Now that marijuana is legal in New York what does that mean for you if you have a past conviction or pending case? Well, it is possible that you could have the charges reduced, refiled or even dismissed.

For pending cases, it was reported this week by WIVB, the Erie County District Attorney's Office announced it will reexamine all pending cases that involve criminal possession of marijuana.

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For example, it was 10 pounds of marijuana was a class c felony. It’s now a class d felony. And then so on and so forth. So we have to refile all those charges now. And for the ones that are three ounces and below, I’m just going to proactively dismiss those. And not wait for the defense lawyer to make a motion. - D.A. John Flynn

For previous convictions, ABC News reports, now that marijuana is legal for adults in New York, the state will completely remove the criminal records of people previously convicted of crimes that would be legal under the new law.

That brings us to weed in the workplace. According to, your boss cannot discipline or discriminate against you for your legal use of cannabis. For example, your employer cannot reprimand you for smoking weed before or after work. Just don't do it at work or in a company vehicle.

Be smart about your weed use if you choose to smoke weed. You can't report for work high and expect to keep your job. The place you work can definitely reprimand, enforce penalties or even terminate employment if your performance suffers and if you can't maintain a safe and healthy workplace.

In New York state, employers can still drug test but they cannot refuse to hire, discharge, or otherwise discriminate against an individual if they test positive. So, what's the point? It appears that there will be some 'trial & error' as the state and employers sort through the changes.


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