Recreational Marijuana Use Away From Work Now Protected In New York

On March 31, 2021, Governor Andrew Cuomo signed the New York Marihuana Regulation and Taxation Act (the Act) legalizing the recreational use of marijuana products by adults. Effective immediately, the Act prohibits employers from discriminating against workers based on the legal¹ use or possession of marijuana products while off duty and outside the workplace, with few exceptions. The law also provides a private right of action for employees claiming to be harmed by such alleged discrimination.

Employer Drug and Alcohol Rules Permitted Under the Act. The Act permits employers to continue certain fundamental drug-free workplace rules:

• Workplace Use/Possession Can Be Prohibited. Employers may still prohibit marijuana use or possession during work hours,² on employer premises and while using an employer's equipment or other property.