New Device May Cause Major Problems For Marijuana Users In New York

There is a new device that may cause massive problems for cannabis users in New York State. Medical marijuana has been legal in New York since 2016 and adult-use recreational marijuana has been legal since 2021. But, with every freedom comes an effort to regulate and control it. This new device aims to do just that.

New Marijuana Breathalyzer Aims To Stop On The Job Use

The Hound Cannabis Breathalyzer, which was created by Hound Labs, may pose a huge risk to marijuana users in New York State. It's the breath test to determine if a person has recently used cannabis. Traditional drug tests can detect THC in a person's system, but can't determine how long ago marijuana was consumed. The Hound Cannabis Breathalyzer can. Nina French, President of Employer Solutions at Hound Labs, said,

Employers want to use this extraordinary tool that drug testing is but not look back at use 48 hours ago, or, even in some cases, weeks ago and, so, it was very important to have a tool to look at that very recent use that happened during the workday verses that past use that falls into somebody’s private time. The most important piece of this is that it is that isolation of recent use– that’s what’s been missing in the market.

An employer can test an employee if they show signs of impairment, which can be very subjective. When it comes to New York State law's description of impairment, it's pretty vague,

There is no dispositive and complete list of symptoms of impairment. Rather, articulable symptoms of impairment are objectively observable indications that the employee’s performance of the duties of the position of their position are decreased or lessened.

Not only could employers use the breath test on employees, law enforcement could potentially use it on drivers or even incarcerated individuals. According to CBS 6,

Hound Labs is also working with law enforcement to create an on-demand breathalyzer for police that better meets their needs, one that provides instant results.

 

Can Your Job Discriminate Against You For Using Marijuana In New York State?

The answer is both yes, and no. There are certain instances when marijuana use can be an issue when it comes to your job. Here's what you need to know: