NY Cannabis § 127 (2021)
2021 New York Laws CAN - Cannabis Article 6 - General Provisions 127 - Protections for the Use of Cannabis; Unlawful Discriminations Prohibited.

§  127.  Protections for the use of cannabis; unlawful discriminations prohibited.  1.  No  person,  registered   organization,   licensee   or permittee,  employees,  or  their  agents  shall  be  subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil liability or disciplinary action by a business or occupational or  professional  licensing  board  or  office, solely  for  conduct  permitted under this chapter. For the avoidance of doubt, the appellate division of the supreme court of the state  of  New York,   and   any  disciplinary  or  character  and  fitness  committees established by law are occupational and  professional  licensing  boards within  the  meaning  of  this  section.  State or local law enforcement agencies  shall  not  cooperate  with  or  provide  assistance  to   the government  of  the United States or any agency thereof in enforcing the federal controlled substances act solely  for  actions  consistent  with this chapter, except as pursuant to a valid court order.   2.  No  landlord may refuse to lease to and may not otherwise penalize an individual solely for conduct authorized under this chapter, except:  (a) if failing to do so would cause the landlord to lose a monetary or licensing related benefit under federal law or regulations; or  (b) if a property has in place a smoke-free policy, it is not required to permit the smoking of cannabis products on its premises, provided  no such  restriction may be construed to limit the certified medical use of cannabis.   2-a. No school, college or university may refuse to enroll and may not otherwise penalize a  person  solely  for  conduct  allowed  under  this chapter, except:  (a)  if failing to do so would cause the school, college or university to lose a monetary or licensing related benefit  under  federal  law  or regulations; or  (b) if the school, college or university has adopted a code of conduct prohibiting  cannabis  use on the basis of a sincere religious belief of the school, college or university.   3. For the purposes of medical care, including  organ  transplants,  a certified   patient's   authorized  use  of  medical  cannabis  must  be considered the equivalent of the use of any other medication  under  the direction  of  a  practitioner  and  does  not  constitute the use of an illicit  substance  or  otherwise  disqualify  a  registered  qualifying patient from medical care.   4.  An  employer  shall  adhere  to policies regarding cannabis use in accordance with section two hundred one-d of the labor law.   5. No person may be denied custody of or visitation or parenting  time with  a  minor  under  the  family  court act, domestic relations law or social services law, solely for conduct  permitted  under  this  chapter including,  but  not  limited  to, section 222.05 or 222.15 of the penal law, unless it is in the best interest of  the  child  and  the  child's physical,  mental  or  emotional  condition  has been impaired, or is in imminent danger of  becoming  impaired  as  a  result  of  the  person's behavior as established by a fair preponderance of the evidence. For the purposes  of  this section, this determination cannot be based solely on whether, when, and how often a person  uses  cannabis  without  separate evidence of harm.   6.   A  person  currently  under  parole,  probation  or  other  state supervision, or released on recognizance,  non-monetary  conditions,  or bail  prior  to  being  convicted,  shall  not  be punished or otherwise penalized for conduct allowed under this chapter unless  the  terms  and conditions  of  said  parole, probation, or state supervision explicitly prohibit a person's cannabis use or any other conduct otherwise  allowed under  this  chapter.  A  person's use of cannabis or conduct under this  chapter shall not be prohibited unless it has been shown  by  clear  and convincing  evidence  that  the prohibition is reasonably related to the underlying crime. Nothing in this provision shall restrict the rights of a certified medical patient.