Gov. Andrew Cuomo recently proposed New York legalize recreational adult-use marijuana, joining 16 states that have already done so. In recent years, New York has relaxed its marijuana laws, allowing medicinal marijuana use and decriminalizing possession of small amounts. The Governor’s proposal raises a variety of issues for employers, including testing, discipline, impairment, effects on job performance, and workers’ compensation to name a few.
Notably, the manufacture, distribution, dispensation, and possession of marijuana, a Schedule I controlled substance, remain illegal under federal law. Governor Cuomo’s proposal contemplates state and local taxes on marijuana sale, and is estimated to bring in $300 million in annual tax revenue. New York would become the third state to legalize recreational use marijuana by legislation rather than referendum.
