To embed, copy and paste the code into your website or blog: On March 31, 2021, Governor Andrew Cuomo signed the New York Marihuana Regulation and Taxation Act (the Act) legalizing the recreational use of marijuana products by adults. Effective immediately, the Act prohibits employers from discriminating against workers based on the legal 1 use or possession of marijuana products while off duty and outside the workplace, with few exceptions. The law also provides a private right of action for employees claiming to be harmed by such alleged discrimination. Employer Drug and Alcohol Rules Permitted Under the Act. The Act permits employers to continue certain fundamental drug-free workplace rules: