N.Y. Cannabis Law § 42: Protections for the medical use of cannabis

§ 42. Protections for the medical use of cannabis. 1. Certified

patients, designated caregivers, designated caregiver facilities and

employees of designated caregiver facilities, practitioners, registered

organizations and the employees of registered organizations, and

cannabis researchers shall not be subject to arrest, prosecution, or

penalty in any manner, or denied any right or privilege, including but

not limited to civil penalty or disciplinary action by a business or

occupational or professional licensing board or bureau, solely for the

certified medical use or manufacture of cannabis, or for any other

action or conduct in accordance with this article.

2. Being a certified patient shall be deemed to be having a

"disability" under article fifteen of the executive law, section forty-c

of the civil rights law, sections 240.00, 485.00, and 485.05 of the

penal law, and section 200.50 of the criminal procedure law. This

subdivision shall not bar the enforcement of a policy prohibiting an

employee from performing his or her employment duties while impaired by

a controlled substance. This subdivision shall not require any person

or entity to do any act that would put the person or entity in direct

violation of federal law or cause it to lose a federal contract or

funding.

3. The fact that a person is a certified patient and/or acting in

accordance with this article, shall not be a consideration in a

proceeding pursuant to applicable sections of the domestic relations

law, the social services law and the family court act.

4. (a) Certifications, certification forms and any certified patient

or designated caregiver information contained within a database shall be

deemed exempt from public disclosure under sections eighty-seven and

eighty-nine of the public officers law. Upon specific request by a

certified patient to the office, the office shall verify the requesting

patient's status as a valid certified patient to the patient's school or

employer or other designated party, to ensure compliance with the

protections afforded by this section.

(b) The name, contact information, and other information relating to

practitioners certifying patients under this article shall be public

information and shall be maintained on the board's website accessible to

the public in searchable form. However, if a practitioner notifies the

board in writing that they do not want their name and other information

disclosed, that practitioner's name and other information shall

thereafter not be public information or maintained on the board's

website, unless the practitioner cancels the request.

5. A person currently under parole, probation or other state or local

supervision, or released on bail awaiting trial may not be punished or

otherwise penalized for conduct allowed under this article.

6. Employees who use medical cannabis shall be afforded the same

rights, procedures and protections that are available and applicable to

injured workers under the workers' compensation law, or any rules or

regulations promulgated thereunder, when such injured workers are

prescribed medications that may prohibit, restrict, or require the

modification of the performance of their duties.