N.Y. CAN Law § 42 — New York Code / Act CAN / Article 3 / Section 42
Protections for the medical use of cannabis
Status: in_force

§ 42. Protections for the medical use of cannabis. 1. Certified\npatients, designated caregivers, designated caregiver facilities and\nemployees of designated caregiver facilities, practitioners, registered\norganizations and the employees of registered organizations, and\ncannabis researchers shall not be subject to arrest, prosecution, or\npenalty in any manner, or denied any right or privilege, including but\nnot limited to civil penalty or disciplinary action by a business or\noccupational or professional licensing board or bureau, solely for the\ncertified medical use or manufacture of cannabis, or for any other\naction or conduct in accordance with this article.\n  2. Being a certified patient shall be deemed to be having a\n"disability" under article fifteen of the executive law, section forty-c\nof the civil rights law, sections 240.00, 485.00, and 485.05 of the\npenal law, and section 200.50 of the criminal procedure law. This\nsubdivision shall not bar the enforcement of a policy prohibiting an\nemployee from performing his or her employment duties while impaired by\na controlled substance.  This subdivision shall not require any person\nor entity to do any act that would put the person or entity in direct\nviolation of federal law or cause it to lose a federal contract or\nfunding.\n  3. The fact that a person is a certified patient and/or acting in\naccordance with this article, shall not be a consideration in a\nproceeding pursuant to applicable sections of the domestic relations\nlaw, the social services law and the family court act.\n  4. (a) Certifications, certification forms and any certified patient\nor designated caregiver information contained within a database shall be\ndeemed exempt from public disclosure under sections eighty-seven and\neighty-nine of the public officers law. Upon specific request by a\ncertified patient to the office, the office shall verify the requesting\npatient's status as a valid certified patient to the patient's school or\nemployer or other designated party, to ensure compliance with the\nprotections afforded by this section.\n  (b) The name, contact information, and other information relating to\npractitioners certifying patients under this article shall be public\ninformation and shall be maintained on the board's website accessible to\nthe public in searchable form. However, if a practitioner notifies the\nboard in writing that they do not want their name and other information\ndisclosed, that practitioner's name and other information shall\nthereafter not be public information or maintained on the board's\nwebsite, unless the practitioner cancels the request.\n  5. A person currently under parole, probation or other state or local\nsupervision, or released on bail awaiting trial may not be punished or\notherwise penalized for conduct allowed under this article.\n  6. Employees who use medical cannabis shall be afforded the same\nrights, procedures and protections that are available and applicable to\ninjured workers under the workers' compensation law, or any rules or\nregulations promulgated thereunder, when such injured workers are\nprescribed medications that may prohibit, restrict, or require the\nmodification of the performance of their duties.\n