2023 New York Laws
PBH - Public Health
Article 33 - Controlled Substances
Title 5-A - Medical Use of Marihuana
3369 - Protections for the Medical Use of Marihuana.

Universal Citation: NY Pub Health L § 3369 (2023)
* §  3369.  Protections for the medical use of marihuana. 1. Certified
patients, designated caregivers, practitioners, registered organizations
and the employees of registered organizations 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
marihuana,  or  for  any other action or conduct in accordance with this

2. Non-discrimination. Being a certified patient shall be deemed to be having a "disability" under article fifteen of the executive law (human rights 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 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 title, 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.

(b) The name, contact information, and other information relating to practitioners registered with the department under this title shall be public information and shall be maintained by the commissioner on the department's website accessible to the public in searchable form. However, if a practitioner notifies the department 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 department's website, unless the practitioner cancels the request.

* NB Repealed July 5, 2028 and Repealed 6 months after the full cannabis control board created by Article 2 of the cannabis law has been appointed

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