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New York

Back to Marijuana Laws

New York allows both medical and recreational cannabis use. Employment discrimination based on off-duty cannabis use is generally prohibited, subject to specific exceptions.

Legal Status: Yes, medical and recreational

Protections for Medicinal Users & Exceptions:

Employers may not discriminate against employees for off-duty cannabis use, with exceptions for specific circumstances.

Protections for Recreational Users & Exceptions:


Restrictions on Testing for Cannabis:

Employers may not test for cannabis unless certain exceptions apply, including reasonable suspicion or federal law conflicts.


Employers may not take adverse employment actions based solely on off-duty cannabis use unless specific conditions, such as federal law conflicts, apply.