New York City was the first jurisdiction to introduce a marijuana screening ban in April 2019, and while New York’s governor never signed nor vetoed it, this law will go into effect on May 10, 2020. Nevada quickly followed suit, introducing a law that will go into effect January 1, 2020 banning employers from rejecting candidates based on the presence of marijuana in screening tests. Both laws allow employers to maintain the right to a zero-tolerance workplace, whereby using marijuana at the worksite is prohibited. And they both carve out exemptions for federal contractors, as well as safety-sensitive and regulated Department of Transportation positions.
Takeaway: Employers should expect more states to take on marijuana screening in the future. Questions about what types of workers are exempt from the ban (and therefore subject to testing) will likely be tested in court. No single rule is in effect across the U.S. Therefore, employers should ensure their talent organizations, talent engagement partners, and background checking and drug screening partners stay in front of changes as they arise across jurisdictions.
This update contains general information only, and AGS is not rendering legal advice. Before making any decision or taking any action that may affect your business, you should consult qualified legal counsel. AGS shall not be responsible for any loss whatsoever sustained by any person or company who relies on this update.