Marijuana in the Workplace: New York Employers Can't Ban Employee Use of 'Weed'

The New York State Department of Labor has released new employers' guidelines adapted to New York's now use marijuana legally for recreational purposes. The publication told about the content of the document Wivb.

According to the new guidance, employers must cite “clear symptoms of impairment” in almost any attempt to take action against an employee because of marijuana use.

This means that the employer must provide "objectively observable" evidence that cannabis use negatively affects employee productivity or overall safety in the workplace.

"The observed signs of marijuana use are not in themselves an abnormality," the manual says.

Employers can prohibit the use of marijuana during working hours, including lunch and other breaks. They can also prohibit possession of marijuana on their own or on company premises. Employers can develop general policies that prohibit cannabis use during working hours. But they can only take action against an employee if he or she exhibits “pronounced symptoms of a health problem”.

On the subject: Legal cannabis in New York: what happens if you smoke marijuana every day

However, the manual states that employers are not allowed to screen job seekers or employees for marijuana use. Verification is only possible if federal or local law calls such verification one of the conditions of employment in a particular position.

Employers can do almost nothing with marijuana lovers

Employers are not allowed to prohibit the use of marijuana by employees outside the workplace. It is impossible to prohibit the use of "weed" as a condition of employment, the only exception - such a prohibition is possible if it is prescribed at the level of US law or the state of New York. Even if such a ban existed in the company before, now it will have to be lifted.

The manual notes that employers are not required to take any legal action if employees use cannabis at work, even if those employees are under the legal age of 21.

When it comes to telecommuting, an employee's private home is not considered a “place of work” under New York State labor laws, so you can use marijuana there at any time.

Recreational marijuana use in New York State allowed for persons over 21 years old back in March... The state has yet to establish an official method for distributing cannabis sales. But fines for storage less than 80 grams were canceled. The new Cannabis Management Office is working to establish guidelines and licenses for commercial “herb” cultivation and sale.