Brooklyn, NY asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for New York

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 Would my offer be rescinded if the drug test comes back with positive marijuana if the employer resides outsides of NYS?

1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • Employment Law Lawyer
  • New York, NY
  • Licensed in New York

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

https://www.ny1.com/nyc/all-boroughs/politics/2021/10/22/new-york-employers-are-banned-from-testing-most-workers-for-weed

Apply for the job honestly. Complete all questionnaires, etc... honestly. Wait for the decision on employment. If you are not hired, request an explanation, reasons for not being hired.

Then, if still unsuccessful, begin calling employment lawyers with a copy of the position you applied for, your resume, hopefully screen shots of your application, the job duties, requirements, and any other correspondence with this potential employer.

It looks like you have not yet been denied work. Suggestion: Do not try to educate an employer on the law unless you are a lawyer because that itself could be perceived as uncooperative or potentially uncooperative for this employer's prospective managers. If they sense pushback in a remote setting it may be worse than if you reported to an actual work location daily.

Comply, complete, see what happens, then call employment lawyers. Good luck. Good question.

Remember that just because marijuana is legal does not mean that employees may consume as they wish any more than drinking on the job would be accepted. I just posted a video on these issues on YouTube. The channel is called Employment Law Reality Check. It was launched in 2018 to encourage employees across New York State to call many employment lawyers when employment law issues arise. Be safe.

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