New York
Information provided is current as of February 1, 2024, and companies are encouraged to consult with legal counsel on these types of complex matters.
Cannabis Legalization History
Adults over the age of 21 are allowed to possess up to 3 ounces of cannabis flower and up to 24 grams of cannabis concentrates.
Smoking and vaping any products, including cannabis, are not allowed in public areas of buildings and most workplaces. Other areas where smoking and vaping are not allowed include, but are not limited to, restaurants, bars and public spaces like parks and beaches.
State Regulatory Agency Information
State Testing Policy
New York's drug-free workplace policy for private employers is complex and has gone through significant changes recently. Additionally, exceptions exist for safety-sensitive positions where drug testing might be allowed by law. Remember, this is a rapidly evolving area, so staying updated on the latest regulations is crucial for New York employers.
Remember, establishing robust documentation is a key risk mitigant for employers in states like New Mexico.
Recommended Procedures
It is always recommended to have standardized documentation and training procedures and regular employee evaluations to set clear performance expectations.
While private employers in New York are not mandated to have a drug-free workplace policy, they need to navigate a complex legal landscape involving balancing workplace safety with individual privacy rights, particularly in regard to marijuana use. Understanding the limitations on marijuana testing and adhering to privacy regulations is crucial for employers in the state.
