On April 9, 2019, the New York City Council passed legislation which will prohibit employers from requiring a prospective employee to submit to drug testing for the presence of tetrahydrocannabinols (THC), the active ingredient in marijuana, as a condition of employment. The bill, which is expected to be signed into law by Mayor Bill de Blasio, will amend the New York City Human Rights Law to make pre-employment marijuana testing a discriminatory act.

Specifically, the law amends Section 8-107 of the New York City Administrative Code by adding subdivision 31 to specifically prohibit employers, labor organizations, employment agencies, or their agents from requiring prospective employees “to submit to testing for the presence of any tetrahydrocannabinols or marijuana in such prospective employee’s system as a condition of employment.”  The law does not apply to any individuals applying for work (a) in law enforcement positions, such as police officers, peace officers, or investigators with the department of investigation; (b) as laborers, mechanics, workers, contractors, or other persons working on a public work site; (c) for any position that requires compliance with Section 3321 of the NYC Building Code; (d) for any position requiring a commercial driver’s license; (e) for any position requiring the supervision or care of children, medical patients, or vulnerable persons as defined by Section 488(15) of the New York Social Services Law; or (f) for any position that could “significantly impact the health or safety of employees or members of the public,” as determined by the Department of Citywide Administrative Services, or identified in regulations issued by the NYC Commission on Human Rights.

In addition, the law would not apply where drug testing of prospective employees is required in accordance with: (a) regulations issued by the United States Department of Transportation and/or the New York State or New York City Departments of Transportations; (b) any contracts or grants from the federal government to an employer; (c) federal or state statutes; or (d) a collective bargaining agreement.

If the bill is signed, the law would take effect one year after enactment. New York City employers would need to modify their drug-testing policies before the effective date to comply with the law.