N.Y. Cannabis Law § 127: Protections for the use of cannabis; unlawful discriminations prohibited

§ 127. Protections for the use of cannabis; unlawful discriminations

prohibited. 1. No person, registered organization, licensee or

permittee, employees, or their agents shall be subject to arrest,

prosecution, or penalty in any manner, or denied any right or privilege,

including but not limited to civil liability or disciplinary action by a

business or occupational or professional licensing board or office,

solely for conduct permitted under this chapter. For the avoidance of

doubt, the appellate division of the supreme court of the state of New

York, and any disciplinary or character and fitness committees

established by law are occupational and professional licensing boards

within the meaning of this section. State or local law enforcement

agencies shall not cooperate with or provide assistance to the

government of the United States or any agency thereof in enforcing the

federal controlled substances act solely for actions consistent with

this chapter, except as pursuant to a valid court order.

2. No landlord may refuse to lease to and may not otherwise penalize

an individual solely for conduct authorized under this chapter, except:

(a) if failing to do so would cause the landlord to lose a monetary or

licensing related benefit under federal law or regulations; or

(b) if a property has in place a smoke-free policy, it is not required

to permit the smoking of cannabis products on its premises, provided no

such restriction may be construed to limit the certified medical use of

cannabis.

2-a. No school, college or university may refuse to enroll and may not

otherwise penalize a person solely for conduct allowed under this

chapter, except:

(a) if failing to do so would cause the school, college or university

to lose a monetary or licensing related benefit under federal law or

regulations; or

(b) if the school, college or university has adopted a code of conduct

prohibiting cannabis use on the basis of a sincere religious belief of

the school, college or university.

3. For the purposes of medical care, including organ transplants, a

certified patient's authorized use of medical cannabis must be

considered the equivalent of the use of any other medication under the

direction of a practitioner and does not constitute the use of an

illicit substance or otherwise disqualify a registered qualifying

patient from medical care.

4. An employer shall adhere to policies regarding cannabis use in

accordance with section two hundred one-d of the labor law.

5. No person may be denied custody of or visitation or parenting time

with a minor under the family court act, domestic relations law or

social services law, solely for conduct permitted under this chapter

including, but not limited to, section 222.05 or 222.15 of the penal

law, unless it is in the best interest of the child and the child's

physical, mental or emotional condition has been impaired, or is in

imminent danger of becoming impaired as a result of the person's

behavior as established by a fair preponderance of the evidence. For the

purposes of this section, this determination cannot be based solely on

whether, when, and how often a person uses cannabis without separate

evidence of harm.

6. A person currently under parole, probation or other state

supervision, or released on recognizance, non-monetary conditions, or

bail prior to being convicted, shall not be punished or otherwise

penalized for conduct allowed under this chapter unless the terms and

conditions of said parole, probation, or state supervision explicitly

prohibit a person's cannabis use or any other conduct otherwise allowed

under this chapter. A person's use of cannabis or conduct under this

chapter shall not be prohibited unless it has been shown by clear and

convincing evidence that the prohibition is reasonably related to the

underlying crime. Nothing in this provision shall restrict the rights of

a certified medical patient.