The New York City Administrative Code now makes it unlawful for most NYC employers to test employees for marijuana as a condition of employment. This became law on May 10, 2019 and becomes effective in one year, that is, on May 10, 2020.

While the prohibition of pre-employment drug tests for marijuana seems like a large change, there are numerous exceptions. For example, the prohibition won’t apply to applicants who’ll work in public safety, perform jobs that require a commercial driver’s license, care for or supervise children, patients or vulnerable persons, or on a federal contract.

There also are exceptions where federal or State law requires drug testing of prospective employees for purposes of safety or security and where a collective bargaining agreement already requires pre-employment drug testing.

Over the course of the next year, NYC employers will need to review their job applications and drug testing policies to ensure compliance with the new law.

If you’re an employer with questions about compliance, contact us. Our attorneys would be glad to assist.