{"id":4308,"date":"2021-11-05T04:20:12","date_gmt":"2021-11-05T11:20:12","guid":{"rendered":"https:\/\/www.dispensaries.com\/blog\/?p=4308"},"modified":"2021-11-05T09:32:41","modified_gmt":"2021-11-05T16:32:41","slug":"marijuana-drug-test-in-new-york","status":"publish","type":"post","link":"https:\/\/www.dispensaries.com\/blog\/marijuana-drug-test-in-new-york\/","title":{"rendered":"In New York, Workers Don\u2019t Need to Worry About Marijuana Drug Test"},"content":{"rendered":"

Employers use of marijuana drugs tests remains one of the big issues surrounding legalization of cannabis. But, at least for workers in New York, that is not a concern. They can enjoy cannabis on their own time without fear their boss will fire them the next day.<\/p>\n

New York legalized recreational marijuana this year. The New York Labor Department recently issued guidance to employers on how to handle cannabis use among employees. They did so to deal with a situation that has come up across the country<\/a> \u2013 the ability for employees to use cannabis during their off hours without losing their job because of a failed marijuana drug test.<\/p>\n

The new guidance states<\/a> that employers cannot drug test employers for cannabis, even if it is still illegal under federal law. They also cannot prohibit employees from using cannabis in their off hours or make a promise to not use cannabis a condition of employment.<\/p>\n

The Problem With Drug Testing For Cannabis<\/h2>\n

As has repeatedly been the case in other parts of the country, the main issue with drug testing for cannabis is that THC, the active chemical in cannabis that causes the high, is still detectable for days and even weeks after use.<\/p>\n

That makes drug testing for cannabis extremely difficult as a tool for proving someone is \u201cunder the influence\u201d like law enforcement agencies do with breathalyzer tests for alcohol. This is one reason many companies, including Amazon, have stopped using marijuana drugs tests in pre-employment screenings<\/a>.<\/p>\n

The New York Labor Department addressed this issue. Referring to incidents in which employers suspect that an employee is under the influence, they wrote: \u201cA test for cannabis usage cannot serve as a basis for an employer\u2019s conclusion that an employee was impaired by the use of cannabis, since such tests do not currently demonstrate impairment.\u201d<\/p>\n

They also wrote that employers cannot fire an employee because they believe they smell cannabis on them. They also cannot create a policy prohibiting employees from using cannabis outside the workplace.<\/p>\n

There Are Exceptions to These Rules<\/strong><\/h3>\n

While the guidance should allow employees the right to enjoy legal cannabis outside of work without fear of a marijuana drug test, the guidance does give employers options for dealing with those who show up to work under the influence or possess cannabis at the workplace.<\/p>\n

The guidance states that employers can:<\/p>\n