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New York City Council Bans Marijuana Drug Testing

On May 10th, New York City Council passed a law that “prohibits New York City employers from requiring a prospective employee to submit to testing for the presence of tetrahydrocannabinols (THC), the active ingredient in marijuana, in such prospective employee’s system as a condition of employment.” The law will not be applied to drug testing required by the Department of Transportation (DOT). There are a few exceptions to this new legislation, in which prospective employees who apply to safety sensitive positions, including:

  • As police officers or peace officers, as those terms are defined in subdivisions 33 and 34 of section 1.20 of the criminal procedure law, respectively, or in a position with a law enforcement or investigative function at the department of investigation.

  • In any position requiring compliance with section 3321 of the New York city building code or section 220-h of the labor law.

  • In any position requiring a commercial driver’s license.

  • In any position requiring the supervision or care of children, medical patients or vulnerable persons as defined in paragraph 15 of section 488 of the social services law.

  • In any position with the potential to significantly impact the health or safety of employees or members of the public, as determined by: (i) the commissioner of citywide administrative services for the classified service of the city of New York, and identified on the website of the department of citywide administrative services or (ii) the chairperson, and identified in regulations promulgated by the commission (Source: nyc.gov).

If you have any questions about drug and alcohol testing programs, please contact Adrianna Owens at adrianna.owens@concorde2000.com