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New York drug testing laws for employers

New York has no general drug testing statute for private employers, but state law protects legal off-duty cannabis use and the Department of Labor says you generally cannot test for cannabis unless a law requires it. New York City also bans pre-employment marijuana testing for most jobs. The state offers a 2% workers' comp credit for an approved drug and alcohol prevention program that does not require testing.

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The state law

We found no New York statute that sets general drug testing procedures for private employers (no statute found).
Under Code Rule 60 you can earn a workers' comp premium credit for an approved drug and alcohol prevention program, with 2% a year for three-year periods (NY DOL Code Rule 60 page).
To qualify you must pay at least $5,000 a year in workers' comp premiums and have an experience rating under 1.30 (12 NYCRR 60-1.4(a)).
The program needs a policy against drugs and alcohol at work, confidential referral to counseling, and training for supervisors and employees, but drug testing is not required (12 NYCRR 60-1.14).
A Department of Labor certified specialist must evaluate the program, and you apply at least 120 days before your policy renews (NY DOL Code Rule 60 page).

Testing applicants

You may not refuse to hire someone because of legal off-duty cannabis use, unless an exception in the law applies (Labor Law 201-d(2)(b), (4-a)).
In New York City, you may not require a job applicant to take a marijuana or THC test as a condition of employment (NYC Admin. Code 8-107(31)(a)).
The NYC ban does not apply to police and peace officers, construction site safety jobs, CDL jobs, jobs caring for children, patients or vulnerable people, jobs the city lists as affecting health or safety, DOT-required tests, federal contracts or grants that require testing, or union contracts that address testing (NYC Admin. Code 8-107(31)(b)).

Random testing

We found no state law that limits random testing by private employers for drugs other than cannabis (no statute found).
The Department of Labor says an employer cannot test an employee for cannabis unless Labor Law 201-d(4-a) or another law permits it, and that federal law merely allowing a test is not enough (NY DOL cannabis FAQ P420).

Marijuana (recreational)

You may not refuse to hire, fire or discriminate against someone for legal cannabis use before or after work hours, off your premises and without your equipment (Labor Law 201-d(2)(b)).
You may act on cannabis use if a state or federal law requires it, if federal law or a federal contract or funding would be at risk, or if the worker shows specific articulable symptoms of impairment while working (Labor Law 201-d(4-a)).
The Department of Labor says a cannabis test cannot be used to show impairment, and the smell of cannabis alone is not enough (NY DOL cannabis FAQ P420).
You may ban cannabis during work hours, including breaks, meal periods and on-call time, and on your property and in company vehicles (Labor Law 201-d(1); NY DOL cannabis FAQ P420).
A certified medical cannabis patient is treated as having a disability under the state Human Rights Law, though you may still enforce a policy against working while impaired (Cannabis Law 42(2)).

Also good to know

Workers' comp does not pay when an injury was caused solely by the worker's intoxication from alcohol or a controlled substance while on duty (Workers' Comp. Law 10(1)).
The law presumes an injury was not caused solely by intoxication, so the employer must prove it (Workers' Comp. Law 21(4)).

Common questions

Is drug testing legal for employers in New York?

Can employers in New York test applicants before hiring?

You may not refuse to hire someone because of legal off-duty cannabis use, unless an exception in the law applies (Labor Law 201-d(2)(b), (4-a)).

Is random drug testing allowed in New York?

We found no state law that limits random testing by private employers for drugs other than cannabis (no statute found).

Can a New York employer act on a positive marijuana test?

You may not refuse to hire, fire or discriminate against someone for legal cannabis use before or after work hours, off your premises and without your equipment (Labor Law 201-d(2)(b)).

Some rules for New York weren't confirmed from an official source. Check with the state before relying on this page.

Sources

This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.

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