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New York Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for New York on
Q: How does the process for pre-employment drug screening work with marijuana for remote work positions?

I received a offer from United Health Group and the preemployment process has a standard drug screening which includes marijuana. I reside in NYS. Would my offer be rescinded if the drug test comes back with positive marijuana if the employer resides outsides of NYS?

V. Jonas Urba
V. Jonas Urba
answered on Oct 31, 2021

No more Cannabis testing in New York except in special circumstances. See this link:

Apply for the job honestly. Complete all questionnaires, etc... honestly....
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1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for New York on
Q: 3rd time asking, no replies yet. Have expunged marijuana coviction. What do I answer when asked "ever been convicted?"
Benjamin Ostrer
Benjamin Ostrer
answered on May 3, 2021

You can truthfully answer that you have not been convicted if your disposition was expunged. However, there are applications such as a pistol permit and certain employment where the permit officer or HR office should be consulted. Some require disclosure of all cases even those that were... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Employment Discrimination for New York on
Q: offered a job at a big box retailer. They were aware of medical marjuana use. Now offer taken back from employer.

Medical marihuana use was divulged during interview, they still offered a position. Now they say - will not hire you unless a drug test can be passed.

V. Jonas Urba
V. Jonas Urba
answered on Oct 30, 2020

Medical marijuana and recreational marijuana are different. I can not vouch for the legitimacy or accuracy of the below link but it sounds basically correct:

If you do not undergo the testing then...
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1 Answer | Asked in Cannabis & Marijuana Law for New York on
Q: Should I plead guilty or not guilty to a 221.05 charge for marijuana?

I have never been charged with anything before. The judge told me I can plead guilty and receive a fine or plead not guilty. If I plead guilty do I automatically receive a fine or can I ask for a marijuana ACD? Do they offer it or do I have to plead not guilty for a marijuana ACD?

Victor M. Feraru
Victor M. Feraru
answered on Sep 20, 2020

You should be retaining counsel and not pleading to anything until you two have gone over the facts, ramifications and potential solutions to your issue.

1 Answer | Asked in Cannabis & Marijuana Law and Family Law for New York on
Q: What happens if a father comes out positive for marijuana and the mothers test comes out negative can they take the kid

On a 3rd party calling child protective custody on family

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 30, 2020

The answer based upon the facts presented is no CPS cannot take the child. However, be aware that until ordered to do so by a judge, you do not have to take a drug test.

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