New York bans employers from testing their workers for marijuana

Written by on 25 October, 2021

A new measure, announced by the New York Department of Labor, indicates that employers in the state cannot perform a drug test on their workers for marijuana.

While other states have loosened their marijuana policies, New York appears to be the first to prohibit employers from testing for THC, with limited exceptions for certain categories of workers, reports Marijuana Moment.

It is worth mentioning that employers can still penalize their workers for not being sober or impaired on the job. However, the new rules place a high threshold for proving such a state, even the smell of cannabis is not sufficient evidence on its own to be presented as evidence.

Also, under the new policy, employers could prohibit employees from possessing marijuana while on the job. The move comes after the state of New York ended its ban on recreational cannabis this year.

The legalization bill signed into law in March by former New York Governor Andrew Cuomo broadly prohibits discrimination against employees who use marijuana while off-duty, with some exceptions, such as those regulated by the federal Department of Transportation.


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