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Can I Be Tested for Marijuana During the NYC Job Application Process?

Bronx County civil service job defense attorney

Over the last few years, marijuana laws have been changing drastically around the country. In most states, marijuana laws apply to specific situations, and it is not entirely legalized. However, new rules regarding drug tests took effect this year in New York City. When applying for a new job, it is important to know your rights so that you are not wrongfully banned from positions for which you are qualified. If you think that a potential employer has violated the new marijuana testing laws, it is crucial that you speak to an experienced civil service job defense attorney to protect your rights.

NYC Marijuana Tests

As of May 10, 2020, most New York City employers are not allowed to test job applicants for marijuana or THC. However, this rule only applies to prospective employees. If an employer suspects an employee of using marijuana while at work, they are still able to conduct a drug test. Although this new law does not legalize marijuana, it prevents job applicants from being unfairly discriminated against.

However, some employers are exempt from this new rule. Those involved with the U.S. Department of Transportation are allowed to test job applicants. Anyone working under federal government contracts or grants is allowed to be tested for marijuana use during the application process. Law officers can be tested, many prospective candidates for jobs in the medical field may be tested, and more. If you are not sure whether a potential employer can test you for marijuana or THC, visit the NYC government’s website for a more detailed breakdown. 

NYC Marijuana Law

At this point, it is worth reiterating how the use or possession of marijuana is viewed by NYC law enforcement. In 2019, NYC marijuana laws were overhauled, but possession is still technically illegal. The potential punishments for this offense were toned down. Instead of making arrests, anyone caught with up to two ounces of marijuana may be fined. If you are caught with over two ounces of marijuana, you can receive a misdemeanor but may not face any jail time.

Contact a New York City Civil Service Job Defense Attorney

Marijuana laws in NYC have only recently changed, so it is important to make sure that you understand your rights under these new rules. If you face any charges for marijuana possession or use, or you are worried that a potential employer is taking steps that they should not in order to perform a drug screening during the application process, work with The Law Firm of Gregory J. Watford, Esq., PLLC. With 25 years of litigation experience and more than 10 years of law enforcement experience, Attorney Watford will aggressively defend your case. To schedule a consultation with our Bronx civil service job employment and job defense lawyers, call our office today at 646-580-6675.

 

Sources:

https://www1.nyc.gov/site/nypd/about/about-nypd/policy/marijuana-law.page

https://www1.nyc.gov/assets/cchr/downloads/pdf/materials/FAQ-Preemployment-Testing-for-Marijuana-May-8-2020.pdf

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