Legislation Details

File #: Int 1751-2019    Version: * Name: Prohibiting discrimination based on one’s status as a certified patient authorized by state law to use medical marijuana.
Type: Introduction Status: Filed (End of Session)
Committee: Committee on Civil and Human Rights
On agenda: 10/17/2019
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to prohibiting discrimination based on one's status as a certified patient authorized by state law to use medical marijuana
Sponsors: Mathieu Eugene, (by request of the Mayor)
Council Member Sponsors: 1
Summary: This bill would amend sections 8-102 and 8-107 of the Administrative Code of the City of New York to deem patients who have serious health conditions and are using medical marijuana for therapeutic or palliative benefit as having a disability under the NYC Human Rights Law. The bill would ensure that certified users of medical marijuana qualify as people with disabilities under the NYC Human Rights Law and that, absent an undue hardship or other exemption, employers may not take adverse action based solely on a person’s certified medical use of marijuana. The bill would not permit consumption of marijuana on the job or prohibit an employer from taking action when an employee’s use of marijuana causes impairment on the job.
Attachments: 1. Summary of Int. No. 1751, 2. Int. No. 1751, 3. October 17, 2019 - Stated Meeting Agenda with Links to Files, 4. Hearing Transcript - Stated Meeting 10-17-19, 5. Minutes of the Stated Meeting - October 17, 2019

Int. No. 1751

 

By Council Member Eugene (by request of the Mayor)

 

A Local Law to amend the administrative code of the city of New York, in relation to prohibiting discrimination based on one’s status as a certified patient authorized by state law to use medical marijuana

 

Be it enacted by the Council as follows:

 

Section 1.  Section 8-102 of title 8 of the administrative code of the city of New York is amended by adding new definitions of “certified medical use,” “certified patient,” “controlled substance,” and “medical marijuana” in alphabetical order, and by amending the definition of “disability, ” as amended by local law number 63 for the year 2018, to read as follows:

Certified medical use. The term “certified medical use” has the same meaning as set forth in section 3360 of the public health law.

Certified patient. The term “certified patient” has the same meaning as set forth in section 3360 of the public health law.

Controlled substance. The term “controlled substance” has the same meaning as set forth in section 3302 of the public health law.

Disability. The term "disability" means any physical, medical, mental or psychological impairment, or a history or record of such impairment. As used in this definition:

      1.   Physical, medical, mental, or psychological impairment. The term "physical, medical, mental, or psychological impairment" means:

         (a)   An impairment of any system of the body; including, but not limited to, the neurological system; the musculoskeletal system; the special sense organs and respiratory organs, including, but not limited to, speech organs; the cardiovascular system; the reproductive system; the digestive and genito-urinary systems; the hemic and lymphatic systems; the immunological systems; the skin; and the endocrine system; or

         (b)   A mental or psychological impairment.

2.   In the case of alcoholism,[drug addiction] or other substance abuse or addiction, the term “disability” only applies to a person who (i) is recovering or has recovered and (ii) currently is free of such abuse, and does not include an individual who is currently engaging in the [illegal] use of controlled substances in violation of state law [drugs], when the covered entity acts on the basis of such use.

3. Notwithstanding any provision of this section, being a certified patient shall be deemed to be having a disability.

Medical marijuana. The term “medical marijuana” means “medical marihuana” as that  term is defined in section 3360 of the public health law.

§ 2. Subdivision 15 of section 8-107 of the administrative code of the city of New York, as amended by local law number 63 for the year 2018, is amended as follows:

15. Applicability; persons with disabilities.

(a) Requirement to make reasonable accommodation to the needs of persons with disabilities. Except as provided in paragraph (b), any person prohibited by the provisions of this section from discriminating on the basis of disability shall make reasonable accommodation to enable a person with a disability to satisfy the essential requisites of a job or enjoy the right or rights in question provided that the disability is known or should have been known by the covered entity.

(b) Affirmative defense in disability cases. In any case where the need for reasonable accommodation is placed in issue, it shall be an affirmative defense that the person aggrieved by the alleged discriminatory practice could not, with reasonable accommodation, satisfy the essential requisites of the job or enjoy the right or rights in question.

(c) Use of [drugs] controlled substances  or alcohol. Nothing contained in this chapter shall be construed to prohibit a covered entity from (i) prohibiting the [illegal] use of [drugs] controlled substances in violation of state law, or the use of alcohol at the workplace, in common areas of a housing accommodation or at a place of public accommodation, (ii) prohibiting on duty impairment from the [illegal] use of controlled substances [drugs] or the use of alcohol, or [(ii)] (iii) conducting drug testing which is otherwise lawful.

(d) This subdivision shall not require any covered entity to do any act that would put it in violation of federal law or cause it to lose a federal contract or funding.

(e) Except as provided in paragraphs (c) and (d) of this subdivision, it shall be a discriminatory practice for a covered entity to subject a certified patient to any disciplinary action solely for the certified medical use of medical marijuana.

§ 3. This local law takes effect 120 days after it becomes law, provided, however, that the commissioner shall take any actions necessary prior to such effective date for the implementation of this local law including, but not limited to, the adoption of any necessary rules.