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New York Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Employment Law and Cannabis & Marijuana Law for New York on
Q: Can RNs be fired for testing positive for THC on a drug panel given to them by their employer in Nassau County, NY?

The drug panel is aimed at searching for possible diversion of narcotics from medication room while at work.

James L. Arrasmith
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answered on Nov 4, 2023

Registered Nurses (RNs) in Nassau County, NY, can be terminated for testing positive for THC on a drug panel if their employer has a clear drug-free workplace policy that prohibits the use of marijuana, even if marijuana use is legal in the state for recreational or medicinal purposes. Healthcare... View More

1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for New York on
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.

T. Augustus Claus
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answered on Oct 10, 2023

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,... View More

2 Answers | Asked in Cannabis & Marijuana Law, Intellectual Property and Trademark for New York on
Q: can you name a weed strain after military aircraft like the b-2 stealth bomber or are they copyrighted?
T. Augustus Claus
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answered on Sep 18, 2023

Naming a weed strain after a military aircraft like the B-2 Stealth Bomber could potentially raise legal issues, but it's not primarily a copyright concern. Instead, the primary concern would likely be trademark and intellectual property rights.

The name of a military aircraft like the...
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1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Federal Crimes and Legal Malpractice for New York on
Q: What steps to take filing for new public defender and getting something done about misrepresentation by one?

My soon to be husband has been almost a year awaiting outcome of a federal arrest that I have found out more about online than he has from his public defender. When asked to meet with him she has still a year later never met him in person. She has filed notices and discussed pleas without his... View More

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

One may complain to either or both the Federal Defender's Office of NYS and the presiding judge in the case, but had better have all the details correct and back up the allegations.

Q: Is it legal for a company to not hire me because I tested positive for marijuana?

If it's not, what do I do about it?

Daniel A. Johnston
Daniel A. Johnston
answered on Mar 11, 2023

While there are some exceptions, it is typically illegal for a company to not hire you in New York based solely on a positive drug test for THC. If that's what they did, and why they did it, and no exceptions apply, you can sue them.

1 Answer | Asked in Cannabis & Marijuana Law for New York on
Q: Which states allows to produce hemp cigarettes?

We plan to start a manufacturing plant to make hemp cigarettes and are looking for location now. The product looks like a traditional cigarette, but no tobacco or nicotine. It contains hemp or CBD.

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 8, 2023

You may consider starting your research here:

https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2020/01/06/cannabis-confusion-pushes-states-to-ban-smokable-hemp

https://www.ncsl.org/agriculture-and-rural-development/state-industrial-hemp-statutes

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:

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....
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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... View 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:

https://www.cannamd.com/whats-the-difference-between-medical-recreational-marijuana/

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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