New York Drug Laws
We are going to explore two aspects of New York drug laws and the information necessary to learn how to pass a drug test in New York.
Learning The Basics Of New York Drug Laws.
First, we are not attorneys and can not provide specific advice on the New York Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local New York drug laws.
Second, for those of you who are concerned with those New York Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in New York.
There Are Four Major Drug Tests Given In New York.
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in New York.
New York Drug Laws For Employees.
New York state has no law addressing drug testing in private employment. Although many states have passed laws regulating or restricting an employer’s right to require drug testing, New York is not one of them. The state of New York has no law addressing drug testing in private employment. This means that drug testing is not prohibited or restricted, unless it violates other legal provisions (such as a law prohibiting discrimination; see below).
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in New York ? Even though New York Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.
Here are some examples:
- Violation of New York Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An New York employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
- Disability Discrimination. An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
- Other Discrimination Claims. An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
- Invasion Of Privacy. Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
- Defamation. An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
Breakdown Of New York Drug Laws.
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The New York Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in New York Are For Breaking New York Drug Laws For Marijuana, Not Federal Or Local Laws.
New York drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in New York behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in New York using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. New York is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.
NOLO – Legal Encyclopedia – New York Laws on Workplace Drug Testing.
Overview Of New York Drug Test Laws.
This Is But One Step In Learning To Pass A Drug Test. For more information see How To Pass A Drug Test.
- State Law on Drug Testing – Per New York state law on how to pass a drug test, pass a drug test if an employer conducts alcohol or drug testing than the tests must be conducted according to the laws set forth by the state. This is especially true as regards the “where” of drug testing.
- Types of Drugs – State law does not require that employers test for any particular drug. It is up to the employer, public or private, as to which drugs or alcohol they choose to test for. Most employers will test for illegal drugs and inhalants. Some even include prescription drugs in their tests.
- Policy Disclosure – There is no state requirement that mandates the company drug test policy be displayed where all employees can see it.
- Written Policy on Drug Abuse and Testing – While the state of New York has no law regarding a written drug policy there is a recommendation in place. For the purpose of unemployment and workers’ compensation it is strongly advised by the state that a written policy be put in place by the employer. The written policy should be contained in the employee handbook for easy access.
- Drug Testing Procedures – New York does not require one type of drug test over another. It is up to the employer, public or private, to decide what type of drug testing it wishes to use. The most common is urine drug testing but blood testing and hair sampling are other common options
- Testing Costs – Drug testing is an expensive procedure. There is no state law or ordinance that states who must pay for the drug test. As a rule it is the employer who does pay for the test.
- Drug Testing Location – New York State law does have a say as to where drug testing is done. All employers, both public and private, must send their employees to a state-certified lab for drug testing.
- Who Must Get Tested – New York law does state that there should be random drug testing for those employees involved in dangerous activities or those concerned with public safety. Otherwise there is no mandate that states any particular employee or job functions must be tested for drugs and alcohol.
- Time for Testing – There is no state law requiring drug and alcohol testing prior to being hired or after an accident. Nor is testing required when employees are under suspicion of drug or alcohol abuse. It is up to the employer when drug testing is done. Most employers will test an employee for drugs and alcohol prior to the new hire’s first day on the job.
- Positive Testing – The state of New York requires no mandatory action when an employee tests positive for drugs and alcohol. It is up to the employer as to what action is taken when an employee tests positive for abuse. Some employers will offer treatment programs while other might dismiss the employee. If a test is positive following an accident on the job the company could potentially file charges against the employee.