A02865 Summary:
BILL NO | A02865 |
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SAME AS | No Same As |
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SPONSOR | Abinanti |
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COSPNSR | |
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MLTSPNSR | |
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Amd §3369, Pub Health L | |
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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. |
A02865 Actions:
BILL NO | A02865 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/28/2019 | referred to health | |||||||||||||||||||||||||||||||||||||||||||||||||
01/08/2020 | referred to health | |||||||||||||||||||||||||||||||||||||||||||||||||
02/04/2020 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
02/06/2020 | advanced to third reading cal.390 |
A02865 Memo:
Go to topNEW 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.
A02865 Text:
Go to top 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