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A2865Assembly2019-2020 Session

Protect Medical Marijuana Patients' Jobs

Official title

“Provides that testing positive for marihuana on a drug test shall not be determinative of whether a certified patient is performing his or her employment duties while impaired”

Sponsor Thomas AbinantiAD-92Affects Health
Status
Assembly Floor Calendar
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 3 of 7

Floor calendar · Feb 6

What's happening

This bill prohibits employment discrimination against certified medical marijuana patients based solely on a positive marijuana drug test.

Why it matters

  1. 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.

  2. 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.

  3. 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.

  4. 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

Primary sponsor
Thomas Abinanti

Assembly Member · Assembly District 92

No co-sponsors yet.

History

  1. Advanced to third reading cal.390
  2. Reported
  3. Referred to health
  4. 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.