MRTA Article 3, Section 40
This section explains how New York’s medical cannabis law fits within broader legal systems. It clarifies what state medical cannabis protections do, and do not override, including federal law, employment rules, housing policies, and institutional regulations.
This is where the limits of state protection are defined.
This section makes clear that New York’s medical cannabis law does not override federal law or other state and institutional rules governing safety, housing, education, or employment.
Key principles include:
Being a certified patient provides protections under New York law. It does not guarantee protection in environments governed by federal rules or independent institutional policies.
State medical cannabis protections do not apply in all situations.
Examples include:
Employment
A certified patient who fails an employer drug test may face disciplinary action, especially in federally regulated or safety-sensitive roles.
Education
Cannabis possession or use in schools, colleges, or dormitories may violate institutional policies, even with valid certification.
Housing
Growing or possessing cannabis in federally subsidized housing may violate federal housing rules and can result in eviction.
Scope of Use
Certification protects lawful access under state law. It does not authorize unlimited use in all locations or circumstances.
State protections end where federal law or institutional authority begins.
