Medical Marijuana in New York

New York became the 23rd US state to legalize medical marijuana.  Importantly, the New York legislation is limited to non-smokable forms of marijuana. Further, the bill if passed is initially limited to persons with the following “severe debilitating or life-threatening conditions”: cancer, HIV or AIDS, ALS, Parkinson’s disease, multiple sclerosis, spinal cord damage, epilepsy, inflammatory bowel disease, neuropathies, and Huntington’s disease. The New York Commissioner of Health is authorized to consider and add additional conditions to this list. The new law, if passed, also may be suspended or terminated by the governor at any time, and it is subject to a seven-year sunset provision.

Items of significance:

1. The legislation specifically states that being a “certified patient” with any covered condition automatically deems an employee to be “disabled” under the New York State Human Rights Law.
2. The bill expressly permits employers to enforce a policy prohibiting employees from performing their job duties while impaired by a controlled substance.
3. The bill does not require that employers violate federal law or do anything to cause the loss of a federal contract or funding.

Effective was immediate on July 5, 2014.