Ask The Expert: Marijuana Policies
April, 2021

My company has a NO Drug/Alcohol Policy. How does the new Marijuana Law passed in New York impact my workplace?

Expert Answer:
The new Marijuana Law signed by Governor Cuomo on March 31, 2021, is a ground-breaking law and questions about its impact in the workplace is a common question I get.

It is customary for companies to have a non-alcohol – non-substance workplace and that doesn’t change with the passing of this Marijuana Law. Just like a company can have a policy that doesn’t allow alcohol in the workplace or someone reporting to work under the influence of alcohol, a federally legal substance, they can continue the policy on marijuana, which is only legal at the State level and continues to be Federally illegal. Therefore, companies can continue to enforce their anti-substance policies as before and hold employees to the same disciplinary measures the company has always had in place for marijuana abuse in the workplace or reporting to work under the influence.

Remember, marijuana is not a federally legal substance and it is a crime to use or be in possession of the substance.