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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2865
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 SPECIFIC 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.
LEGISLATIVE HISTORY:
2017-18: A4560 referred to health;
2015/16: A8381 referred to health
FISCAL IMPLICATIONS:
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.
STATE OF NEW YORK
________________________________________________________________________
2865
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
___________
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.
LBD05096-01-9
