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DeBlasio

  • by Paul Armentano, NORML Deputy Director May 14, 2019

    City lawmakers have successfully passed a pair of municipal bills limiting situations where those seeking employment or on probation may be drug tested for past cannabis exposure.

    Democratic Mayor Bill DeBlasio on Thursday permitted both bills to become law absent his signature.

    Commenting on the new laws, NORML Executive Director Erik Altieri said: “These reforms protect the civil liberties of New Yorkers and promote fair treatment. There is no reason to treat cannabis consumers as second class citizens. We shouldn’t penalize those who privately use cannabis responsibly from gainful employment, nor should the courts seize upon this behavior as a justification to return someone to jail or prison.”

    Bill No. 1427 states, “The department of probation shall not require individuals to submit to marijuana testing unless a determination is made, based on an individuals’ history and circumstances, that abstinence from marijuana is necessary to otherwise lead an otherwise law-abiding life.” The new law takes immediate effect.

    Bill No. 1445 states, “[I]t shall be an unlawful discriminatory practice for an employer, labor organization, employment agency, or agent thereof to require a prospective employee to submit to testing for the presence of any tetrahydrocannabinols or marijuana in such prospective employee’s system as a condition of employment.” Exceptions to the new law include those employees seeking certain safety sensitive positions – such as police officers or commercial drivers – or those positions regulated by federal drug testing guidelines. The law take effect in one year.

    Additional information is available from the NORML fact-sheet, “Marijuana Legalization and Impact on the Workplace,” online here.

  • by Paul Armentano, NORML Deputy Director April 11, 2019

    Members of the New York City Council approved a pair of municipal bills this week limiting situations where those seeking employment or on probation may be drug tested for the past use of cannabis.

    Council members overwhelmingly voted in favor of a municipal proposal (No.1445) barring employers from drug testing certain job applicants for the presence of marijuana.

    The proposal states, “[I]t shall be an unlawful discriminatory practice for an employer, labor organization, employment agency, or agent thereof to require a prospective employee to submit to testing for the presence of any tetrahydrocannabinols or marijuana in such prospective employee’s system as a condition of employment.” Council members passed the bill by a vote of 40 to 4.

    Under the plan, employees seeking certain safety sensitive positions – such as police officers or commercial drivers – or those positions regulated by federal drug testing guidelines, would be exempt from the municipal law.

    The measure now awaits final approval from City Mayor Bill DeBlasio. The new rules would take effect one-year after being signed into law.

    Studies have identified the presence of the inert carboxy-THC metabolite in the urine of former marijuana consumers for periods of several months following their last exposure.

    Council members also advanced separate legislation (No. 1427) to the Mayor’s office limiting situations in which persons on probation may be drug tested. Once signed, the new rules will take immediate effect.

    A resolution (Res. 641) calling on the New York City officials to expunge the records of all city misdemeanor marijuana convictions is pending. New York City police made over 78,000 marijuana possession arrests between the years 2014 and 2017.