New York City Bans Pre-Employment Marijuana Testing
As of May 10, 2020, New York City employers cannot drug test most candidates for marijuana. Learn which positions are exempt and next steps.
As of 05/10/2020, employers in New York City are barred from conducting pre-employment drug testing for the presence of marijuana in non-safety sensitive positions. This law applies to all types of currently acceptable drug screening methods: urinalysis, hair, blood, and saliva. The only positions exempt from this law are safety sensitive roles, such as police officers, CDL drivers subject to U.S. Department of Transportation testing regulations, testing pursuant to federal contracts or statutes, or other positions with a “potential to significantly impact health or safety of employees or members of the public,” as noted by city authorities.
Employers located in New York City should review their current screening policies and make the appropriate adjustments to stay in compliance. It is important to note that the law is only applicable to pre-employment drug screening; current employees can still be tested if required. Since New York is the second state to enact laws governing pre-employment drug tests for marijuana, it is possible that other states will follow suit in the coming years. CRC will monitor this trend and post updates as they occur.
This post reflects the law and guidance current at the time of its original publication in May 2020.
If you have any questions about your current drug testing policies, or you are in the market to work with an accredited background screening agency, please reach out to CRC’s Business Development team, and they will be happy to assist.
