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Legal Cannabis and Workplace Drug Policies in NY and NJ

Published by Ty Hyderally at July 4, 2025

About the Author

Ty Hyderally is a respected employment law attorney based in Montclair, New Jersey. He is the principal of Hyderally & Associates, a law firm focused on employment-related legal matters such as:

With decades of experience in representing both employees and employers, Mr. Hyderally is frequently sought out for his deep understanding of New Jersey labor law, including his perspective on the rising number of workplace discrimination complaints.

What Changed With Legal Cannabis?

Many people assumed workplace rules would change overnight when New York and New Jersey legalized recreational cannabis in 2021. In reality, legalization added complexity rather than clearing things up.

Employees now have more freedom to use cannabis legally on their own time. However, that doesn’t always mean they’re protected at work. Meanwhile, employers must be more careful. Policies that were once standard, like zero-tolerance drug testing, may no longer work in all situations.

As an employment lawyer, I’ve seen how legalization forced both sides to revisit settled questions. For example, people often ask: if cannabis is legal where I live, does that mean my employer has to allow it?

The short answer is no. Employers still have the right to prohibit use during work hours. They can maintain drug-free policies and take action if someone is impaired on the job.

What that looks like in practice depends heavily on which side of the Hudson you’re on. New York and New Jersey took different approaches to balance employee rights and employer control. Understanding those differences is essential.

Employee Protections in New York and New Jersey

One of the biggest misconceptions I hear is that legalization means total job protection. It doesn’t. The rules around cannabis and employment vary significantly by state. New York and New Jersey have taken very different paths.

New York: Limited Protection for Off-Duty Use

New York’s Marihuana Regulation and Taxation Act (MRTA) legalized cannabis for adults. However, it doesn’t shield workers from job-related consequences. Employers in New York can still enforce drug policies, prohibit cannabis use during work hours, and discipline employees who are impaired on the job.

This leads to a common question: is cannabis use off the clock protected in New York? The law doesn’t explicitly say yes. There are no clear employment protections in MRTA for lawful off-duty use. Instead, employers set and enforce their own policies, as long as they don’t violate other laws like disability or anti-discrimination protections.

In short, legalization grants individuals the right to use cannabis. Yet it doesn’t guarantee that right extends into the workplace.

New Jersey: Broader Protection for Workers

New Jersey’s law takes a much stronger stance in favor of employee rights. This aligns with broader legislative efforts like New Jersey’s Civil Rights and Technology Initiative, which reflects the state’s growing emphasis on digital-era worker protections.

Under the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, employers cannot take adverse action solely because an employee uses cannabis legally and off duty.

This means if someone asks, “Can I get fired in New Jersey just for testing positive for marijuana?”, the answer is no. At least not without more evidence.

A drug test by itself isn’t enough. To discipline or terminate an employee, New Jersey employers must also show observable signs of impairment during work hours. Before taking any action, they must give the employee a chance to explain the result or request a retest at their own expense.

New Jersey’s approach recognizes that cannabis, like alcohol, may be legal while still subject to workplace boundaries. However, those boundaries require clear evidence of job interference.

When Employers Can Still Take Action

Cannabis legalization for adult use doesn’t mean anything goes in the workplace. Both New York and New Jersey give employers the right to enforce certain boundaries, especially regarding performance, safety, and on-the-job behavior.

One of the most important things employees need to understand is this: legalization does not protect you if you’re impaired while working.

If someone asks, “What happens if I show up to work under the influence of cannabis?”, the answer is straightforward. In both states, employers can take disciplinary action when there’s a valid reason. This includes visible signs of impairment, cannabis use on company property, or safety violations tied to drug use.

Here’s what employers in NY and NJ can still do:

Prohibit cannabis use during working hours and on workplace premises
Take action if there are observable signs of impairment, like delayed response time, slurred speech, or unsafe behavior
Enforce drug-free policies for federal contracts, safety-sensitive roles, or transportation regulations

In New Jersey, employers must be especially careful to document those signs. A positive test result alone won’t stand up to legal review unless it’s backed by specific observations during work hours.

This leads to another frequent question: can my employer drug test me if they think I’m high at work? In both states, the answer is yes, though the rules differ.

In New Jersey, testing is allowed based on reasonable suspicion or following a workplace incident. However, it must be paired with documented behaviors that indicate potential impairment. New York allows more discretion, though employers still need to be consistent with their written policies to avoid liability.

How Drug Testing Works With Legal Cannabis

One of the biggest challenges employers face today is figuring out how to handle cannabis testing fairly, effectively, and legally. Unlike alcohol, cannabis doesn’t leave the body in a predictable timeframe. This has changed how drug tests are interpreted, especially in New Jersey.

A common concern I hear is, “Does a positive marijuana test mean I was impaired at work?” Not necessarily. Cannabis metabolites can remain in the body for days or even weeks after use, long after any impairing effects have worn off. That’s why New Jersey law specifically says a drug test alone isn’t enough to justify discipline.

To take any action in NJ, employers must also document clear signs of impairment during work hours. This includes things like erratic behavior, impaired coordination, or the inability to perform routine tasks safely. Without this kind of evidence, a positive result won’t hold up.

This is where something called a Workplace Impairment Recognition Expert, or WIRE, comes into play. New Jersey employers are encouraged to train or designate someone to observe and report signs of impairment.

Until the full WIRE certification process is implemented statewide, interim guidance includes detailed observation forms and supervisor checklists.

In contrast, New York employers don’t face the same documentation requirement. If you’re asking, “Can my job in New York fire me for failing a cannabis test?”, the answer is yes if your employer has a clear policy and the decision aligns with that policy.

