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This entry was published on 2021-04-02
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Protections for the medical use of marihuana
Public Health (PBH) CHAPTER 45, ARTICLE 33, TITLE 5-A
* § 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

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