Medical and Recreational Cannabis (Marijuana) Use and Employment in New York

 Navigating NY Marijuana Employment Laws

Prohibition, Discrimination, and Termination: What You Need to Know

Have you ever been told by your employer that you can’t use cannabis, even with a prescription? Or perhaps you’ve legally purchased and used marijuana in New York, only to find yourself facing termination? Unfortunately, these situations are becoming more common as cannabis laws evolve, and many employees are unsure of their rights.

This article explores the complexities surrounding cannabis use in the workplace and provides a clear understanding of what employment law says about it in New York.

Federal vs. State Legislative Framework

Federal Law:
Under the Federal Controlled Substances Act, marijuana remains illegal. Despite this, 38 states have legalized medical cannabis, and 24 states, along with two territories and Washington D.C., have legalized recreational use for adults.

New York State Law:
New York is among the states where both medical and recreational marijuana use is legal. However, this legalization doesn’t automatically mean you’re protected at work.

Americans with Disabilities Act (ADA) and Cannabis

If your doctor prescribes cannabis for a disability, you might wonder if the federal ADA protects you. Unfortunately, the ADA does not shield employees from discrimination based on marijuana use, even if prescribed. The Act specifically excludes individuals who engage in illegal drug use from protection. Under federal law, marijuana remains illegal, so its use, even for medical purposes, doesn’t provide ADA protections.

New York State Laws on Cannabis Use and Employment

Know Your Rights in New York:

New York Labor Law § 201-d provides robust protections for employees who use cannabis outside of work hours. It’s unlawful for employers to discriminate against you based on legal cannabis use outside of work, off the employer’s premises, and without using the employer’s equipment.

Exceptions to the Rule:
Employers may still prohibit cannabis use if required by law, if it impairs your job performance, or if your role falls under specific safety-sensitive positions.

State Comparisons: Protections Vary Across the U.S.

• Arizona: The Arizona Medical Marijuana Act protects employees from discrimination based on medical cannabis use. Employers cannot take adverse actions against registered patients.
• Ohio: On the other hand, Ohio laws do not offer protections for cannabis users. Employers can terminate or refuse to hire individuals based on their marijuana use, even if it’s legal in the state.

What Should You Do If You Face Discrimination?

If you believe you’ve been discriminated against because of your legal cannabis use, it’s crucial to consult with a knowledgeable employment attorney. They can guide you on whether your rights have been violated and what steps to take next.

Contact Mansell Law, NYC’s Employment Law Experts
If you’re facing termination or discrimination due to cannabis use, reach out to the experienced attorneys at Mansell Law in New York City. We’ll help you protect your rights and navigate the complexities of employment law.

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