BUFFALO, N.Y. — The legalizing of marijuana is highly recommended, according to a soon-to-be-released report by the New York State Department of Health.
The recommendation falls on the heels of the addition of prescription opioid addiction to the pre-existing medicinal marijuana program. The department also plans to give suggestions on regulating legal recreational marijuana use.
Western New York attorneys say this endorsement could impact obligations of employers and workplace rules.
“These are very unchartered waters, and that's one of the things employers should understand,' " said labor lawyer Michelle Lee Flores.
Back in September 2014, Gov. Andrew Cuomo (D) signed the Compassionate Care Act, allowing Doctors to prescribe liquid marijuana to patients with chronic illnesses.
Flores told Spectrum News the expansion of the state’s program will force companies to re-examine their drug testing policies.
“On a day to day basis, because this law involving marijuana is changing the standards of decency, businesses are taking a close look at it every day,” said attorney John Elmore.
Currently, New York law allows employers to require drug testing as a condition of employment. Elmore says the fact the Department of Health made a favorable recommendation of marijuana won’t change that.
According to Elmore, for certain industries, it will be a necessity for employers to enforce drug testing.