Legalized Recreational Marijuana Use Comes to the New York State Workplace

On March 31, 2021, New York State Governor Andrew Cuomo signed the Marijuana Regulation and Taxation Act into law (“Cannabis Law”). The law, among other things, legalizes the adult recreational use of marijuana and protects individuals who use marijuana outside of the workplace from discrimination. These provisions of the law became effective upon the law’s signing. The legalization of recreational marijuana use will dramatically alter the landscape of workplace drug testing and safety, and limit the ability of employers to discipline, terminate or refuse to hire employees for marijuana use. This alert discusses some of the issues employers will face in adapting their policies and practices to the Cannabis Law.

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