Marijuana Testing Bans

Marijuana Testing Bans (current list)

Nevada

As of January 1, 2020, employers are prohibited from testing for marijuana prior to hire. However, the law does not apply to applicants for firefighter and public safety positions, including emergency medical technicians. Read more here.

New York City

As of May 10, 2020, pre-employment marijuana testing will be considered an unlawful discriminatory practice as a condition for employment.

Applicants for the following positions can still be tested:

  • Construction workers
  • Police officers
  • Commercial drivers
  • Teachers, teachers' aides, and daycare center employees
  • Positions involving supervision or care of patients in a medical, nursing home, or group care facility
  • Any position that has the potential to significantly impact the health and/or safety of employees or members of the public

The law may not apply if such testing is required by the U.S. DOT, federal contracts or grants, federal or state statutes, or collective bargaining agreements. Read more here.

Washington, DC

On August 14, 2015, the District of Columbia passed a law which prohibits employers from testing a prospective employee for marijuana use until after a conditional offer of employment has been extended, unless otherwise required by law. Read more here.

411 on Marijuana Testing Bans

As the number of states that have legalized the use of marijuana is on the rise, cities and states have begun enacting laws surrounding pre-employment marijuana testing.

Regardless of your local recreational and/or medical marijuana laws, including the protections discussed below, there are instances in which employers may still take adverse action in response to a positive marijuana test. This is especially true for:

  • Employers that contract with the federal government or are required to maintain a "drug-free workplace" to secure federal funding
  • Certain positions considered to be safety-sensitive