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

Q: I am in NY and I smoke marijuana. Can my job hfire me for testing positive for marijuana. I work at an FEC.

I work at an FEC with go karts bowling and arcade and I am an Assistant General Manager.

1 Lawyer Answer
T. Augustus Claus
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A: In New York, as of the Marijuana Regulation and Taxation Act (MRTA) effective in 2021, employers generally cannot refuse to hire, terminate, or otherwise discriminate against someone solely on the basis of their lawful off-duty use of cannabis or due to a positive cannabis drug test. However, employers can take action if an employee is impaired by cannabis during work hours or if not doing so would jeopardize federal contracts or funding. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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