The majority of New York employers are barred from drug testing employees for off-the-clock cannabis use, according to new guidance. The New York State Department of Labor (DOL) released new guidance regarding legalized recreational marijuana use and the workplace including the new worker protections.
The DOL published amendments to an existing labor law entitled New York Labor Law 201-D: Adult Cannabis in the Workplace, including specific guidelines about drug testing for cannabis in the workplace.
New York’s bill to legalize adult-use cannabis, approved last March, already prohibits most employers from conducting against off-the-clock cannabis use. New York’s Marijuana Regulation and Taxation Act (MRTA) was intended to create a