New York City Bans Pre-Employment Marijuana Testing

As of 05/10/2020, employers in New York City are barred from conducting pre-employment drug testing for the presence of marijuana in non-safety sensitive positions. This law will apply to all types of currently acceptable drug screening methods: urinalysis, hair, blood, and saliva. The only positions that are exempt from this law will be safety sensitive roles such as police officers, CDL drivers who are subject to U.S. Department of Transportation testing regulations, testing pursuant to federal contracts or statutes, or other positions that have a “potential to significantly impact health or safety of employees or members of the public” as noted by city authorities.

Employers located in New York City should review their current screening policies and make the appropriate adjustments to stay in compliance. It is important to note that the law is only applicable to pre-employment drug screening; current employees can still be tested if required. Since New York is the second state enact laws governing pre-employment drug tests for marijuana, it’s possible that other states will follow suit in the coming years. CRC will monitor this trend and post updates as they occur.

If you have any questions about your current drug testing policies or you’re in the market to work with an accredited background screening agency, please reach out to CRC’s Business Development team and they’ll be happy to assist.

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