N.Y.
Cannabis Law Section 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 Labor Law § 201-D (Discrimination against the engagement in certain activities)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.
Source:
Section 127 — Protections for the use of cannabis; unlawful discriminations prohibited, https://www.nysenate.gov/legislation/laws/CAN/127 (updated Apr. 9, 2021; accessed Oct. 26, 2024).
