NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9517
SPONSOR: Gottfried (MS) TITLE OF BILL:
An act to amend the public health law, in relation to forms of marihuana
authorized for medical use
PURPOSE:
To allow medical marihuana to be smoked for medical use
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends subdivisions 1 and 8 of § 3360 of the Public Health
Law to remove prohibitions on smoking medical marihuana.
Section 2: Amends subdivision 2 of section 3362 of the public health law
to prohibit smoking of medical marihuana in any place where tobacco may
not be smoked under Article 13-E of the Public Health Law (Clean Indoor
Air Act).
Section 3: Effective date.
JUSTIFICATION:
For some patients, smoking is the most affordable delivery method, and
it enables them to effectively limit dosage. Medical marihuana patients
are not interested in getting intoxicated: they want to control their
symptoms and get on with their work. The medical marihuana law does not
allow smoking as a delivery method for medical marihuana. New York is
one of only two out of 25 medical marihuana programs that prohibit it.
This legislation would expand access for those patients while protecting
the public by making medical marihuana subject to the Clean Indoor Air
Act.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
9517
IN ASSEMBLY
March 10, 2016
___________
Introduced by M. of A. GOTTFRIED, DINOWITZ, PAULIN, HEVESI, LUPARDO,
ZEBROWSKI, SKARTADOS, ORTIZ, BRINDISI, COOK, SEPULVEDA -- Multi-Spon-
sored by -- M. of A. BLAKE, HYNDMAN, SIMON -- read once and referred
to the Committee on Health
AN ACT to amend the public health law, in relation to forms of marihuana
authorized for medical use
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 8 of section 3360 of the public health
2 law, as added by chapter 90 of the laws of 2014, are amended to read as
3 follows:
4 1. "Certified medical use" means the acquisition, possession, use, or,
5 transportation of medical marihuana by a certified patient, or the
6 acquisition, possession, delivery, transportation or administration of
7 medical marihuana by a designated caregiver, for use as part of the
8 treatment of the patient's serious condition, as authorized in a certif-
9 ication under this title including enabling the patient to tolerate
10 treatment for the serious condition. [A certified medical use does not
11 include smoking.]
12 8. "Medical marihuana" means marihuana as defined in subdivision twen-
13 ty-one of section thirty-three hundred two of this article, intended for
14 a certified medical use[, as determined by the commissioner in his or
15 her sole discretion. Any form of medical marihuana not approved by the
16 commissioner is expressly prohibited].
17 § 2. Subdivision 2 of section 3362 of the public health law, as added
18 by chapter 90 of laws of 2014, is amended to read as follows:
19 2. Notwithstanding subdivision one of this section:
20 (a) possession of medical marihuana shall not be lawful under this
21 title if it is smoked, consumed, vaporized, or grown in a public place,
22 regardless of the form of medical marihuana stated in the patient's
23 certification.
24 (b) a person possessing medical marihuana under this title shall
25 possess his or her registry identification card at all times when in
26 immediate possession of medical marihuana.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13608-02-6
A. 9517 2
1 (c) medical marihuana may not be smoked in any place where tobacco may
2 not be smoked under article thirteen-E of this chapter, regardless of
3 the form of medical marihuana stated in the patient's certification.
4 § 3. This act shall take effect immediately; provided that the amend-
5 ments to title 5-A of article 33 of the public health law made by this
6 act shall not affect the repeal of such title and shall be deemed
7 repealed therewith.
