Do I Have any Legal Protection Against Being Fired?

YES, YOU DO!  – Every Certified Medical Marijuana User is automatically deemed to have a “disability” under the NY state discrimination law, and also has automatic rights under the NY state Civil rights Law. This is Huge – Even though most employees are “at will”, and can be fired for any reason or for no reason, we have strong legal protections for this. This means that no Certified Medical Marijuana user can be discriminated against in hiring, firing, or in the terms and conditions of their employment. Obviously, no one is permitted to be under the influence of marijuana on the job or on the employer’s premises, but this means that if you are a certified medical marijuana user, you are automatically entitled to the protections against disability discrimination, without even having to prove that disability in court. Presuming you have some disability which enabled your doctor to certify you for medical marijuana, you are still entitled to seek whatever reasonable accommodations you may be entitled to.

I Use Marijuana for Pain, but I Have Never Been Certified by a Doctor. Do I have any protections?

Yes. You still have the protections given to recreational users who smoke or use marijuana on their own time, as covered in a recent blog, but there have been cases where people who were not certified subsequently became certified users who have had some success.

Do all Employers Obey These Laws?

If you get a lawyer to contact your employer, most will comply with the law, and they may be afraid they will be subject to a lawsuit if they fire you. However, some employers are strongly resisting these laws, like the Police Department and the Fire Department, but the pending lawsuits will make them come around after they wind their way through the courts.

Has Medical Marijuana Become Easier to Get in New York?

Yes. We initially had the most restrictive medical marijuana law in the country. Only a few conditions qualified, but now, you can get medical marijuana for any condition your doctor feels is clinically appropriate, provided he/she is a certified provider under the regulations. Regulations have been proposed for the home cultivation of medical marijuana, but are not in effect yet. While cultivation of small amounts of marijuana has already been decriminalized, medical marijuana “homegrowers” would be allowed to raise larger quantities.