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Assembly Bill A3487A

2023-2024 Legislative Session

Excludes volunteer firefighters and emergency medical services employees from the permissive use of marijuana

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2023-A3487 - Details

See Senate Version of this Bill:
S6073
Current Committee:
Assembly Labor
Law Section:
Cannabis Law
Laws Affected:
Amd §§3 & 127, Cannabis L
Versions Introduced in Other Legislative Sessions:
2021-2022: A9292
2025-2026: A5246, S4618

2023-A3487 - Summary

Excludes volunteer firefighters and emergency medical services employees from the permissive use of marijuana.

2023-A3487 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3487
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by  M.  of  A.  DeSTEFANO,  J. A. GIGLIO,  BRABENEC, BYRNES,
   LEMONDES, SMITH, MIKULIN, MANKTELOW, ANGELINO,  J. M. GIGLIO  --  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08003-01-3

co-Sponsors

multi-Sponsors

2023-A3487A (ACTIVE) - Details

See Senate Version of this Bill:
S6073
Current Committee:
Assembly Labor
Law Section:
Cannabis Law
Laws Affected:
Amd §§3 & 127, Cannabis L
Versions Introduced in Other Legislative Sessions:
2021-2022: A9292
2025-2026: A5246, S4618

2023-A3487A (ACTIVE) - Summary

Excludes volunteer firefighters and emergency medical services employees from the permissive use of marijuana.

2023-A3487A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3487--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced by M. of A. DeSTEFANO, J. A. GIGLIO, BYRNES, LEMONDES, SMITH,
   MIKULIN,  MANKTELOW,  ANGELINO, J. M. GIGLIO -- read once and referred
   to the Committee on  Labor  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the cannabis law, in relation to excluding volunteer
   firefighters and emergency medical services employees from the permis-
   sive 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 A VOLUNTEER FIREFIGHTER OR AN EMERGENCY
 MEDICAL SERVICES EMPLOYEE OF AN EXEMPT FIRE AGENCY WHOSE WORK  RESPONSI-
 BILITIES  ARE TASKS THAT IMPACT THE SAFETY OF A MITIGATION EFFORT OR THE
 SAFETY OF OTHER EMPLOYEES. ACTIVITIES MAY  INCLUDE,  BUT  SHALL  NOT  BE
 LIMITED  TO,  DRIVING  AND  OPERATING FIRE APPARATUS, OPERATING IN IMME-
 DIATELY DANGEROUS TO LIFE ATMOSPHERES, ESTABLISHING AND  OPERATING  HOSE
 LINES,  PERFORMING ALL MANNER OF RESCUE ACTIVITIES, AND DELIVERING EMER-
 GENCY 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 VOLUNTEER FIRE-
 FIGHTERS AND EMERGENCY MEDICAL SERVICES EMPLOYEES, THE  PUBLIC  AND  THE
 PROTECTION  OF  THEIR GREATER COMMUNITY, THIS SECTION SHALL NOT APPLY TO
 AN EXEMPT EMPLOYEE OF AN EXEMPTED FIRE AGENCY.  ADDITIONALLY, 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08003-02-3

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Anonymous
2 years ago

I don’t understand what the difference is between cannabis and alcohol. But yet alcohol is welcomed in every aspect of the volunteer fire service. The argument that volunteers have no set shift would apply just as well to alcohol, but yet apparently that doesn’t matter.

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