S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5246
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1. Section 3 of the cannabis law is amended by adding two new
 subdivisions 25-a and 25-b to read as follows:
   25-A. "EXEMPT FIRE AGENCY" MEANS A FIRE DEPARTMENT OF A CITY,  MUNICI-
 PALITY,  VILLAGE,  TOWN  OR OTHER GOVERNMENTAL SUBDIVISION THAT PROVIDES
 FIRE AND EMERGENCY SERVICES OR OTHER SAFETY SENSITIVE TASKS  TO  PROVIDE
 PUBLIC SAFETY TO A COMMUNITY.
   25-B.  "EXEMPT EMPLOYEE" MEANS A VOLUNTEER FIREFIGHTER OR AN EMERGENCY
 MEDICAL SERVICES EMPLOYEE OF AN EXEMPT FIRE AGENCY WHOSE WORK  RESPONSI-
 BILITIES  ARE TASKS THAT IMPACT THE SAFETY OF A MITIGATION EFFORT OR THE
 SAFETY OF OTHER EMPLOYEES. ACTIVITIES MAY  INCLUDE,  BUT  SHALL  NOT  BE
 LIMITED  TO,  DRIVING  AND  OPERATING FIRE APPARATUS, OPERATING IN IMME-
 DIATELY DANGEROUS TO LIFE ATMOSPHERES, ESTABLISHING AND  OPERATING  HOSE
 LINES,  PERFORMING ALL MANNER OF RESCUE ACTIVITIES, AND DELIVERING EMER-
 GENCY MEDICAL CARE TO THE SICK OR INJURED.
   § 2. Section 127 of the cannabis law is amended by adding a new subdi-
 vision 7 to read as follows:
   7. (A) FOR THE PURPOSE OF ASSURING THE SAFETY OF OTHER VOLUNTEER FIRE-
 FIGHTERS AND EMERGENCY MEDICAL SERVICES EMPLOYEES, THE  PUBLIC  AND  THE
 PROTECTION  OF  THEIR GREATER COMMUNITY, THIS SECTION SHALL NOT APPLY TO
 AN EXEMPT EMPLOYEE OF AN EXEMPTED FIRE AGENCY.  ADDITIONALLY, AN  EXEMPT
 FIRE  AGENCY  SHALL  BE  ENTITLED  TO TAKE ALL REASONABLE MEASURES TO BE
 ASSURED THERE IS NO RISK OF CANNABIS IMPAIRMENT OF ITS EXEMPT EMPLOYEES,
 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
 
 AND  TESTING  FOR  CAUSE FOR THE PRESENCE OF EVIDENCE OF CANNABIS USE BY
 THE MEMBER IN ACCORDANCE WITH CURRENT FEDERAL STANDARDS.
   (B)  ANY  EXEMPT  EMPLOYEE OF AN EXEMPT FIRE AGENCY THAT IS PRESCRIBED
 CANNABIS FOR MEDICAL PURPOSES SHALL BE REQUIRED  TO  IMMEDIATELY  REPORT
 THEIR  PRESCRIPTION TO THE EXEMPT FIRE AGENCY WHO SHALL CONSULT WITH THE
 EXEMPT FIRE AGENCY'S MEDICAL DIRECTOR TO MAKE  A  DETERMINATION  OF  THE
 EXEMPT  EMPLOYEE'S  FITNESS  FOR  DUTY  AND  A  NEED  TO  BE  PLACED  ON
 RESTRICTION.
   § 3. This act shall take effect immediately.