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This entry was published on 2021-04-09
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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

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) 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. 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 registered with the board 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 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 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.