Medical Marijuana Patients in New York Gain New Housing Protections

11 March 2025

New York lawmakers are working to protect medical marijuana patients from being evicted just for using their prescribed cannabis. The Senate’s Housing Committee recently approved Senate Bill 3689, which would make it illegal for landlords to remove tenants solely because of their medical cannabis use.

What Does the Bill Do?

• Stops Evictions for Medical Marijuana Use – If you're a certified medical cannabis patient, your landlord can't evict you just for that.
• Clarifies Housing Rights – While New York already has protections for cannabis users, this law would make it extra clear that medical marijuana patients can’t be unfairly targeted.
• Gives Patients a Legal Defense – If a landlord tries to evict someone for medical cannabis use, tenants can fight back in court using this law.
• Landlords Can Still Evict for Other Reasons – This bill doesn’t stop all evictions—if a tenant violates lease terms in other ways, landlords still have the right to take action.

Why Is This Bill Needed?

Even though New York legalized medical marijuana, federal law still bans cannabis use. That creates a legal gray area where some landlords—especially those following federal rules—still evict medical marijuana patients.

Does Bill 3689 Apply to All Housing?

• The bill only applies to private landlords under state law—it won’t override federal housing rules.
• If you live in federally funded housing, cannabis use is still not allowed.

What’s Next?

The bill still needs full approval from the Senate and Assembly before becoming law. If passed, it would give medical marijuana patients in New York more security, ensuring they won’t lose their homes for using state-approved cannabis.

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