{"id":29247,"date":"2023-09-07T08:00:09","date_gmt":"2023-09-07T12:00:09","guid":{"rendered":"https:\/\/www.veriheal.com\/blog\/?p=29247"},"modified":"2024-10-25T09:02:29","modified_gmt":"2024-10-25T13:02:29","slug":"a-guide-to-new-yorks-cannabis-workplace-policies","status":"publish","type":"post","link":"https:\/\/www.veriheal.com\/blog\/a-guide-to-new-yorks-cannabis-workplace-policies\/","title":{"rendered":"A Guide to New York’s Cannabis Workplace Policies"},"content":{"rendered":"

New York’s <\/span>Marihuana Regulation and Taxation Act<\/span><\/a> (MRTA), enacted in March 2021, restructured the state’s labor laws on cannabis use. <\/span>As cannabis gains traction and social acceptance, there’s an all-time high need for New York<\/a> employees (and employers) to understand the legal provision for cannabis use, both in the workplace and off work. Here’s a comprehensive guide on New York’s cannabis workplace policies.\u00a0<\/span><\/p>\n

Understanding New York’s Employee Drug Testing Policy<\/strong><\/h2>\n

New York’s MRTA introduced a trail-blazing development to cannabis workplace rules. New York’s cannabis policies<\/a> may lay the groundwork for other states to follow suit.\u00a0<\/span><\/p>\n

The ACT makes New York one of the first to largely prohibit employers from testing employees and applicants for cannabis use but with these exceptions:<\/span><\/p>\n

Mandatory Testing<\/strong><\/p>\n

Employers may conduct drug tests if required under state or federal law or if they risk losing federal benefits without drug testing.<\/span><\/p>\n

Cannabis Impairment<\/strong><\/p>\n

If an employee displays specific and articulable symptoms of cannabis impairment that interfere with their job duties or workplace safety, the employer may screen for drug use.\u00a0<\/span><\/p>\n

By law, merely perceiving a cannabis-like smell on staff isn’t a sufficient cause for a drug test.<\/span><\/p>\n

New York’s Cannabis Workplace Policies on Sealing Prior Cannabis Convictions<\/strong><\/h2>\n

New York’s Cannabis Control Board has taken a progressive step to expunge around 203,000 cannabis-related charges from background checks. As part of the MRTA, these records will be (sealed) taken off public space or expunged(wholly wiped out), granting one-time cannabis convicts a fresh start.<\/span><\/p>\n

Workplace Cannabis Use and On-Call Shifts<\/strong><\/h2>\n

Although you may use cannabis, never around the workplace, whether through infused foods and beverages or during breaks.<\/span><\/p>\n

Note that on-call shifts are regarded as “work hours”; hence, it is expected you stay off cannabis during these periods.<\/span><\/p>\n

New York’s Cannabis Workplace Policies on Remote Work and Off-Site Use\u00a0<\/strong><\/h2>\n

If you work from another state, the New York marijuana laws<\/a> might not protect you.<\/span><\/p>\n

If you work from home, your home isn’t considered a “workplace.” However, your employer can take action if you show signs of being impaired by cannabis during work hours and may enact rules for using cannabis while working.<\/span><\/p>\n

Employers can’t stop workers from using cannabis while on leave or off the workplace, except for reasons highlighted in the Labor Law exceptions.<\/span><\/p>\n

Your employer may ban cannabis use in a company vehicle, even if you use it after work hours.<\/span><\/p>\n

Prohibiting Cannabis Use as a Condition of Employment<\/strong><\/h2>\n

Employers are forbidden to ask employees to waive their cannabis use rights as a condition of employment. <\/span>Section 201-D of the state Labor Law<\/span><\/a> strips employers of the right to compel employees or applicants into giving up their rights to legal cannabis.<\/span><\/p>\n

Balancing Medical Cannabis Use in the Workplace<\/strong><\/h2>\n

The Compassionate Care Act protects certified medical marijuana patients in New York.<\/span><\/p>\n

Employers, however, may still impose restrictions under specific circumstances:<\/span><\/p>\n