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New York Drug and Alcohol Testing

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New York currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

Medical Marijuana

Under the state medical marijuana law, certified patients and designated caregivers (among others) may not be subject to penalty in any manner or denied any right or privilege—e.g., disciplinary action by a business—solely for the certified medical use or manufacture of marijuana, or for any other action or conduct in accordance with the law.

Being a certified patient is deemed to be having a “disability” under various state law provisions; however, the state medical marijuana law does not:

  • Bar the enforcement of a policy prohibiting an employee from performing his or her employment duties while impaired by a controlled substance; or
  • Require an employer to do any act that would put it in violation of federal law or cause it to lose a federal contract or funding.

Additional requirements and exceptions to the information above may apply. Please contact the New York Department of Health for further information.

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

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