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On March 31, 2021, Gov. Andrew Cuomo signed into law the New York Marihuana Regulation and Taxation Act (MRTA), making New York the latest state to join a growing list of states and territories to legalize recreational use of cannabis for adults 21 and older. Effective immediately, the new law expands employment protections for lawful off-duty conduct to specifically include the use of cannabis as discussed below.
Employment Protections for Lawful Off-Duty Conduct Now Include the Use of Cannabis
New York has long protected employees from discrimination based on an employee’s lawful off-duty conduct, including political activities, the legal use of consumable products such as alcohol and tobacco and other legal recreational activities outside work hours and off the employer’s premises. The MRTA amended New York’s protected off-duty conduct law (New York Labor Law § 201-d) to specifically include protections for
The Palm Beach Post Editorial Board
Jason McCarty carried a Florida medical marijuana card, as legally entitled to smoke cannabis to calm his anxiety and insomnia as anyone who takes a pill out of a bottle.
At 50, he had a $121,000-a-year job in information technology and a spotless record. But on Feb. 4, two fellow employees from the risk-management staff smelled the whiff of weed in his parked car and immediately reported him.
No more than a day later, he was banished from the premises by his employer: the City of West Palm Beach.
McCarty lost his job over a frustrating truth. Although Florida has made marijuana partially legal, the federal government still considers it a banned substance. And under employment policies of the City of West Palm Beach, federal law comes first. The use of medical marijuana, even with a prescription, is prohibited.
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New Jersey recently joined a growing number of states and territories including Alaska, Arizona, Colorado, California, Washington, D.C., Illinois, Maine, Massachusetts, Montana, Nevada, Oregon, South Dakota, Vermont and Washington legalizing recreational marijuana or cannabis. New Jersey Gov. Phil Murphy enacted the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) on February 22, 2021 legalizing the recreational use of cannabis for adults ages 21 and older after New Jersey voters overwhelmingly passed a ballot initiative last November. The law comes with new employment protections for off-duty cannabis users that will significantly change how employers screen and conduct drug testing of job applicants and employees.
Tuesday, February 23, 2021
On February 22, 2021, New Jersey Governor Phil Murphy signed into law the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA). Among other things, the 240-page measure legalizes the recreational use of marijuana for adults age 21 and older and unfortunately for employers places significant burdens on companies doing business in New Jersey with respect to marijuana and the workplace. Among other things, CREAMMA prohibits an employer from taking adverse action against an individual solely because that person does (or does not) use marijuana recreationally and, in doing so, creates a new “protected class” under New Jersey law. CREAMMA also imposes on an employer the obligation to conduct a “physical examination” of an individual along with any drug test for marijuana and calls for employers to use certified “experts” to make decisions about an individual’s usage of, or impairment from, ma