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On March 31, 2021, New York joined 15 other states (including
New Jersey) that have legalized marijuana for recreational use when
Gov. Andrew Cuomo signed the New York State Marijuana Regulation and Taxation
Act (MRTA). Under the MRTA, adults 21 years or older can
now possess up to three ounces of marijuana (or 24 grams of
concentrated versions of the cannabis plant) outside of their
home. In their home, adults may store up to five pounds of
the plant. While retail sales of marijuana will not begin
until 2022, most aspects of the law have taken immediate
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On March 31, 2021, New York joined 15 other states (including New Jersey) that have legalized marijuana for recreational use when Gov. Andrew Cuomo signed the New York State Marijuana Regulation and Taxation Act (MRTA). Under the MRTA, adults 21 years or older can now possess up to three ounces of marijuana (or 24 grams of concentrated versions of the cannabis plant) outside of their home. In their home, adults may store up to five pounds of the plant. While retail sales of marijuana will not begin until 2022, most aspects of the law have taken immediate effect.
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New York’s off duty conduct law will now explicitly apply to an employee’s off-duty use of cannabis. The change in law came as a result of the recent passage of “The Marijuana Regulation and Taxation Act,” which generally legalized the sale and use of cannabis for individuals 21 and over, and presents real compliance challenges for employers, which we discuss further below.
New York’s Off Duty Conduct Law Prohibits Employers From Discriminating Against Employees for their Lawful Off Duty Activities
As background, New York’s off duty conduct law (NY Labor Law §201-D) prohibits employers from discriminating against employees for engaging in certain lawful off-duty activities – including political activities, recreational activities and the legal use of consumable products – where those activities occur outside of working hours, off the employer’s premises, and without the use of the employer’s equipmen
Monday, May 3, 2021
New York’s off duty conduct law will now explicitly apply to an employee’s off-duty use of cannabis. The change in law came as a result of the recent passage of “The Marijuana Regulation and Taxation Act,” which generally legalized the sale and use of cannabis for individuals 21 and over, and presents real compliance challenges for employers, which we discuss further below.
New York’s Off Duty Conduct Law Prohibits Employers From Discriminating Against Employees for their Lawful Off Duty Activities
As background, New York’s off duty conduct law (NY Labor Law §201-D) prohibits employers from discriminating against employees for engaging in certain lawful off-duty activities – including political activities, recreational activities and the legal use of consumable products – where those activities occur outside of working hours, off the employer’s premises, and without the use of the employer’s equipment or property. During the
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Ready or not, Virginia – on July 1, 2021, marijuana becomes fully legal for adults to use and possess in-state.[i] Virginia is now the 16th state to legalize cannabis for recreational purposes.[ii] More importantly, for Virginia employers, is that Virginia becomes the 13th state to expressly provide employment protections for medical marijuana cardholders[iii] by prohibiting employers from terminating, disciplining, or otherwise discriminating against an employee “for such employee s lawful use of cannabis oil pursuant to a valid written certification.”[iv]
These new statutes will affect Virginia employers in significant ways. Virginia employers will now have to address what they can do if a current employee is suspected of being impaired at work; what obligations do they have to reasonably accommodate medical marijuana cardholders; and overall, whether employers in certain industries can require drug testing for