On March 31, 2021, New York Governor Andrew Cuomo signed the “Marijuana Regulation and Taxation Act.” The Act legalizes grownup-use cannabis, expands the use of clinical cannabis, and establishes the Place of work of Hashish Management in just the Division of Alcoholic Beverage Control to regulate and license the licensed progress and sale of hashish. The Act supplies distinct protections for employees’ use of medical hashish and recreational hashish.
Professional medical Hashish
Individuals qualified to use healthcare cannabis less than the Act, referred to as “certified patients,” could not be denied any proper or privilege exclusively for the licensed health care use of cannabis or any other defense afforded below the Act. Also, “certified patients” are thought of to have a “disability” less than the New York Condition Human Rights Law and the New York Civil Rights Legislation. Thus, “certified patients” cannot be discriminated against centered on their disability. Additionally, staff members who use health-related cannabis are afforded the same legal rights and protections obtainable to wounded employees less than the New York Workers’ Compensation Regulation when this sort of injured personnel are approved remedies that may well prohibit, prohibit, or have to have the modification of the functionality of their responsibilities.
It is truly worth noting that when accommodating employees’ approved health-related hashish, businesses are not required, below the Act, to enforce any guidelines or choose any actions that would be in immediate violation of federal law or lead to it to get rid of a federal deal or funding.
The Act’s legislative intent states that it is not supposed to limit the authority of companies to enact and implement policies pertaining to cannabis in the workplace. On the other hand, people may perhaps not be denied any correct or privilege entirely for the use of cannabis permitted by the Act. Particularly, the Act amends the New York Labor Law preserving off-obligation conduct to involve an individual’s authorized use of hashish in accordance with point out regulation. Just said, an employer may not discriminate against or prohibit an employee’s recreational use of hashish outside the house of perform hrs, off the employer’s premises, and without the need of use of the employer’s equipment or other home.
There are a few limitations on the security of off-responsibility conduct. An employer could prohibit an employee’s off responsibility use of cannabis if:
(1) the employer’s actions were expected by point out or federal statute, regulation, ordinance, or other condition or federal governmental mandate
(2) the employee is impaired by the use of cannabis and this impacts the employee’s efficiency of his/her obligations, and/or interferes with an employer’s obligation to deliver a secure and balanced work area, no cost from acknowledged dangers, as essential by point out and federal occupational safety and wellbeing legislation or
(3) the employer’s actions in allowing recreational use of hashish would lead to the employer to be in violation of federal regulation or would final result in the decline of a federal deal or federal funding.
Employers must assessment their existing insurance policies and get in touch with lawful counsel for guidance on revising their workplace policies to comply with the new legislation.