In March 2021, cannabis was legalized for adult recreational use in New York under the state’s Marihuana Regulation & Taxation Act (MRTA). The Act established a new Office of Cannabis Management (OCM) governed by a Cannabis Control Board, but regulations are emerging around adult-use, medical and hemp cannabis. The legislation does not contain an employer requirement to administer testing when an employer suspects an employee is under the influence of marijuana while on the job and doing so could lead to repercussions for the business. Random THC breathalyzer testing and performance-based evaluations are possibilities for employers, but new rules are expected to emerge.
