Changes to cannabis law in New York impact the hiring and drug-testing policies of companies, as well as employee behavior. With cannabis being legalized, an employer needs to know the specifics of its activity in the workplace.
For companies, the main question often boils down to: Is it legal for the employer to do something about the employee’s use of cannabis?
The answer will depend on the details: where, when, and how cannabis has been used, as well as the employee’s behavior.
New York Labor Law Section 201-d mainly protects employees from being negatively affected by using cannabis after working hours.
At the same time, employers have the right to take action if the employee in question is under the influence of cannabis and thus unable to work safely.
Understanding New York Cannabis Employment Laws
In New York, the Marijuana Regulation and Taxation Act has changed the status of cannabis in the state.
According to New York Labor Law Section 201-d, employees cannot be harassed or discriminated against just because they legally consume cannabis outside their workplace.
The protection applies to public and private entities, regardless of their size or type. This means that the fact that an employee legally used cannabis when he or she was not working cannot be a reason for the employer to fire, refuse to employ, or punish the employee.
However, this does not mean that cannabis consumption is allowed at the workplace.
You may also like: Is Cannabis Legal in Your State? A Quick Guide
Can Employers Prohibit Cannabis Use at Work?.
Employers have every right to prevent workers from using marijuana on the job and taking steps against anyone who is under its influence at work.
They also have the right to decide whether or not marijuana may be brought onto their premises. Examples of such areas are offices, company vehicles, lockers, and so on.
A dividing line exists between workplace and non-workplace marijuana use. For instance, an employee may legally use marijuana after the working day at home but is not allowed to come to work under the influence and/or use cannabis during work hours.
Can New York Employers Drug Test Employees for Cannabis?
Employers have every right to prevent workers from using marijuana on the job and taking steps against anyone who is under its influence at work.
They also have the right to decide whether or not marijuana may be brought onto their premises. Examples of such areas are offices, company vehicles, lockers, and so on.
A dividing line exists between workplace and non-workplace marijuana use. For instance, an employee may legally use marijuana after the working day at home but is not allowed to come to work under the influence and/or use cannabis during work hours.
What If an Employee Appears Impaired at Work?
Laws in New York do not ask business owners to turn a blind eye to any impairment at work.
As such, business owners can take action against their employees if they show an observable, identifiable level of impairment at work.
A person could test positive for THC and still not display any impairment.
Employers should therefore look for an employee’s actions at work instead of relying only on the fact that the employee consumed cannabis outside of work.
For example, any drastic changes in coordination, actions, job, or duties that pose a danger might indicate that there could be an issue at the workplace.
Can Employers Ask Employees About Cannabis Use?
Indeed, employers should refrain from inquiring about the employee’s use of cannabis outside of work if such use is covered by New York law. Employers, too, cannot compel employees to relinquish their rights under Labor Law Section 201-d as a prerequisite for being hired.
Hence, it follows that companies will need to review the interview questions they ask, the manuals used for employees, the forms utilized for hiring, and the policies instituted in the workplace so as not to accidentally contravene New York cannabis employment statutes, regulations, and laws.
Medical Cannabis and Employment
Using medical marijuana can offer some employment benefits.
In New York, individuals holding medical marijuana cards are considered and covered under disabled status, meaning being a medical marijuana patient cannot be grounds for discriminatory treatment against an employee. However, being considered under disability law as a medical marijuana patient does not mean a worker can perform while impaired.
Thus, employers should consider the necessity for reasonable accommodations while ensuring workplace safety and effectiveness.
Due to the similarities in medical marijuana laws and laws on disabilities, an employer is advised to seek legal counsel when dealing with this matter.
How Should Employers Update Their Workplace Policies?
A clear workplace policy can help prevent confusion.
Employers should consider reviewing policies related to:
- Cannabis and drug use at work
- Workplace impairment
- Drug and alcohol testing
- Employee conduct
- Safety-sensitive positions
- Company vehicles and equipment
- Medical cannabis accommodations
- Disciplinary procedures
Policies should clearly explain that while legal cannabis use outside the workplace may be protected, cannabis use or impairment during work can still be subject to workplace rules.
Employers should also make sure managers and supervisors understand the difference between cannabis use and observable impairment.
What Employers Should Remember
New York’s cannabis employment laws are not about giving employees unlimited freedom at work. They are about balancing an employee’s legal off-duty conduct with an employer’s responsibility to maintain a safe, productive, and compliant workplace.
The safest approach for employers is to:
- Review existing drug and alcohol policies.
- Make sure cannabis-related policies comply with New York law.
- Avoid relying on cannabis test results unless an applicable exception allows testing.
- Focus on documented workplace conduct and observable impairment.
- Train managers on how to handle suspected workplace impairment.
- Consider medical cannabis and disability-related protections when applicable.
- Seek professional legal advice when a situation is unclear.
New York’s cannabis laws continue to interact with employment, workplace safety, disability, and federal requirements. Employers should regularly review their policies rather than relying on outdated drug-free workplace rules.
You may also like: Choosing the Right Business Structure for a Cannabis Company
Frequently Asked Questions
Can an organization fire its employee if the latter consumes cannabis outside of his/her working hours?
Normally, no. If the employee uses cannabis outside working hours and away from the workplace, the latter does not breach New York State labor law.
Can organizations prohibit employees from consuming marijuana at their workplace?
Yes. Organizations have the right to prohibit employees from consuming marijuana at work and should act if they notice their employee being under the influence of marijuana during work hours. Organizations may also prohibit bringing marijuana to their property according to current law.
Are New York organizations entitled to conduct drug tests on their employees?
In general, an organization cannot conduct drug testing on its employees unless the law permits them to do so. Some positions are subject to different rules due to federal law.
What is an employer’s duty if an employee is under the influence at work?
When determining if an employee is under the influence, a business owner must recognize observable signs of impairment and the impact it can have on job performance or safety. The New York law allows actions to be taken against the employee if they are impaired while at work.
Do companies have to make necessary changes in their employee handbook to comply with New York marijuana regulations?
Yes. Employers should take time to review their company’s policies surrounding drug use, testing, discipline, and hiring in order to comply with the current New York requirements. It is advisable to seek legal counsel for clarification on any aspects of labor/employment law.
