What Are New York’s Laws On Medical Marijuana In The Workplace?
While the U.S. federal government has yet to legalize marijuana use for any reason, more and more states have permitted its sale for both medical and recreational purposes. New York currently permits both, and the state’s Compassionate Care Act (CCA) does establish that holding a medical marijuana card is evidence of a recognized disability. If you are a user of medical marijuana, and your employer has acted in a way you believe is discriminatory, you have options in terms of holding them accountable.
“Exceptions” In The Law May Permit Discrimination
The CCA is one of the more restrictive medical marijuana programs in the country, with only a handful of purchase locations, and a total ban on smoking medical marijuana – the preferred forms of the drug are liquid and edible. It explicitly states that employers may not terminate or refuse to hire someone solely on the basis of their being a certified patient (a legally permitted medical marijuana user).
That said, the CCA also enumerates two exceptions to that blanket protection. It does not prohibit enforcement of an employer’s policy that stops employees “impaired by a controlled substance” from performing their duties; and it also prohibits any person or entity from being forced to perform any kind of action that might place them in violation of federal law. Either of these exceptions may lead to an employer barring the use of marijuana in the workplace.
What Are My Options?
Upon becoming aware of these exceptions, it is understandable that many certified medical marijuana patients give up on pursuing many forms of employment – you may feel as though you are between the proverbial rock and a hard place. However, all is not lost. It may be possible to argue that you are not sufficiently “impaired” for your employer to require your medical marijuana usage at work to cease.
In some cases, you may simply be able to articulate that your employer acted in a discriminatory manner. For example, an employer cannot forbid or regulate cannabis use when an employee is ‘off the clock’ or off the business’s premises – but since marijuana may stay in a person’s system long after it stops to impair their faculties, a positive drug test may lead to unjust termination. While each case is different, it is worth exploring your options if you are in such a situation.
Contact A New York Employment Lawyer Today
If you have a disability which responds to medical marijuana, applying to New York’s program may be worth your time – but at the same time, it can create potential obstacles in employment. If you have questions or concerns about medical marijuana in a New York workplace, a New York City employment discrimination lawyer from Mansell Law, LLC can help to get them addressed. Contact our office today at (646) 921-8900 for a free consultation.
Source:
nysenate.gov/legislation/bills/2013/S7923
