While many states have legalized medical and recreational marijuana, marijuana remains an illegal controlled substance under federal law. As we have previously discussed, this has created a conundrum of sorts for employers who want to maintain a drug free workplace. In New York State, the landscape for employers has just gotten more challenging.
Medical marijuana has been legalized in the state since 2014. Governor Cuomo has since announced legalized recreational use may soon follow. Additionally, in New York City, employers are prohibited, with certain exceptions, from testing job applicants for marijuana. Employers can, however, test current employees.
Despite these legislative initiatives, a question still remains: What happens if an employee tests positive at work, but has a prescription for medical marijuana? A recent New York appellate court decision warns employers should proceed with caution.