STATE OF NEW YORK
________________________________________________________________________
3487--A
2023-2024 Regular Sessions
IN ASSEMBLY
February 3, 2023
___________
Introduced by M. of A. DeSTEFANO, J. A. GIGLIO, BYRNES, LEMONDES, SMITH,
MIKULIN, MANKTELOW, ANGELINO, J. M. GIGLIO -- read once and referred
to the Committee on Labor -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the cannabis law, in relation to excluding volunteer
firefighters and emergency medical services employees from the permis-
sive use of marijuana
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3 of the cannabis law is amended by adding two new
2 subdivisions 25-a and 25-b to read as follows:
3 25-a. "Exempt fire agency" means a fire department of a city, munici-
4 pality, village, town or other governmental subdivision that provides
5 fire and emergency services or other safety sensitive tasks to provide
6 public safety to a community.
7 25-b. "Exempt employee" means a volunteer firefighter or an emergency
8 medical services employee of an exempt fire agency whose work responsi-
9 bilities are tasks that impact the safety of a mitigation effort or the
10 safety of other employees. Activities may include, but shall not be
11 limited to, driving and operating fire apparatus, operating in imme-
12 diately dangerous to life atmospheres, establishing and operating hose
13 lines, performing all manner of rescue activities, and delivering emer-
14 gency medical care to the sick or injured.
15 § 2. Section 127 of the cannabis law is amended by adding a new subdi-
16 vision 7 to read as follows:
17 7. (a) For the purpose of assuring the safety of other volunteer fire-
18 fighters and emergency medical services employees, the public and the
19 protection of their greater community, this section shall not apply to
20 an exempt employee of an exempted fire agency. Additionally, an exempt
21 fire agency shall be entitled to take all reasonable measures to be
22 assured there is no risk of cannabis impairment of its exempt employees,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08003-02-3
A. 3487--A 2
1 including but not limited to, preemployment testing, random drug tests
2 and testing for cause for the presence of evidence of cannabis use by
3 the member in accordance with current federal standards.
4 (b) Any exempt employee of an exempt fire agency that is prescribed
5 cannabis for medical purposes shall be required to immediately report
6 their prescription to the exempt fire agency who shall consult with the
7 exempt fire agency's medical director to make a determination of the
8 exempt employee's fitness for duty and a need to be placed on
9 restriction.
10 § 3. This act shall take effect immediately.
