Are medical marijuana users exempt from drug testing?
In New York, medical marijuana users are generally exempt from drug testing. New York has legalized medical marijuana for certain conditions, and the state has passed a law to protect medical marijuana users from discrimination or penalty based on their use. This implies that medical marijuana users cannot be held to the same standards as recreational users when it comes to drug testing. However, employers should be aware that they are not legally allowed to refuse to hire medical marijuana users based on their test results. In addition, employers in New York must also ensure that they do not discriminate against medical marijuana users in terms of hiring, promotion or other terms of employment. At the same time, employers may still require drug tests and reserve the right to terminate or take other disciplinary actions if an employee tests positive for marijuana. However, it is important to note that it is illegal to discriminate against medical marijuana patients simply because they have tested positive for marijuana. Therefore, if an employee tests positive, employers must work with the employee to determine if the employee is in fact a legal medical marijuana user. Overall, although medical marijuana users are exempt from drug testing in New York, employers should still take steps to ensure that they are not discriminating against these individuals. Employees can also protect their rights by educating themselves on the legal implications of medical marijuana use.
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