IN A LEGALIZED STATE – WHAT MAY LOOK DIFFERENT (OR NOT) THIS YEAR:
ACCESS TO CANNABIS:
Not much has changed since 2021. While possession of cannabis is legal in New York and New Jersey, there will not be any legally operating dispensaries in either state. In the ultimate troll move, Governor Phil Murphy announced on April 21, 2022, one day late, that New Jersey will begin selling adult-use cannabis. While New York has made it easier to get a medical cannabis license, it's unlikely that this has led to a significant uptick in purchases of legal cannabis on 4/20.
IN THE WORKPLACE:
New York employers can no longer discriminate against employees who use cannabis outside the workplace. Cannabis use can potentially show on drug tests for weeks after usage, making them an unreliable way to prevent cannabis use at work. In fact, drug testing for cannabis is illegal in New York unless needed by state or federal law, the employer loses a federal contract or federal funds, or the employee exhibits "specific articulable symptoms of cannabis impairment." Employers can still prohibit cannabis use during work and prohibit employees from working under the influence of cannabis.
NEXT YEAR:
While adult-use cannabis has been legal in New York and New Jersey for over a year, don't expect any major changes this 4/20. Next year will most likely usher in the first 4/20 when adult-use cannabis will be publicly available. In the meantime, enjoy the day and prepare for retail sales by reading our other cannabis and employment blog postings.
Need more clarity and a legal perspective? Contact Kevin at kevin@kmckernan.com or 718-317-5007