Consumer Rights & Protections
MRTA Article 6; Sections 127, 134, 138-B
These sections define the legal protections afforded to adult cannabis consumers in New York, the boundaries of lawful conduct, and how past cannabis convictions are treated under state law.
They establish where protections apply, where they stop, and how lawful activity is distinguished from unlicensed or prohibited conduct.
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 (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 (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 (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
Source Material
