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This entry was published on 2021-04-09
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SECTION 127
Protections for the use of cannabis; unlawful discriminations prohibited
Cannabis (CAN) CHAPTER 7-A, ARTICLE 6
§ 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.