Can my employer drug test me for cannabis in New York?

The MRTA amended Labor Law Section 201-d to prohibit discrimination against employees or applicants for the lawful use of cannabis outside work hours and off employer premises.

• You cannot be fired, refused hire, or otherwise penalised solely for using cannabis legally while not at work.
• Protection applies only to lawful use — adults 21 or older acting within the MRTA.
• The law does not protect use during work hours, on employer property, or while operating company vehicles.
• Off-duty use cannot ground adverse employment action unless it impairs your ability to perform your job.

Testing is allowed where federal or state regulation mandates it, typically for safety-sensitive roles.

• Commercial motor vehicle drivers subject to federal Department of Transportation testing standards, including pre-employment, random, post-accident, and reasonable-suspicion testing.
• Public transportation operators, including subway and bus drivers under state transit authority rules.
• Positions requiring federal security clearances.
• Certain healthcare and safety-sensitive positions where impairment could endanger lives or critical infrastructure.

Outside these categories, employers generally cannot impose mandatory cannabis testing unless another specific condition is met.

• Current tests detect THC metabolites, which remain in the body long after any intoxicating effect has passed.
• A positive result reflects past use, not whether an employee is impaired now.
• Employers must rely on specific, articulable symptoms rather than test results alone to justify discipline.
• The smell of marijuana on breath, clothing, or a workspace is not sufficient proof of impairment and does not on its own justify testing.

Testing is lawful when required by regulation, when there is direct evidence of impairment affecting safety or performance, or when possession or use occurs on employer property during work hours.

• Employer premises: offices, warehouses, retail stores, and other physical workplaces.
• Company vehicles owned, leased, or controlled by the employer.
• Leased spaces rented by the employer for business operations.
• On-site possession: employees may be barred from bringing or storing cannabis in lockers, desks, or personal belongings on employer property.

Employers are not required to accommodate cannabis use during shifts or breaks, in line with standard rules on alcohol and other impairing substances.

Observable signs an employer can describe and tie to job performance or safety include:

• Difficulty with coordination or balance
• Slurred or incoherent speech
• Bloodshot or glassy eyes
• Lethargy or excessive drowsiness affecting alertness
• Unusual behaviour or mood changes inconsistent with normal conduct
• Inability to follow instructions or complete tasks accurately

New York follows federal mandates for safety-sensitive positions but does not extend them. Employers cannot rely on state law to justify broader cannabis testing than federal rules require — a more protective stance than several other states, which permit random or suspicion-based testing for such roles.

• State clearly that cannabis use, possession, and impairment are prohibited during work hours and anywhere on company property, including parking lots and vehicles.
• Recognise employees' lawful off-duty use and avoid penalising a positive test that reflects it.
• Base procedures on observable impairment rather than test results, and train supervisors to identify specific articulable symptoms.
• Align mandatory testing provisions with federal requirements and state that testing occurs only where legally required.
• Communicate policy updates clearly and run regular training.
• Enforce rules consistently across all employees, with documented processes for reporting and investigation.

For related rules on cannabis and vehicles, see driving with cannabis in New York.