New York Marijuana Employer Guidelines“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.
New York personal and medical use of marijuana.
Medical Use: On July 5, 2014, Governor Cuomo signed into law the New York Compassionate Care Act . 3369. Protections for the medical use of marijuana. Certified patients, designated caregivers, practitioners, registered organizations, and the employees of registered organizations shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, solely for the certified medical use or manufacture of marijuana, or for any other action or conduct in accordance with this title.
On June 18, 2018, a bill was passed where doctors can now be able to prescribe medical marijuana as an alternative to painkillers and addiction treatment medicines along with other medical conditions.
Non-discrimination. Being a certified patient shall be deemed to be having a "disability" under article fifteen of the executive law (human rights law), section forty c of the civil rights law, sections 240.00, 485.00, and 485.05 of the penal law, and section 200.50 of the criminal procedure law. This subdivision shall not bar the enforcement of a policy prohibiting an employee from performing his or her employment duties while impaired by a controlled substance. This subdivision shall not require any person or entity to do any act that would put the person or entity in violation of federal law or cause it to lose a federal contract or funding.
Personal Use: Previous attempts to legislate personal use of marijuana in this state have failed. However, there continue to be legislative efforts, so the existence of such a provision may change in the near future.
For more information regarding marijuana at work, refer to Info Cubic’s Drug Screening compliance corner.