Limitations on Pre-Employment Testing for Marijuana

The use of marijuana for medical purposes has been legalized in 33 states and Washington, D.C. (as of September 2019) and for recreational and medical use in 10 states and Washington, D.C. Laws have been enacted in some of those states that protect employees and job applicants from discrimination based on their status as medical marijuana users and in New York City, employers are prohibited from requiring prospective employees to submit to testing for marijuana and tetrahydrocannabinols (THC). Effective May 10, 2020, the law does permit testing in the following areas: safety-sensitive positions; transportation-related positions; caregivers; positions for which drug testing is required by any federal or state statute, regulation, or order for purposes of safety or security; positions for which drug testing is required by a contract with the federal government, or for which the federal government provides funding; and positions for which drug testing is required pursuant to a collective bargaining agreement.


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Post By Ken Shafton (2,355 Posts)