The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9292
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced  by  M.  of  A.  DeSTEFANO  --  read once and referred to the
   Committee on Labor
 
 AN ACT to amend the cannabis law, in relation to excluding  firefighters
   and their operational members from the permissive use of marijuana
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 3 of the cannabis law is amended by adding two  new
 subdivisions 25-a and 25-b to read as follows:
   25-A.  "EXEMPT FIRE AGENCY" MEANS A FIRE DEPARTMENT OF A CITY, MUNICI-
 PALITY, VILLAGE, TOWN OR OTHER GOVERNMENTAL  SUBDIVISION  THAT  PROVIDES
 FIRE  AND  EMERGENCY SERVICES OR OTHER SAFETY SENSITIVE TASKS TO PROVIDE
 PUBLIC SAFETY TO A COMMUNITY.
   25-B. "EXEMPT EMPLOYEE" MEANS AN  EMPLOYEE,  PAID  OR  UNPAID,  OF  AN
 EXEMPT FIRE AGENCY WHOSE WORK RESPONSIBILITIES ARE TASKS THAT IMPACT THE
 SAFETY  OF  A MITIGATION EFFORT OR THE SAFETY OF OTHER EMPLOYEES. ACTIV-
 ITIES MAY INCLUDE, BUT SHALL NOT BE LIMITED TO,  DRIVING  AND  OPERATING
 FIRE  APPARATUS, OPERATING IN IMMEDIATELY DANGEROUS TO LIFE ATMOSPHERES,
 ESTABLISHING AND OPERATING HOSE LINES, PERFORMING ALL MANNER  OF  RESCUE
 ACTIVITIES,  AND  DELIVERING  EMERGENCY  MEDICAL  CARE  TO  THE  SICK OR
 INJURED.
   § 2. Section 127 of the cannabis law is amended by adding a new subdi-
 vision 7 to read as follows:
   7. (A) FOR THE PURPOSE OF ASSURING THE SAFETY OF  OTHER  FIREFIGHTERS,
 THE  PUBLIC  AND THE PROTECTION OF THEIR GREATER COMMUNITY, THIS SECTION
 SHALL NOT APPLY TO AN EXEMPT EMPLOYEE OF AN EXEMPTED FIRE AGENCY.  ADDI-
 TIONALLY, AN EXEMPT FIRE AGENCY SHALL BE ENTITLED TO TAKE ALL REASONABLE
 MEASURES TO BE ASSURED THERE IS NO RISK OF CANNABIS  IMPAIRMENT  OF  ITS
 EXEMPT  EMPLOYEES,  INCLUDING BUT NOT LIMITED TO, PREEMPLOYMENT TESTING,
 RANDOM DRUG TESTS AND TESTING FOR CAUSE FOR THE PRESENCE OF EVIDENCE  OF
 CANNABIS USE BY THE MEMBER IN ACCORDANCE WITH CURRENT FEDERAL STANDARDS.
   (B)  ANY  EXEMPT  EMPLOYEE OF AN EXEMPT FIRE AGENCY THAT IS PRESCRIBED
 CANNABIS FOR MEDICAL PURPOSES SHALL BE REQUIRED  TO  IMMEDIATELY  REPORT
 THEIR  PRESCRIPTION TO THE EXEMPT FIRE AGENCY WHO SHALL CONSULT WITH THE
 EXEMPT FIRE AGENCY'S MEDICAL DIRECTOR TO MAKE  A  DETERMINATION  OF  THE
 EXEMPT  EMPLOYEE'S  FITNESS  FOR  DUTY  AND  A  NEED  TO  BE  PLACED  ON
 RESTRICTION.
   § 3. This act shall take effect immediately.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14553-01-2