The New York State Department of Labor has issued guidance for employers regarding the permissibility of testing for Cannabis. While employers are not required to allow cannabis use during work hours or at the work site, there are only limited exceptions (e.g., DOT, reasonable suspicion testing) that would permit testing for cannabis.
Review the new guidance – Adult use cannabis and the workplace, New York Labor law 201-D.
This is a significant change and New York is the first state to essentially prohibit cannabis testing in all but narrowly defined situations. Employers with employees working in NY are encouraged to review this guidance and their drug testing policies to ensure compliance.
Recently Faye Caldwell, managing partner for Caldwell Everson LLC, posted a video message covering this new guidance from the NY DOL in detail. Faye is an up-to-date resource in cannabis laws for employers and drug testing service agents.