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.
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20 deemed repealed therewith.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