There’s no need to prove impairment, although disciplinary actions must still be applied consistently and not in a discriminatory way.

For both employers and employees, the takeaway is this: cannabis testing isn’t as simple as it used to be. The rules are evolving, and what’s acceptable in one state or workplace may not be allowed in another.

What Employers Should Be Doing Now

As cannabis laws continue to evolve, one thing is clear: employers can’t rely on outdated drug policies. Whether you’re in New York or New Jersey, updating your workplace procedures is essential for legal compliance, risk reduction, and maintaining trust.

A question I often hear from businesses is, “Do we need a new policy now that marijuana is legal?” In New Jersey, the answer is almost always yes. Employers need to align their drug and impairment policies with state law, which now requires more than just a positive test to justify discipline.

Here’s what every employer should consider:

Update your written workplace policy to reflect current cannabis laws. In NJ, it must address impairment, not just positive test results. In NY, it should define expectations clearly.
Train supervisors to spot signs of impairment. Knowing what to look for, like confusion or unsafe behavior, helps ensure fair, legal responses to cannabis use.
Use structured observation forms and checklists. This ensures consistent documentation and supports any decision to test or discipline under NJ law.
Designate or prepare a WIRE-certified observer. New Jersey will require a trained Workplace Impairment Recognition Expert to validate impairment cases.
Limit testing to legally appropriate situations. In NJ, testing must follow signs of impairment or an incident, never just suspicion or routine screening.
Review any federal rules that may override state law. Jobs tied to DOT, FAA, or federal contracts may still require zero-tolerance cannabis policies.
Communicate policy changes clearly to all staff. Transparency reduces confusion and shows your company takes compliance seriously.

If you’re wondering, “How do I keep my workplace safe without violating employee rights?”, the key is consistency. A well-written, up-to-date policy is your best protection whether you’re dealing with job applicants, current staff, or a post-incident investigation.

What Employees Need to Know About Their Rights

Legal cannabis can create a false sense of security for employees. Just because it’s legal in your state doesn’t mean your employer has to allow it or that you’re fully protected from discipline. In many cases, especially in New York or federally regulated jobs, employers still have the authority to act.

Understanding what your rights actually cover is crucial. If you don’t know the limits, you might assume you’re protected when you’re not. Alternatively, you might miss the chance to assert your rights when you should. Being informed puts you in a better position to respond if a workplace issue ever comes up.

Here’s what every employee should know:

New Jersey protects off-duty, legal cannabis use. Employers cannot take action based solely on a positive test unless there’s proof of impairment at work.
A failed drug test isn’t the end of the story in NJ. You have the right to request a retest and explain the result within three working days.
New York offers less protection for off-duty use. MRTA doesn’t prevent your employer from disciplining you if their policy prohibits cannabis, even outside of work.
Safety-sensitive or federally regulated jobs follow different rules. Federal law can override state protections, meaning cannabis use may still cost you your job in certain industries.
Know your workplace policy before you use. Understanding how your employer handles cannabis is the best way to avoid surprises after a drug test or incident.
Speak up early if something seems unclear. If you’re unsure how your rights apply, ask HR or speak with an employment attorney before things escalate.

Even in states with strong worker protections like New Jersey, cannabis at work remains legally complex. Knowing where you stand helps you make informed decisions and protect your job if questions arise.

How Federal Law Affects Cannabis Use at Work

Even in states where cannabis is legal, federal law still plays a major role in shaping what employers can and cannot allow, especially in regulated industries. If your job falls under federal guidelines, state protections may not apply as expected.

Many employees ask, “What if my job is federally regulated? Can I still be fired for cannabis use?” The answer is yes. Federal law still classifies marijuana as a Schedule I controlled substance.

This means employers in fields like transportation, defense, aviation, and healthcare may be legally required to enforce zero-tolerance drug policies, even if cannabis is legal in their state.

Both New Jersey and New York recognize this. Their laws explicitly allow employers to follow federal rules when there’s a conflict. In practice, this means that if cannabis use, even off duty, could put a federal contract or license at risk, the employer can act accordingly.

Common examples of affected positions include:

CDL-licensed drivers governed by the U.S. Department of Transportation
Airline personnel and air traffic controllers under FAA rules
Employees handling federal grants or contracts with mandatory drug-free clauses

For these roles, questions like “Can my employer fire me for using cannabis on the weekend?” often have a simple answer: yes, if federal law or contracts demand it.

If you’re unsure whether your role falls into this category, ask your HR department or review the terms of your position. Where state and federal law conflict, the federal standard usually prevails.

Navigating Cannabis Law at Work in NY and NJ

Legal cannabis has changed expectations in and out of the workplace. However, it hasn’t removed the need for clear, well-informed policies. Employees may now have the right to use cannabis legally, though that right doesn’t always protect them from job-related consequences. For employers, the challenge lies in staying compliant while keeping the workplace safe and productive.

These cannabis-related policy shifts are happening alongside broader changes in labor dynamics, including a surge in labor strikes and union organizing across New York and New Jersey.

New Jersey offers stronger employee protections, while New York gives employers more discretion. In both states, federal rules and safety-sensitive roles add another layer of complexity.

Whether you’re navigating a workplace policy, dealing with a disciplinary issue, or trying to understand your rights, clarity matters. Knowing how these laws apply to your situation can help you act early and avoid costly misunderstandings.

If you need guidance navigating cannabis and workplace law in New York or New Jersey, consulting an employment attorney who understands both legal landscapes is a smart next step.