The Governor signed New York’s Compassionate Care Act, which will permit limited use of medical marijuana by individuals suffering from covered medical conditions, making New York the 23rd state to legalize the use of medical marijuana. Of relevance to employers, New York is one of only a few states that deem covered individuals (“certified patients”) to be “disabled” categorically under the state human rights laws. The law will create challenges for employers as it relates to drug testing policies since it is unclear whether an employer must excuse or accommodate a positive drug test where the employee is a certified patient taking marijuana in approved forms.

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