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The Compassionate Care Act (Act), signed into law in July 2014 and implemented in January 2016, allows New York residents to legally purchase and use (but not smoke) medical marijuana. New York State was the twenty-third state to allow legal access to medical marijuana. According to the New York State government official website, as of July 26, 2016, 639 physicians have registered for the New York State Medical Marijuana Program, and 5,966 patients have been certified by their doctors. Based on these numbers, the time has come for employers in New York to understand their obligations and insure that their policies are in compliance.
Pursuant to the Act, “Certified Patients” prescribed medical marijuana are deemed to have a disability under the New York State Human Rights Law (NYSHRL).
The Act specifically provides that Certified Patients shall not be subject to “disciplinary action by a business . . . solely for the certified medical use or manufacture of” marijuana. Accordingly, an employer may be subject to a discrimination claim if it fires or disciplines an employee for lawfully consuming or manufacturing marijuana under the Act.
Edible products offer medical marijuana patients an alternative form of care, one that doesn’t involve smoking or vaping. … The legal sale of products like cannabis gummies was pass