2021 Membership Directory Final

WHAT DOES MARIJUANA LEGALIZATION MEAN FOR DEALERS?

On March 31st Governor Cuomo signed a bill allowing recreational marijuana use, and the possession of up to 3 ounces of marijuana (about 50 joints worth), by adults 21 and older. That means that marijuana use is essentially the same, from a legal perspective, as consuming alcohol.

2021 MEMBERSHIP DIRECTORY & SERVICES GUIDE HOT TOPICS

What Dealers Need to Know • To restate the obvious, it is now legal for your employees to use marijuana. An employee’s use of marijuana is now the same as any other employee going to Friday Happy Hour or enjoying a cocktail on a Saturday evening. • And just as you can’t discipline or terminate anyone for off-duty and off-site consumption of alcohol, the same applies to marijuana use. Nor can you discipline or terminate an employee for off-site possession of marijuana. • As with alcohol abuse, dealers are able to discipline or terminate an employee that is impaired by marijuana while at the dealership. However, as noted above, establishing that an employee is under the influence of marijuana is a challenge. Making the case for discipline will be difficult but will undoubtedly require observations by co-workers and as much evidence as you can gather to support your decision. • Dealers cannot deny an individual’s application for employment based on marijuana usage.

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