2023 New York Laws › CAN - Cannabis › Article 3 - Medical Cannabis › 42 - Protections for the Medical Use of Cannabis.

§  42.  Protections  for  the  medical  use  of cannabis. 1. Certified
patients, designated caregivers,  designated  caregiver  facilities  and
employees  of designated caregiver facilities, practitioners, registered
organizations  and  the  employees  of  registered  organizations,   and
cannabis  researchers  shall  not  be subject to arrest, prosecution, or
penalty in any manner, or denied any right or privilege,  including  but
not  limited  to  civil  penalty or disciplinary action by a business or
occupational or professional licensing board or bureau, solely  for  the
certified  medical  use  or  manufacture  of  cannabis, or for any other
action or conduct in accordance with this article.
2.  Being  a  certified  patient  shall  be  deemed  to  be  having  a
"disability" under article fifteen of the executive law, section forty-c
of  the  civil  rights  law,  sections 240.00, 485.00, and 485.05 of the
penal law, and section  200.50  of  the  criminal  procedure  law.  This
subdivision  shall  not  bar  the enforcement of a policy prohibiting an
employee from performing his or her employment duties while impaired  by
a  controlled substance.   This subdivision shall not require any person
or entity to do any act that would put the person or  entity  in  direct
violation  of  federal  law  or  cause  it to lose a federal contract or
funding.
3. The fact that a person is a  certified  patient  and/or  acting  in
accordance  with  this  article,  shall  not  be  a  consideration  in a
proceeding pursuant to applicable sections  of  the  domestic  relations
law, the social services law and the family court act.
4.  (a) Certification applications, certification forms, any certified
patient information contained within a database, and copies of  registry
identification cards shall be deemed exempt from public disclosure under
sections  eighty-seven  and eighty-nine of the public officers law. Upon
specific request by a certified patient to the office, the office  shall
verify  the  requesting patient's status as a valid certified patient to
the patient's school or employer or other designated  party,  to  ensure
compliance with the protections afforded by this section.
(b)  The  name, contact information, and other information relating to
practitioners registered with the board  under  this  article  shall  be
public  information  and  shall  be  maintained  on  the board's website
accessible to the public in searchable form. However, if a  practitioner
notifies  the  board  in writing that he or she does not want his or her
name and other information disclosed, that practitioner's name and other
information shall thereafter not be public information or maintained  on
the board's website, unless the practitioner cancels the request.
5.  A person currently under parole, probation or other state or local
supervision, or released on bail awaiting trial may not be  punished  or
otherwise penalized for conduct allowed under this article.
6.  Employees  who  use  medical  cannabis  shall be afforded the same
rights, procedures and protections that are available and applicable  to
injured  workers  under  the  workers' compensation law, or any rules or
regulations  promulgated  thereunder,  when  such  injured  workers  are
prescribed  medications  that  may  prohibit,  restrict,  or require the
modification of the performance of their duties.