May 4, 2023

Since the legalization of marijuana on March 31, 2021, New York employers could not run drug tests for marijuana use. According to the Marijuana Regulation and Taxation Act, the only exception concerned federally mandated testing. However, many employers still do not fully understand the law. As a result, there is a chance that your employer could violate your rights if you use marijuana. The best way to ensure no one violates your rights is by understanding how this law protects those rights.

Here are the primary protections provided by the law. 

Off-Duty Marijuana Use Protections

According to New York’s Lawful Activities Law, New York employers cannot discriminate for lawfully using marijuana outside of work hours. As such, they cannot discriminate in the hiring, employment, or discharging processes when the employee is not working, on the employer’s premises, and not using their employer’s equipment or property. In addition, an employer can’t perform a drug test for marijuana use because drug tests for marijuana cannot confirm whether the accused worked while impaired.

Employers Can Prohibit On-Duty Marijuana Use and Impairment

The New York Department of Labor provided exceptions to the rule about drug testing for marijuana. For example, employers may require a drug test if you display symptoms of impairment, though they cannot take adverse action if you test positive. In addition, this law does not apply when federal law mandates drug testing for marijuana.

Furthermore, employers may prohibit marijuana use in the workplace and anywhere on the business’s premises. You must adhere to your employer’s drug-free policies. These policies may prevent you from using marijuana on your breaks, lunch hours, or in their parking lot, even if you sit in your car.

As such, employers have no obligation to tolerate impairment due to marijuana use during work hours. You should not risk using marijuana on the difficulty in determining impairment with current marijuana drug tests. Employers can still discipline you based on impaired behavior they observe, though they cannot assume impairment based on smell alone.

Final Thoughts

Employers cannot discriminate against you due to off-duty marijuana use in hiring or employment. However, your employer can conduct drug testing for marijuana if mandated by federal law. Furthermore, they can still discipline you for working while impaired. 

Though employers cannot refuse to hire you based on the legal use of marijuana, they could take adverse action based on background check reports. In light of this, running a self-background check is prudent. Self-checks can identify errors or inaccuracies in your background report that could lead to difficulties with employment. They can also prepare you for questions the potential employer imposes.

Try running a self background check today and give yourself a head start on your next job opportunity.

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