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.

If the current push succeeds, employers will be confronted with novel issues. States that have legalized recreational marijuana have taken a variety of approaches to related workplace issues. While Gov. Cuomo's proposal contains few details, and no specific legislation has been proposed, other jurisdictions may predict how these issues will play out for New York employers. Although medicinal marijuana has had many effects on the workplace, including concerns under the Americans With Disabilities Act, and the New York State and New York City Human Rights Laws, this article is focused on recreational marijuana.