§ 127 — Protections for the use of cannabis; unlawful discriminations prohibited

§ 127. Protections for the use of cannabis; unlawful discriminations\nprohibited. 1. No person, registered organization, licensee or\npermittee, employees, or their agents shall be subject to arrest,\nprosecution, or penalty in any manner, or denied any right or privilege,\nincluding but not limited to civil liability or disciplinary action by a\nbusiness or occupational or professional licensing board or office,\nsolely for conduct permitted under this chapter. For the avoidance of\ndoubt, the appellate division of the supreme court of the state of New\nYork, and any disciplinary or character and fitness committees\nestablished by law are occupational and professional licensing boards\nwithin the meaning of this section. State or local law enforcement\nagencies shall not cooperate with or provide assistance to the\ngovernment of the United States or any agency thereof in enforcing the\nfederal controlled substances act solely for actions consistent with\nthis chapter, except as pursuant to a valid court order.\n 2. No landlord may refuse to lease to and may not otherwise penalize\nan individual solely for conduct authorized under this chapter, except:\n (a) if failing to do so would cause the landlord to lose a monetary or\nlicensing related benefit under federal law or regulations; or\n (b) if a property has in place a smoke-free policy, it is not required\nto permit the smoking of cannabis products on its premises, provided no\nsuch restriction may be construed to limit the certified medical use of\ncannabis.\n 2-a. No school, college or university may refuse to enroll and may not\notherwise penalize a person solely for conduct allowed under this\nchapter, except:\n (a) if failing to do so would cause the school, college or university\nto lose a monetary or licensing related benefit under federal law or\nregulations; or\n (b) if the school, college or university has adopted a code of conduct\nprohibiting cannabis use on the basis of a sincere religious belief of\nthe school, college or university.\n 3. For the purposes of medical care, including organ transplants, a\ncertified patient's authorized use of medical cannabis must be\nconsidered the equivalent of the use of any other medication under the\ndirection of a practitioner and does not constitute the use of an\nillicit substance or otherwise disqualify a registered qualifying\npatient from medical care.\n 4. An employer shall adhere to policies regarding cannabis use in\naccordance with section two hundred one-d of the labor law.\n 5. No person may be denied custody of or visitation or parenting time\nwith a minor under the family court act, domestic relations law or\nsocial services law, solely for conduct permitted under this chapter\nincluding, but not limited to, section 222.05 or 222.15 of the penal\nlaw, unless it is in the best interest of the child and the child's\nphysical, mental or emotional condition has been impaired, or is in\nimminent danger of becoming impaired as a result of the person's\nbehavior as established by a fair preponderance of the evidence. For the\npurposes of this section, this determination cannot be based solely on\nwhether, when, and how often a person uses cannabis without separate\nevidence of harm.\n 6. A person currently under parole, probation or other state\nsupervision, or released on recognizance, non-monetary conditions, or\nbail prior to being convicted, shall not be punished or otherwise\npenalized for conduct allowed under this chapter unless the terms and\nconditions of said parole, probation, or state supervision explicitly\nprohibit a person's cannabis use or any other conduct otherwise allowed\nunder this chapter. A person's use of cannabis or conduct under this\nchapter shall not be prohibited unless it has been shown by clear and\nconvincing evidence that the prohibition is reasonably related to the\nunderlying crime. Nothing in this provision shall restrict the rights of\na certified medical patient.\n