Although cannabis has been legalized in New York, some workers are still subject to drug tests from certain employers. The federal government does not require drug testing, except for specific agencies such as the Department of Defense and Department of Transportation, as well as federal contractors with six-figure contracts. States have the power to set their own standards for a drug-free workplace. New York has protections in place to prevent discrimination against workers who test positive for cannabis, but there are exceptions for those in certain professions such as law enforcement, federal contractors, and the private and security sectors. Additionally, employers can still prohibit cannabis use during work hours and at the workplace, and can penalize employees who show signs of impairment from cannabis. Workers have no protections from employer actions should they be caught high and impaired on the job, and employers may prohibit employees from bringing cannabis onto the employer’s property.
