Bracewell's Robert Nichols and Rebecca Baker analyze today's New York City enactment prohibiting most preemployment marijuana testing and look at what employers should consider next in Law360's Expert Analysis.
While 33 states have legalized medical marijuana and another 10 have legalized recreational use, outright bans on employer testing for marijuana have not been a part of these state laws. The city of New York, however, has now taken such a step, barring certain testing.
Specifically, on May 10, 2019, a New York City enactment prohibiting most preemployment marijuana testing, previously passed in April by the City Council by a 40 to 4 margin, became law by virtue of Mayor Bill de Blasio’s decision not to exercise his veto. Going forward, employers should reasonably expect that at least some states and municipalities will follow suit by banning preemployment marijuana testing and, perhaps, ultimately all marijuana testing in the workplace.
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