Last verified: March 2026

What the Law Protects

Under NY Labor Law Section 201-d, employers are prohibited from discriminating against employees or job applicants for lawful off-duty cannabis use. This means your employer generally cannot fire you, refuse to hire you, or take adverse action against you for using cannabis on your own time, away from the workplace.

What Employers Can Still Do

The protections are not absolute. Employers retain the right to:

• Prohibit use at the worksite — no employer is required to permit cannabis use during work hours or on work premises
• Take action for impairment — if an employee shows "articulable symptoms of impairment" while working, employers can take disciplinary action
• Maintain safety-sensitive policies — positions where impairment poses direct safety risks may have additional restrictions
• Comply with federal requirements — employers subject to federal drug-free workplace requirements or federal contracts may still require testing

Drug Testing Restrictions

Most cannabis drug testing by employers is now prohibited in New York unless required by federal law or regulation. This is a significant departure from pre-MRTA practice, when employers routinely tested for THC as part of pre-employment screening.

Exceptions where testing may still occur include:

• Positions requiring a commercial driver's license (CDL)
• Federal contractors subject to Drug-Free Workplace Act
• Safety-sensitive positions in certain regulated industries
• Law enforcement positions

"Articulable Symptoms of Impairment"

The standard for employer action requires specific, observable symptoms of impairment — not merely the smell of cannabis or knowledge that an employee uses cannabis off-duty. The Department of Labor has clarified that the following alone are not sufficient grounds for action:

• The smell of cannabis on an employee
• A positive drug test for THC metabolites
• Knowledge that an employee uses cannabis recreationally
• Social media posts about cannabis use

Employers must instead document specific behavioral observations such as slurred speech, impaired motor function, or inability to perform job duties.

Medical Cannabis Patients

Medical cannabis patients have enhanced employment protections beyond those available to recreational users. Certified patients are considered to have a disability accommodation right, and employers must engage in an interactive process to accommodate medical cannabis use unless doing so would cause undue hardship.