Drugs State laws

NYC bans preemployment drug testing for marijuana, THC

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New York — A new law in New York City bans employers, labor organizations and employment agencies from testing job applicants for marijuana and tetrahydrocannabinols, or THC – the active ingredient in marijuana.

Enacted May 10 by city legislators, Prohibition of drug testing for pre-employment hiring procedures states that pre-employment testing will be considered an “unlawful discriminatory practice” as a condition for employment.

The law makes exceptions for certain job positions, including:

  • Police officers or peace officers
  • Emergency responders
  • Safety-related positions
  • Jobs requiring security clearance
  • People who supervise or care for children, medical patients or vulnerable persons
  • Workers who operate vehicles requiring a commercial driver’s license
  • Jobs tied to a federal or state contract/grant

The law is scheduled to take effect May 10, 2020. It was passed April 9 by a 40-4 vote of city council members and sent to Mayor Bill de Blasio (D) for his signature. It automatically became law after 30 days without action by the mayor.

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