Passed in March 2021, the Marijuana Regulation and Taxation Act (MRTA) legalizes adult-use (recreational) cannabis in New York State and establishes an Office of Cannabis Management (OCM) governed by the Cannabis Control Board. The Act makes changes to the Labor Law and generally prohibits adverse actions against employees who engage in off-site, recreational cannabis use. In addition, the state’s Medical Cannabis Program protects employees and requires employers to engage in the interactive process/cooperative dialogue when assessing the need for an accommodation for employees. MRTA makes it unlawful for an employer to refuse to hire, employ or license someone; terminate the employment of an employee; and otherwise discriminate against an individual in the case of compensation, promotion, and terms, conditions or privileges of employment. Some exceptions do apply, so it is important for employers to become familiar with the law.
