Keeping up with laws that impact background screening, drug testing and hiring can be difficult. We know you don’t always have time to research what’s going on, which is why we’ve rounded up some recent legislative updates employers should know about.
Pre-Employment Marijuana Drug Testing Banned in NYC
The New York City Council passed a bill banning pre-employment drug testing for the presence of marijuana or tetrahydrocannabinols.
The ban won’t prevent employers from drug testing existing employees for marijuana. Additionally, some positions will be exempt from the ban: law enforcement positions or positions requiring a CDL, for example, may still screen candidates for marijuana.
The ordinance became law on May 10th, 2019 and will take effect one year after the date of enactment.
Drugs That Include CBD with Less Than 0.1% of THC Are No Longer Schedule I
The federal Drug Enforcement Agency (DEA) says that drugs that include CBD (cannabidiol) with less than 0.1% of THC (tetrahydrocannabinols) are now considered Schedule V drugs, provided they’re approved by the federal Food and Drug Administration (FDA).
This is the first time the DEA has removed any form of cannabis from Schedule I. Besides this very limited exception, marijuana and CBD are still illegal under federal law.
New York State Increases Access Fees for County and State Searches
On April 13, 2019, the New York Office of Court Administration (NY OCA) increased their fee from $65 to $95. This increase impacts all county and state searches within the state of New York.
The New York OCA fee is the highest in the country. The state plans to use the increased revenue to help fund legal services for people who can’t afford it.
If you believe any of these legislative changes will impact your organization, we recommend working with your organization’s attorney to learn more about the laws and to develop a game plan to ensure compliance.