Pre-employment Drug Testing for Marijuana

Adopted Rules: Closed to Comments

Effective Date: 
Friday, July 24, 2020
Download Copy of Adopted Rule (.pdf): 

Notice of Adoption 


NOTICE IS HEREBY GIVEN, pursuant to the authority vested in the New York City Commission on Human Rights (“Commission”) by section 905(e)(9) of the New York City Charter and in accordance with the requirements of Section 1043 of the Charter, that the Commission has adopted new rules governing pre-employment testing for marijuana.  


The required public hearing was held on April 16, 2020. The Commission voted to adopt the final rules at a public meeting held on June 16, 2020.


Statement of Basis and Purpose of Rule

The New York City Commission on Human Rights (the “Commission”) is amending its rules to add exceptions to the general prohibition on preemployment testing for tetrahydrocannabinols or marijuana. 

The Commission’s authority for these rules is found in sections 905(e)(9) and 1043 of the New York City Charter and section 8-107(31) of the Administrative Code.