In an effort to stem the tide of COVID-19 transmission, many state and local governments have enacted “shelter-in-place” or “stay-at-home” orders to protect the health and well-being of citizens, and to establish a consistent approach to slow the spread of COVID-19.  Many of these orders identify certain services as essential, including food, prescriptions and healthcare, that can continue to operate despite the “stay-at-home” order.  In many jurisdictions, cannabis dispensaries have been labeled “essential” businesses, and identified under the headings for healthcare, consumer products or agriculture included in the respective order’s “critical” infrastructure or services.
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On April 9, 2019, New York’s City Council passed legislation, available here, which will prohibit employers from requiring prospective employees to submit to testing for tetrahydrocannabinols (THC), the active ingredient in marijuana, as a condition of employment. If, as expected, Mayor Bill de Blasio signs the law into effect, the New York City Human Rights Law will be amended to make it a discriminatory practice to require pre-employment marijuana testing of employees in New York City.
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