Consumer Rights & Protections

What This Covers

• Protections against discrimination for lawful cannabis use
• What actions are lawful when performed under the Cannabis Law
• Sealing of eligible past cannabis-related convictions

Protections for the Use of Cannabis (Section 127)

This section protects adults who lawfully use cannabis from discrimination in most areas of daily life.

Key rules:

• Lawful adult-use cannabis consumption may not be used as grounds to deny:
  • Housing
  • Employment
  • Education
  • Public services
• Off-duty, off-premises cannabis use is protected under state law.

Limits on protection:

• Employers may still enforce policies related to:
  • Impairment at work
  • Safety-sensitive roles
  • Federal requirements
• Protection applies to lawful use, not to conduct that creates risk or impairment.

For operators:

• You may not take adverse action against customers or staff solely because of lawful cannabis use.
• Any discipline or policy must be tied to conduct, not consumption status.

Lawful Actions Pursuant to This Chapter (Section 134)

This section confirms that actions authorized by the Cannabis Law are lawful when performed within the scope of a valid license, registration, or statutory provision.

Key rules:

• Activities authorized under the Cannabis Law are lawful under New York State law.
• Activities outside the scope of a license or authorization remain unlawful, even though cannabis is legal.

This section creates a clear boundary:

• Licensed and authorized activity is protected.
• Unlicensed or unauthorized activity is not protected.

For operators:

• If the law or your license does not explicitly authorize an action, it is not lawful.
• Operating outside scope exposes you to enforcement, penalties, and license risk.

Orders to Seal (Section 138-B)

This section allows courts to seal eligible past cannabis-related convictions.

Once sealed:

• The record may not be used in:
  • Employment decisions
  • Housing decisions
  • Licensing decisions
• Employers and operators may not ask about sealed offenses.
• Sealed records do not appear in standard background checks or OCM licensing reviews.

This provision supports:

• Entry into the legal cannabis market
• Protection from ongoing consequences of prior cannabis enforcement

What Operators Usually Miss

• Lawful use protections do not cover impairment
• License scope defines what is lawful, not general legalization
• Sealed convictions are legally off-limits in screening

When This Comes Up

• Hiring and employment decisions
• Customer or employee discipline
• Licensing disclosures and background checks
• Compliance reviews or enforcement actions

What Happens If You Ignore This

• Discrimination claims
• Employment law exposure
• Licensing risk for improper screening or adverse actions
• Enforcement action for operating outside lawful scope

Related MRTA Article 6 Section Pages

• Licensing & Permits
• Enforcement & Penalties
• Government & Legal Process
• Rules for Everyone Article 6 Main Page

Source Material

• MRTA Article 6, Sections 127, 134, 138-B