Are there special considerations for employers regarding medical marijuana use?

Employers in New York should take note of special considerations when it comes to medical marijuana use. Much like many other states, New York has passed medical marijuana laws that protect patients from criminal prosecution and provide a framework for accessing cannabis for medical use. These laws also provide certain protections to medical marijuana users in the workplace. For example, employers are prohibited from discriminating against applicants or employees based on their current or past medical marijuana use. This means an employer cannot refuse to hire an employee or terminate an employee solely due to marijuana use related to a qualifying medical condition. In addition, employers cannot take any adverse action against an employee who tested positive for marijuana on a pre-employment drug test if the employee is a medical marijuana patient. This means employers must make accommodations for legal medical marijuana use before administering drug tests and take into account the medical marijuana laws of the state before making decisions about employees who test positive. While employers are not required to accommodate an employee’s use of medical marijuana at work, they must consider reasonable accommodations for employees who need to medicate during non-working hours or offsite. This includes not only considering the need for medical marijuana but also considering the employee’s job duties and other factors to determine if reasonable accommodations can be made.

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Are there special considerations for employers regarding medical marijuana use?

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