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Recreational marijuana and the workplace: Employers won’t be able to screen for it

Employers in New York are going to have to navigate the complexities of legalized recreational marijuana use after lawmakers put the final touches on a bill expected to pass with the budget.

A deal has been reached on legalizing recreational marijuana, but what does that mean for employers? The rules will be similar to those governing alcohol and cigarettes.


That said, employers will still be permitted to prohibit use or possession of marijuana on-site during work hours. Being impaired at work will still be subject to disciplinary action, according to attorneys.

This bill prevents employers from telling workers what they can- and cannot do outside of work. That said, in drug screening- marijuana will no longer be flagged.

So, employers that previously required a drug screening- will not be able to flag employees based on marijuana use. The exception will be those who have federal jobs. Why though? That’s because marijuana remains illegal at the federal level.



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