Most New York workers are now free to hit the weed after a long day’s work. In response to the state’s legalization of marijuana, the New York State Department of Labor amended Labor Law 201-D and published an “Adult Use Cannabis and the Workplace” advisory earlier this week. The amended law states that all public and private employees (age 21 and older) can lawfully use cannabis without fear of workplace discrimination. The new rules apply to all workers regardless of citizenship or immigration status. There are some exceptions for specific jobs like commercial truck drivers. This week’s action noted that “cannabis used in accordance with New York State law is a legal consumable product.” “As such,” the advisory stated, “employers are prohibited from discriminating against employees based on the employee’s use of cannabis outside of the workplace, outside of work hours, and without the use of the employer’s equipment or property.” That’s the strongest legal protection offered to cannabis consumers in any state. It’s now illegal to discriminate against legal cannabis consumers in New York. Section 201-D was amended to fit the Marijuana Regulation and Taxation Act, which legalized the possession and use of cannabis for adults statewide on March 31, 2021.
Christopher Minaya, Leafly, 10/21/2021 15:40:00