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New York employers can no longer test for marijuana

From 10th May, New York employers will not be allowed to legally require prospective employees to undergo workplace drug testing for the presence of THC.

Int. No. 1445-A, the full name of the law, will make such actions not only unlawful but also deemed discriminatory.

But, there are a few notable exceptions, and they include individuals applying to work:

  • As police officers, peace officers, or in other job positions that can be described as having an investigative function.
  • In any position that calls for section 3321 compliance with New York building code, either that or 220-h of the labour law.
  • In a position that requires having a valid commercial driver’s licence.
  • In any position involving the care or supervision of children, medical patients, or vulnerable people.
  • In any position that has a significant impact on the health and safety of the public.

There are other work relationships the law will not apply to, which include:

  • Contracts between employers and the federal government
  • Drug testing required by the Department of Transportation (DOT) regulations

The marijuana drug testing ban was passed on 9th April 2019 and is about to come into effect one year on.

Despite marijuana remaining illegal at the federal level, a growing number of American cities and states are decriminalising it.

This is a trend that employers will have to watch out for in 2020.

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