July 10, 2023 - New York law provides protections to cannabis users (though the degree of protection varies based on whether the use is medical or recreational). As a result employers, who may not be high on the idea of a pot-infused workplace, must navigate this often complex area of law. This article explores how New York law mediates the competing interests in this area.

In previous columns, we have covered New York's attempts to roll out its adult-use cannabis program under the Marihuana Regulation & Taxation Act ("MRTA"), which was signed into law in March of 2021. However, in addition to ushering in adult-use cannabis, the MRTA also revamped New York's medical marijuana law — which was previously governed by New York's Compassionate Care Act (which was in place since 2014) — expanding access to the program and amending New York Labor Law 201-d to provide protections to employees.

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New York Labor Law protection for off-duty cannabis use

Subject to certain limitations, the general rule is that most employees of private sector employers will be protected employees to use cannabis recreationally on their own time, off of the employer's premises and without use of the employer's equipment or other property ("Private Use"). This protection means that "[u]nless otherwise provided by law, it shall be unlawful for any employer or employment agency to refuse to hire, employ or license, or to discharge from employment or otherwise...

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