New York City Passes Law Restricting Pre-Employment Marijuana Testing

The first of its type in the United States, New York City Council declares that effective May 10^th, 2020 employers will not be able to test employees for marijuana or THC.

Administrative Code of the City of New York section 8-107 subsection B of the new subdivision 31 does not apply to individuals applying to work:

1. As police officers or peace officers;
2. In any position requiring individuals who require OSHA 10 training to work on construction sites pursuant to section 3321 of the New York City Building Code or section 220-H of the labor law;
3. In any position requiring a commercial driver’s license;
4. In any position requiring the supervision or care of children, medical patients, or vulnerable persons as defined in paragraph 15 of section 488 of the social services law;
5.  In any position with the potential to significantly impact the health or safety of employees or members of the public, as determined by: (i) the commissioner of citywide administrative services for the classified service of the City of New York, and identified on the website of the Department of Citywide Administrative Services, or (ii) the chairperson, and identified in regulations promulgated by the commission;
6. Where any regulation promulgated by the federal Department of Transportation requires testing of a prospective employee in accordance with 49 CFR 40 or any rule promulgated by the Departments of Transportation of the state or city adopting such regulation for purposes of enforcing the requirements of that regulation with respect to intrastate commerce;
7.  Where any contract entered into between the federal government and an employer or any grant of financial assistance from the federal government to an employer requires drug testing of prospective employees as a condition of receiving the contract or grant;
8.  Where any federal or state statute, regulation, or order requires drug testing of prospective employees for purposes of safety or security; or
9.  Where any applicants whose prospective employer is a party to a valid collective bargaining agreement specifically addressing the pre-employment drug testing of such applicants.

What’s next?

The City Commission on Human Rights will promulgate rules for the implementation of the new law.

If you have any question on how this new law might affect your business, please give us a call. Schedule a free consultation with an experienced and knowledgeable attorney today.