2023 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.