New York A 5246: Excludes volunteer firefighters and emergency medical services employees from the permissive use of marijuana

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A05246 Summary:

BILL NOA05246 

&nbsp

SAME ASSAME AS S04618

&nbsp

SPONSORDeStefano

&nbsp

COSPNSRGiglio, Lemondes, Smith, Mikulin, Manktelow, Angelino, Brown K, Brown E

&nbsp

MLTSPNSR

&nbsp

Amd §§3 & 127, Cannabis L

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Excludes volunteer firefighters and emergency medical services employees from the permissive use of marijuana.

Go to top A05246 Actions:

BILL NOA05246 

&nbsp

02/12/2025referred to labor

01/07/2026referred to labor

Go to topA05246 Committee&nbspVotes:

Go to topA05246 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05246 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5246

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 12, 2025
 ___________

 Introduced by M. of A. DeSTEFANO, GIGLIO, LEMONDES, SMITH, MIKULIN,
 MANKTELOW, ANGELINO, K. BROWN, E. BROWN -- read once and referred to
 the Committee on Labor

 AN ACT to amend the cannabis law, in relation to excluding volunteer
 firefighters and emergency medical services employees from the permis-
 sive use of marijuana

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 3 of the cannabis law is amended by adding two new
 2 subdivisions 25-a and 25-b to read as follows:
 3 25-a. "Exempt fire agency" means a fire department of a city, munici-
 4 pality, village, town or other governmental subdivision that provides
 5 fire and emergency services or other safety sensitive tasks to provide
 6 public safety to a community.
 7 25-b. "Exempt employee" means a volunteer firefighter or an emergency
 8 medical services employee of an exempt fire agency whose work responsi-
 9 bilities are tasks that impact the safety of a mitigation effort or the
 10 safety of other employees. Activities may include, but shall not be
 11 limited to, driving and operating fire apparatus, operating in imme-
 12 diately dangerous to life atmospheres, establishing and operating hose
 13 lines, performing all manner of rescue activities, and delivering emer-
 14 gency medical care to the sick or injured.
 15 § 2. Section 127 of the cannabis law is amended by adding a new subdi-
 16 vision 7 to read as follows:
 17 7. (a) For the purpose of assuring the safety of other volunteer fire-
 18 fighters and emergency medical services employees, the public and the
 19 protection of their greater community, this section shall not apply to
 20 an exempt employee of an exempted fire agency. Additionally, an exempt
 21 fire agency shall be entitled to take all reasonable measures to be
 22 assured there is no risk of cannabis impairment of its exempt employees,
 23 including but not limited to, preemployment testing, random drug tests

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08210-01-5

 A. 5246 2

 1 and testing for cause for the presence of evidence of cannabis use by
 2 the member in accordance with current federal standards.
 3 (b) Any exempt employee of an exempt fire agency that is prescribed
 4 cannabis for medical purposes shall be required to immediately report
 5 their prescription to the exempt fire agency who shall consult with the
 6 exempt fire agency's medical director to make a determination of the
 7 exempt employee's fitness for duty and a need to be placed on
 8 restriction.
 9 § 3. This act shall take effect immediately.

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