GENERAL INFORMATION BULLETIN No. 22-01

TO: Department and Agency Directors of Human Resources, Personnel and Affirmative Action Officers, Equal Opportunity Specialists, Diversity and Inclusion Specialists

FROM: Jessica Rowe, Director of Staffing Services

SUBJECT: Cannabis Testing for State Titles

DATE: March 15, 2022

The Department of Civil Service (Department) conducted a review of the pre-employment drug testing policies and standards for cannabis to ensure compliance with the 2021 Marijuana Regulation and Taxation Act (MRTA). This review resulted in the continuance or discontinuance of pre-employment cannabis drug testing for certain titles.

Titles Requiring Pre-Employment Cannabis Testing Pre-MRTA

Prior to the enactment of the MRTA, agencies required pre-employment drug testing for cannabis for: (1) titles designated as peace or police officers; (2) titles designated as direct care/custodial; and (3) titles subject to federal oversight.

Pre-Employment Cannabis Testing Post-MRTA

Because the MRTA prohibits discrimination in employment based on the legal use of cannabis off-duty and off-site, most pre-employment cannabis testing will stop, effective March 15, 2022. Federal laws that merely authorize but do not require testing are not a basis to continue testing for cannabis. Pre-employment testing will continue only for titles that are required to carry firearms or where required by federal law and/or failing to conduct such testing would cause an agency to lose a federal contract or federal funding. Agencies may continue pre-employment cannabis testing for:

The Department will utilize the above criteria when evaluating the appropriateness of pre-employment cannabis testing for titles established in the future.

Attachment A provides a list of titles, by agency, where pre-employment cannabis testing will continue; and Attachment B provides a list of titles, by agency, where pre-employment cannabis testing will be discontinued.

Post-Hiring Cannabis Testing

For titles noted in Attachment A, or titles in their respective series, that are required to carry firearms or where required by federal law and/or failing to conduct such testing would cause an agency to lose a federal contract or federal funding, testing may also be continued for the following situations:

Because cannabis remains a Federal Schedule 1 drug, a positive test result based upon legal recreational use, legal CBD use, or legal medical marijuana use by employees in these titles would not be permissible.

Lastly, it would not be appropriate to test for cannabis use for employees in any titles outside those meeting the criteria above, including for reasonable suspicion of use on the job, until such time that cannabis testing can detect when the use occurred.

Updating Examination and Title Information

The Department will work with agencies to update appropriate examination announcements, title standards, physical/medical standards, and other appropriate documentation based on the determinations outlined in this bulletin.

Agencies must update any internal and external documents or notifications based on the title determinations using the language below.

Police Officer and Peace Officer (Carry Firearms) Titles or Titles Where Cannabis Testing Will Continue for All Candidates

“Cannabis use is not permitted for employees in this title. Cannabis use will be tested for during the pre-employment screening process and may be the basis for disqualification for employment or may be a basis for removal from employment.”

Titles Subject to Other Federal Standards Where Cannabis Testing Will Continue Based on Employee Assignment

“Cannabis use is not permitted for employees in this title and assignment. Cannabis use will be tested for during the pre-employment screening process and may be the basis for disqualification for employment or may be a basis for removal from employment.”

If you have questions regarding information contained in this bulletin, please email Jessica.Rowe@cs.ny.gov.

Attachments:

Attachment A- Continue Cannabis Testing

Attachment B- Discontinue Cannabis Testing