N.Y. Public Health Law § 3369: Protections for the medical use of marihuana

* § 3369. Protections for the medical use of marihuana. 1. Certified

patients, designated caregivers, practitioners, registered organizations

and the employees of registered organizations 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

marihuana, or for any other action or conduct in accordance with this

title.

2. Non-discrimination. Being a certified patient shall be deemed to be

having a "disability" under article fifteen of the executive law (human

rights 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 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 title, 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) Certification applications, certification forms, any certified

patient information contained within a database, and copies of registry

identification cards shall be deemed exempt from public disclosure under

sections eighty-seven and eighty-nine of the public officers law.

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

practitioners registered with the department under this title shall be

public information and shall be maintained by the commissioner on the

department's website accessible to the public in searchable form.

However, if a practitioner notifies the department in writing that he or

she does not want his or her name and other information disclosed, that

practitioner's name and other information shall thereafter not be public

information or maintained on the department's website, unless the

practitioner cancels the request.

* NB Repealed July 5, 2028 and Repealed 6 months after the full

cannabis control board created by Article 2 of the cannabis law has been

appointed