New York State Addresses a Chronic Issue: Employees Granted Protections for Off-Duty Cannabis …

While the New York City Council enacted legislation on May 10, 2020, prohibiting many private employers from conducting pre-hire marijuana testing as a condition of employment, the MRTA expands protections for off-duty cannabis use across New York State.

The MRTA also provides protections for employees who use cannabis for medical reasons.

The MRTA expressly allows employers to take action against an employee who “manifests specific articulable symptoms” that negatively impact the employee’s performance or interfere with an employer’s legal obligation to provide a safe and healthy workplace.

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