New York Drug Laws

New York Drug Laws & How To Pass A Drug Test in 2018.  Whether you want the most current information on New York drug laws or you need to learn how to pass any drug test in New York, you have come to the right place.

Do You Need To Pass A Drug Test In New York?

New York Drug Laws And Regulations Are Tough.  This information has been specifically developed for those individuals in New York who are concerned with learning how to pass a drug test specifically in New York.

First, we are not attorneys and can not provide legal advice on New York Drug Laws And Regulations. This can only be done with an Attorney.  It is very important you seek professional advice skilled with the ins and outs of New York drug laws and those drug laws specific to your location in New York.  You need to make the choice of when and were to see legal advice.

Second, for those of you who are concerned with those New York Drug Laws being applied to you, we offer not only information to pass a drug test in New York, but specific information on various drug laws and regulations in New York.  In you live in New York and want to pass a drug test in New York, you need this information.

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.  We will also provide information on how to detoxify your body completely and permanently.

How To Pass A Drug Test For Urine.How To Pass A Drug Test For Urine.  The Urine Drug Test is the most common due to its simplicity to administer, accuracy and immediate results according to New York drug laws.  The urine drug test is also the easiest to beat.

How To Pass A Drug Test For Saliva.How To Pass A Drug Test For Saliva.  The Saliva Drug Test can be given at anytime, anywhere and by anyone according to New York drug laws. The saliva drug test results are also very accurate and immediate.

How To Pass A Drug Test For Hair.How To Pass A Drug Test For Hair.  The Hair Drug Test can detect drug usage in any hair that was growing anywhere on your body at the time you used the drug according to New York drug laws. You are at risk for at least 90 days from your use.

How To Pass A Drug Test For Blood. How To Pass A Drug Test For Blood.  The Blood Drug Test is very accurate and must be given by a heath care professional according to New York drug laws. It is most often given by insurance companies or law enforcement.

How To Detoxify Your Body Completely.How To Detoxify Your Body Completely.  If you have 5 days you can detoxify your body completely and permanently.  You can be toxin free until you choose to reintroduce new ones.

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.

New York Drug Laws. New York
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Testing Bullet Points:
  • While the general provisions of the law on Labor penalizes employers who require applicants and employees to pay for the costs of any medical examination required by the employer as a condition for employment, there exists a categorical statement in the New York City Administrative Code that drug tests are not to be considered as a type of medical test.
  • Alcoholism and drug abuse are considered diseases as far as New York jurisprudence is concerned. The current illegal use of drugs by employees is outlawed and is a basis for termination. However, persons who have recovered or are recovering from alcoholic or drug addiction are protected by the law and must be allowed reasonable accommodation which may include adjustments to work schedule to allow ongoing treatment.
  • Employers who know of an employee’s current illegal use of drugs are encouraged to offer a leave of absence to the employee with a required attendance at a rehabilitation program and a last chance agreement upon return. If the employee refuses the offer, disciplinary action or termination is authorized.
  • Drug testing of school system drivers is mandatory in New York which may include pre-employment, random, reasonable suspicion, post-accident, and return to duty drug testing. Only certified laboratories may conduct the initial and confirmatory tests and a validation by a medical review officer is required.

Federal law doesn’t have much to say about drug testing except for certain employers such as transportation, nuclear energy, and military contracting industries that are heavily regulated by the federal government.   Many states or even some local governments often do regulate drug testing. For a more comprehensive look at Federal, State or Local Drug Testing Laws see Workplace Drug Testing Laws.

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.

REFERENCE:

NOLO – Legal Encyclopedia – New York Laws on Workplace Drug Testing.

New York Drug Laws On Marijuana Possession.

Federal Laws On Marijuana Possession.

OView Of New York Drug Test Laws.

This Is But One Step In Learning To Pass A Drug Test.

  1. 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.
  2. 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.
  3. Policy Disclosure – There is no state requirement that mandates the company drug test policy be displayed where all employees can see it.
  4. 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.
  5. 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
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.

Federal Laws On Drug Testing

The Federal Drug Laws can be confusing and even sometimes seem to be in conflict with the New York Drug Test Laws.  Their are specific and rather complex guidelines that Health And Human Services have published entitled Mandatory Guidelines for Federal
Workplace Drug Testing Programs.  Please review this information if you feel it is appropriate in addition to the New York Drug Laws.

Federal Government Overview Of Drug Testing.

If you review the attached Federal Government / CDC Resource Guide you will know what the people giving the tests are trained to look for and the information they have as an instruction booklet.  This would be in addition to the information what you have learned specifically about the New York Drug Laws.