ADULT USE CANNABIS AND THE WORKPLACE - New York Labor Law 201-D

Sep 18, 2026

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Workplace guidance on adult-use cannabis under New York Labor Law Section 201-D as amended by the Marijuana Regulation and Taxation Act (MRTA). Explains the anti-discrimination protections for lawful adult cannabis use, and the limited employer actions permitted when state or federal mandates apply, federal law is implicated, or specific articulable symptoms of impairment affect job performance or workplace safety. Clarifies that medical use is not addressed, that drug tests alone do not prove impairment, and that odor or signs of use without impairment cannot establish an impairment basis.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages3

Reading Time8 min

AccessFree to download

Discrimination Prohibited

Permitted Employer Actions

Frequently Asked Questions

Human Resources Issues / Action Against Employees

Drug Testing and Impairment (Cannabis Usage)

ADULT USE CANNABIS AND THE WORKPLACE New York Labor Law 201-D This document is intended to address some of the most common situations or questions in the workplace related to adult-use cannabis and the Marijuana Regulation and Taxation Act (“MRTA”) . This document does not address the medical use of cannabis. For further assistance with New York Labor Law and the MRTA, please visit New York State’s Office of Cannabis Management’s website at [cannabis.ny.gov](cannabis.ny.gov) or consult with an appropriate professional. DISCRIMINATION PROHIBITED The MRTA amended Section 201-D of the New York Labor Law to clarify that cannabis used in accordance with New York State law is a legal consumable product. As such, employers are prohibited from discriminating against employees based on the employee’s use of cannabis outside of the workplace, outside of work hours, and without use of the employer’s equipment or property. PERMITTED EMPLOYER ACTIONS The MRTA amended New York Labor Law Section 201-D by adding a new subsection 4-a, which provides that employers MAY take employment action or prohibit employee conduct where: • An employer is/was required to take such action by state or federal statute, regulation, or ordinance, or other state or federal governmental mandate • The employer would be in violation of federal law • The employer would lose a federal contract or federal funding • The employee, while working, manifests specific articulable symptoms of cannabis impairment that decrease or lessen the employee’s performance of the employee’s tasks or duties • The employee, while working, manifests specific articulable symptoms of cannabis impairment that interfere with the employer’s obligation to provide a safe and healthy workplace as required by state and federal workplace safety laws FREQUENTLY ASKED QUESTIONS: HUMAN RESOURCES ISSUES / ACTION AGAINST EMPLOYEES Is illegal cannabis use protected? Only the legal use of cannabis by adults over the age of 21 under New York State law is protected. The illegal use, sale, or transportation of cannabis is not protected by Section 201-D of the Labor Law. For more information on what is now considered legal use, please visit New York State’s Office of Cannabis Management’s website at [cannabis.ny.gov](cannabis.ny.gov) or consult with an appropriate professional. Can an employer take action against an employee for using cannabis on the job? An employer is not prohibited from taking employment action against an employee if the employee is impaired by cannabis while working (including where the employer has not adopted an explicit policy prohibiting use), meaning the employee manifests specific articulable symptoms of impairment that: • Decrease or lessen the performance of their duties or tasks • Interfere with an employer’s obligation to provide a safe and healthy workplace, free from recognized hazards, as required by state and federal occupational safety and health laws What are articulable symptoms of impairment? There is no dispositive and complete list of symptoms of impairment. Rather, articulable symptoms of impairment are objectively observable indications that the employee’s performance of the duties of the position of their position are decreased or lessened. Employers are cautioned that such articulable symptoms may also bean indication that an employee has a disability protected by federal and state law (e.g., the NYS Human Rights Law), even if such disability or condition is unknown to the employer. Employers should consult with appropriate professionals regarding applicable local, state, and federal laws that prohibit disability discrimination. For example, the operation of heavy machinery in an unsafe and reckless manner may be considered anarticulable symptom of impairment. What cannot be cited by an employer as articulable symptoms of impairment? Observable signs of use that do not indicate impairment on their own cannot be

FAQs

Is illegal cannabis use protected under Section 201-D?

Only legal use of cannabis by adults over 21 under New York State law is protected. Illegal use, sale, or transportation is not protected under Section 201-D of the Labor Law.

Can an employer take action against an employee for using cannabis on the job?

Employers may take employment action if the employee is impaired by cannabis while working. Impairment must be shown through specific, articulable symptoms that decrease performance or interfere with obligations to maintain a safe and healthy workplace.

Can a drug test be used as the basis to conclude impairment?

No. A cannabis usage test cannot serve as the basis for concluding impairment because it does not currently demonstrate impairment. The document points readers to the later section on drug testing for more information.

Sep 18, 2026

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