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A05171 Summary:

BILL NOA05171
 
SAME ASNo Same As
 
SPONSORAbinanti
 
COSPNSRSimon
 
MLTSPNSR
 
Amd §3369, Pub Health L
 
Provides that testing positive for marihuana on a drug test shall not be determinative of whether a certified patient is performing his or her employment duties while impaired by a controlled substance or be the basis for a hiring decision or disciplinary action against such patient.
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A05171 Actions:

BILL NOA05171
 
02/11/2021referred to health
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A05171 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5171
 
SPONSOR: Abinanti
  TITLE OF BILL: An act to amend the public health law, in relation to protections for the medical use of marihuana   PURPOSE OR GENERAL IDEA OF BILL: This bill would protect individuals who are prescribed medical marihuana from being discriminated against in the workplace based on testing posi- tive for the substance in a drug test.   SUMMARY OF PROVISIONS: Section 1 of the bill amends public health law section 3369 (2), as added by chapter 90 of the laws of 2014 to provide that the fact that a certified patient tests positive for marihuana in a drug test shall not be determinative of whether such certified patient is performing his or her employment duties while impaired by a controlled substance and shall not be the basis for a hiring decision or disciplinary action against a certified patient. Section 2 is the effective date.   JUSTIFICATION: In July 2014 New York State enacted the Medical Use of Marihuana law to help alleviate the pain and suffering of New Yorkers afflicted with serious illnesses. Patients that meet the requirements of this law are certified and may use medical marihuana as provided therein. The Medical Use of Marihuana law deems "certified patients" as having a "disability" under the New York State Human Rights Law, and specified sections of the New York State Civil Rights Law, Penal Law and Criminal Procedure Law. While protecting certified patients from discrimination in the workplace, the Medical Use of Marihuana law makes clear that it does not bar the enforcement of a policy prohibiting an employee from performing his or her employment duties while impaired by a controlled substance. The Medical Marihuana Use law does not clearly address wheth- er failing a drug test due to the lawful use of medical marihuana is sufficient cause for the firing of a certified patient or for denying employment of a certified patient. Individuals using medical marihuana in accordance with the law should not automatically be subject to firing or other disciplinary proceedings or not being hired solely because they test positive for medical mari- huana. This law will protect individuals from such actions while still allowing employers to prohibit an employee from performing duties while impaired by a controlled substance and ensuring a safe and productive workplace.   PRIOR LEGISLATIVE HISTORY: 2019-20: A2865 advanced to third reading; 2017-18: A4560 referred to health; 2015/16: A8381 referred to health   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect immediately; provided, however, the amend- ments to section 3369 of the public health law, made by section one of this act, shall not affect the repeal of such section and shall be deemed repealed therewith.
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A05171 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5171
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 11, 2021
                                       ___________
 
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Health
 
        AN  ACT  to  amend the public health law, in relation to protections for
          the medical use of marihuana
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivision 2 of section 3369 of the public health law, as
     2  added by chapter 90 of the laws of 2014, is amended to read as follows:
     3    2. Non-discrimination. Being a certified patient shall be deemed to be
     4  having a "disability" under article fifteen of the executive law  (human
     5  rights  law),  section forty-c of the civil rights law, sections 240.00,
     6  485.00, and 485.05 of the penal law, and section 200.50 of the  criminal
     7  procedure law. This subdivision shall not bar the enforcement of a poli-
     8  cy  prohibiting an employee from performing his or her employment duties
     9  while impaired by a controlled substance.   The fact  that  a  certified
    10  patient  tests positive for marihuana in a drug test shall not be deter-
    11  minative of whether such certified patient  is  performing  his  or  her
    12  employment duties while impaired by a controlled substance and shall not
    13  be  the  basis  for  a  hiring decision or disciplinary action against a
    14  certified patient. This subdivision shall  not  require  any  person  or
    15  entity to do any act that would put the person or entity in violation of
    16  federal law or cause it to lose a federal contract or funding.
    17    §  2.  This  act shall take effect immediately; provided, however, the
    18  amendments to section 3369 of the public health law, made by section one
    19  of this act, shall not affect the repeal of such section  and  shall  be
    20  deemed repealed therewith.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01450-01-1
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