What it means for you
Since May 10, 2020, most New York City employers can't make you pass a marijuana (THC) test to get hired. Exceptions cover safety-sensitive jobs like police, commercial drivers, and certain construction jobs.
Who benefits: People applying for most jobs in New York City, except for safety-sensitive jobs and jobs where federal or state rules, federal contracts or grants, or a union contract require testing.
If you’re applying for a job in New York City, most employers can’t make you take a marijuana (THC) test before they hire you. The city’s Human Rights Law treats that kind of test as illegal discrimination, so you can report an employer to the NYC Commission on Human Rights. You don’t need to do anything to be protected. The ban covers job applicants, not people who already work there, and employers can still test for other drugs.
Some jobs are exempt: police and peace officers, construction jobs that require OSHA safety training, jobs that need a commercial driver’s license, and jobs caring for children, patients, or other vulnerable people. Testing is also allowed where federal or state safety rules, a federal contract or grant, or a union contract calls for it. In 2020 the Commission’s rules added a few more safety-sensitive jobs, such as work near gas or power lines and driving on most work shifts.
Jumaane Williams introduced the bill, and Majority Leader Laurie Cumbo and Council Member Carlina Rivera were Council co-sponsors. The Council passed it on April 9, 2019. Mayor Bill de Blasio returned it without signing it, and it became law on May 10, 2019 without his signature. Employers had a year to get ready before the ban started on May 10, 2020. Williams later spoke out against the city adding more exemptions.
Work and wagesRights
Sources
- Int. 1445-2019, Prohibition of drug testing for pre-employment hiring proceduresNew York City Council, May 10, 2019
- Local Law 91 of 2019NYC Commission on Human Rights
- Official Rules of the NYC Commission on Human Rights (Title 47, § 2-07)NYC Commission on Human Rights
- Public Advocate opposes adding exemptions to pre-employment THC testing banOffice of the NYC Public Advocate, January 13, 2020
- New York City employers are barred from testing job applicants for marijuana useJackson Lewis P.C.
- New York City adds more exceptions to pre-employment marijuana testing banMarijuana Moment
How we checked this
Drafted by Claude Opus 5.5 (Anthropic) on November 11, 2026. Checked against its sources by GPT-5.6-sol (OpenAI) on November 11, 2026, which corrected it. Confirmed the law remains in effect through current NYC law and rules. Corrected overbroad exception wording and the description of who introduced and co-sponsored the bill.
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