What's happening
This bill prohibits employment discrimination against certified medical marijuana patients based solely on a positive marijuana drug test.
Why it matters
Strengthens job protections for medical marijuana patients. By explicitly stating that a positive marijuana drug test cannot be used as evidence of impairment or as grounds for employment decisions, the bill helps ensure that certified patients are not unfairly penalized at work for legally using medical marijuana.
Aligns medical marijuana use with disability rights. The bill reinforces that certified medical marijuana patients are protected under disability discrimination laws, further embedding these protections in New York's legal framework and potentially expanding their recourse if discriminated against.
Clarifies employer responsibilities and limits. Employers can still enforce rules against working while impaired by controlled substances, but they cannot use drug test results alone to prove impairment or justify discipline, shifting the burden to actual job performance rather than off-duty medical use.
Protects federal interests. The bill maintains a carve-out for employers who must comply with federal law or avoid jeopardizing federal contracts or funding, balancing patient protections with existing federal legal constraints.
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Who cares
Headline styles
Protect Medical Marijuana Patients' Jobs
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Advanced to third reading cal.390
- Reported
- Referred to health
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2865
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
Introduced by M. of A. ABINANTI -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to protections for the medical use of marihuana
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 3369 of the public health law, as added by chapter 90 of the laws of 2014, is amended to read as follows:
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. The fact that a certified patient tests positive for marihuana in a drug test shall not be determinative of whether such certified patient is performing his or her employment duties while impaired by a controlled substance and shall not be the basis for a hiring decision or disciplinary action against a certified patient. 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.
§ 2. This act shall take effect immediately; provided, however, the amendments to section 3369 of the public health law, made by section one of this act, shall not affect the repeal of such section and shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05096-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.