Last month, New York City Mayor Bill de Blasio signed into law a bill prohibiting preemployment drug testing for the presence of marijuana or tetrahydrocannabinol. The law will take effect on May 10, 2020 – one year after it was signed into law. Although many employers are opting to forgo marijuana testing due to the expanding legalization of medical and recreational marijuana, this law goes further by prohibiting preemployment marijuana testing, making it the first of its kind.
Notably, the law contains several exceptions. First, it does not apply to any individuals applying for work (a) in law enforcement positions, such as police officers, peace officers or investigators with the department of investigation; (b) as laborers, mechanics, workers, contractors or other persons working on a public work site; (c) in any position that requires compliance with Section 3321 of the NYC Building Code; (d) in any position requiring a commercial driver's license; (e) in any position requiring the supervision or care of children, medical patients or vulnerable persons as defined by the New York Social Services Law; or (f) in any position that could "significantly impact the health or safety of employees or members of the public," as determined by the Department of Citywide Administrative Services or identified in regulations issued by the NYC Commission on Human Rights.
Second, the law includes an exception for drug testing applicants when required by rules and regulations (a) issued by the U.S. Department of Transportation, the New York State Department of Transportation or the New York City Department of Transportation; (b) any contracts or grants from the federal government to an employer; or (c) federal or state statutes. Third, the law excepts preemployment drug testing when required pursuant to the terms of a collective bargaining agreement. This new law comes amid rapid changes to marijuana laws at both the federal and state levels. Following their recent failure to approve a measure that would legalize the recreational use of marijuana, New York state lawmakers recently approved a measure to decriminalize marijuana. As a result, the possession of less than an ounce of marijuana will be a violation subject to a $50 fine, with larger fines for possession of up to 2 ounces. The possession of than 2 ounces of marijuana will remain a crime, and smoking marijuana in public remains a finable violation. In the meantime, although New York City employers have one year to comply with this new law, they should begin to update their drug testing policies and procedures to ensure timely compliance with this new law
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