§ 3369 — Protections for the medical use of marihuana

New York § 3369

• Jurisdiction: New York
• Law PBH: Public Health
• Title 5-A: Medical Use of Marihuana
• Art. 33: Controlled Substances

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* § 3369. Protections for the medical use of marihuana. 1. Certified\npatients, designated caregivers, practitioners, registered organizations\nand the employees of registered organizations shall not be subject to\narrest, prosecution, or penalty in any manner, or denied any right or\nprivilege, including but not limited to civil penalty or disciplinary\naction by a business or occupational or professional licensing board or\nbureau, solely for the certified medical use or manufacture of\nmarihuana, or for any other action or conduct in accordance with this\ntitle.\n 2. Non-discrimination. Being a certified patient shall be deemed to be\nhaving a "disability" under article fifteen of the executive law (human\nrights law), section forty-c of the civil rights law, sections 240.00,\n485.00, and 485.05 of the penal law, and section 200.50 of the criminal\nprocedure law. This subdivision shall not bar the enforcement of a\npolicy prohibiting an employee from performing his or her employment\nduties while impaired by a controlled substance. This subdivision shall\nnot require any person or entity to do any act that would put the person\nor entity in violation of federal law or cause it to lose a federal\ncontract or funding.\n 3. The fact that a person is a certified patient and/or acting in\naccordance with this title, shall not be a consideration in a proceeding\npursuant to applicable sections of the domestic relations law, the\nsocial services law and the family court act.\n 4. (a) Certification applications, certification forms, any certified\npatient information contained within a database, and copies of registry\nidentification cards shall be deemed exempt from public disclosure under\nsections eighty-seven and eighty-nine of the public officers law.\n (b) The name, contact information, and other information relating to\npractitioners registered with the department under this title shall be\npublic information and shall be maintained by the commissioner on the\ndepartment's website accessible to the public in searchable form.\nHowever, if a practitioner notifies the department in writing that he or\nshe does not want his or her name and other information disclosed, that\npractitioner's name and other information shall thereafter not be public\ninformation or maintained on the department's website, unless the\npractitioner cancels the request.\n * NB Repealed July 5, 2028 and Repealed 6 months after the full\ncannabis control board created by Article 2 of the cannabis law has been\nappointed\n