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You can smoke weed and work in NY but not while on the job

By and
Updated  October 20, 2021 10:51pm EDT
New York
FOX 5 NY

Employers banned from testing for marijuana

According to new rules in New York, employers are effectively banned from testing for marijuana under nearly all circumstances.

NEW YORK - If you work in New York State your employer is no longer allowed to test you for marijuana -in most cases- even if you smell like pot.  New York State’s Labor Department issued the guidance on Tuesday.

Only if you were visibly high can the employer step in. The guidance specifically states "observable signs of use that do not indicate impairment on their own cannot be cited as an articulable symptom of impairment."

That said, employers are allowed to ban workers from possessing pot while on the job.

"It defies logic," said employment lawyer Andrew Lieb. Lieb says the new guidance regarding legalized recreational marijuana is going to hurt employers.

"An employer's handcuffed for doing anything against marijuana," Lieb said.

"As if the workplace weren't complicated enough with the existing employment laws that you have to navigate and then COVID and vaccine mandates added a whole new complexity. And now this in New York.  It makes it really difficult," said Greg Giangrande, Chief Human Resources Officer with the company Ellucian.

NYS issues new rules for pot testing at work

Employers in New York can no longer test most workers for marijuana use, even if they smell of pot. FOX 5 NY speaks to Greg Giangrade, Chief Human Resources Officer for Ellucian about the new guidelines.

Recreational marijuana was legalized in New York back in March allowing New Yorkers to legally possess up to three ounces of cannabis outside the home and up to five pounds at home. 

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You’re also allowed to smoke in public or smoking tobacco is permitted, but not inside schools, workplaces, or cars. Cannabis is now off the list of controlled substances and now allows people 21 in order to use the drug.

It remains illegal on the federal level.

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Workers who are required to be tested under federal and state law would still get tested, such as commercial vehicle drivers. And the NYPD. 

According to the New York Post, a memo was sent out to the officers back in April letting them know no drug screening procedures are still in effect and they’re not allowed to smoke when they’re off duty.

NY legalizes recreational marijuana

Recreational marijuana is now legal in New York State for adults ages 21 and over.