The New York City Council has passed legislation banning pre-employment testing for marijuana, and the Mayor has indicated that he will sign it.
Under this first-in-the-nation law, employers may not test applicants for the presence of any tetrahydrocannabinols (THC), the active ingredient in marijuana. There are exceptions to this ban, including for: law enforcement; certain building occupations; commercial drivers; those supervising or caring for children, medical patients and vulnerable individuals; and certain positions that could significantly impact public safety. In addition, pre-employment testing may be conducted if it is required by: federal, state or local Departments of Transportation regulations; federal or state law, order, or regulation requiring testing for safety or security purposes; a federal contract or grant; or a collective bargaining agreement. Notably, employers may still prohibit employees from using marijuana or being under the influence while at work.