To say that cannabis legalization in New York is facing major challenges would be an understatement. The state seems to be struggling to get its act together.
Take, for example, a recent report by the Cornell Labor and Employment Law Program. The report highlights the ongoing confusion surrounding the testing of workers for marijuana impairment and raises concerns about the state’s current laws, which fail to provide clear guidance for employers and employees.
Employers have the right to ensure that their workers are not under the influence of drugs while on the job, especially for positions that involve driving or operating machinery. However, the Marihuana Regulation and Taxation Act in New York prohibits employment discrimination based on an employee’s cannabis use outside of the workplace (note: cannabis use is still illegal on the federal level).
So, when can an employer conduct a drug test? That remains unclear. According to the Cornell report, there are no state regulations that address this issue. Additionally, there are no clear guidelines on how an employee can challenge a positive test or what punishments, including termination, may follow. This is further complicated by the lack of a reliable test for immediate marijuana impairment.
Furthermore, the state’s laws do allow employers to discipline or terminate employees who exhibit specific symptoms of marijuana use. However, these symptoms and situations are not clearly defined in the statute. The impact of discharge or disciplinary actions on unemployment insurance eligibility is also uncertain.
In summary, state lawmakers have failed to provide the necessary support to help employers and workers navigate the consequences of cannabis legalization. As a result, they are left to figure it all out on their own.
And this confusion is not limited to employment issues. We have previously discussed the challenges faced by cannabis growers in New York. Due to the state’s failure to establish licensed dispensaries, these growers are left with no market for their crops. The severity of this situation was evident during a recent meeting of the state Cannabis Control Board, where distressed marijuana farmers, processors, and retail license holders expressed their frustration.
“I have over 500 pounds of cannabis sitting and rotting right now,” a farmer from Niagara County told the board. “This has ruined my life,” the grower added. “We are exhausted. We are done. We are struggling. We need assistance.”
The state encouraged cannabis farmers to cultivate the crop, promising them a thriving market. Now, it is the responsibility of state lawmakers and Governor Kathy Hochul’s administration to rectify this situation and support the struggling farmers. They must take immediate action to address this issue and provide compensation for the losses suffered by cannabis farmers.
Of course, it was expected that the legalization of marijuana would be challenging and complex. However, the confusion and distress witnessed in New York cannot be solely attributed to anticipated hurdles. They arise from the inadequate preparation by state policymakers, ultimately leading to failure.
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