuana was legalized in March 2021 with the signing of the Marijuana Regulation and Taxation Act. New Yorkers 21 and over may smoke or vape cannabis in most places where smoking tobacco is permitted, but use is prohibited in vehicles, whether moving or parked; in outdoor dining areas of restaurants, and in public parks.
The act also amended existing labor law to make it illegal for employers — with a few exceptions — to screen job candidates or employees for marijuana use. Even if they suspect an employee is high on cannabis at work, they can't use a drug test to prove that.
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The bottom line is that most employers "can’t test for marijuana anymore at all,” said Kathryn Russo, an employment attorney specializing in workplace drug issues with Jackson Lewis P.C. in Melville.
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