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See Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
7542
2009-2010 Regular Sessions
I N A S S E M B L Y
April 14, 2009
___________
Introduced by M. of A. GOTTFRIED, BRADLEY, CAHILL, CLARK, CYMBROWITZ,
DINOWITZ, O'DONNELL, PAULIN, PEOPLES, LIFTON, KAVANAGH, COOK, SPANO,
DenDEKKER, SKARTADOS, CALHOUN -- Multi-Sponsored by -- M. of A. ALFA-
NO, AUBRY, BOYLAND, BRENNAN, BROOK-KRASNY, GALEF, GLICK, HIKIND, HOYT,
JACOBS, JAFFEE, KELLNER, V. LOPEZ, LUPARDO, MAISEL, MARKEY, MAYERSOHN,
McENENY, MILLER, MILLMAN, PHEFFER, POWELL, PRETLOW, N. RIVERA, ROBIN-
SON, ROSENTHAL, SCARBOROUGH, SCHIMEL, SCOZZAFAVA, SWEENEY, TOWNS,
WALKER, WEISENBERG, WRIGHT -- read once and referred to the Committee
on Health
AN ACT to amend the public health law and the general business law, in
relation to medical use of marihuana
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings and intent. The legislature finds that
2 thousands of New Yorkers have serious medical conditions that can be
3 improved by medically-approved use of marihuana. The law should not
4 stand between them and treatment necessary for life and health. This
5 legislation follows the well-established public policy that a controlled
6 substance can have a legitimate medical use. Many controlled substances
7 that are legal for medical use (such as morphine and steroids) are ille-
8 gal for any other use. The purposes of article 33 of the public health
9 law include allowing legitimate use of controlled substances in health
10 care, including palliative care. This policy and this legislation do not
11 in any way diminish New York state's strong public policy and laws
12 against illegal drug use, nor should it be deemed in any manner to advo-
13 cate, authorize, promote, or legally or socially accept the use of mari-
14 huana for children or adults, for any non-medical use. This legislation
15 is an appropriate exercise of the state's legislative power to protect
16 the health of its people under article 17 of the state constitution and
17 the tenth amendment of the United States constitution.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07082-03-9
A. 7542 2
1 It is the legislative intent that this act be implemented consistently
2 with these findings and principles, through a reasonable and workable
3 system with appropriate oversight, evaluation and continuing research.
4 S 2. Article 33 of the public health law is amended by adding a new
5 title 5-A to read as follows:
6 TITLE V-A
7 MEDICAL USE OF MARIHUANA
8 SECTION 3360. DEFINITIONS.
9 3361. CERTIFICATION OF PATIENTS.
10 3362. POSSESSION.
11 3363. REGISTRY IDENTIFICATION CARDS.
12 3364. REGISTERED ORGANIZATIONS.
13 3365. REGISTERING OF REGISTERED ORGANIZATIONS.
14 3366. REPORTS BY REGISTERED ORGANIZATIONS.
15 3367. FEDERAL AUTHORITY; REGISTERED ORGANIZATION IMPLEMENTATION
16 AND EFFECT.
17 3368. EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
18 3369. RELATION TO OTHER LAWS.
19 S 3360. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
20 HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
21 WISE:
22 1. "CERTIFIED MEDICAL USE" MEANS THE ACQUISITION, POSSESSION, MANUFAC-
23 TURE, USE, DELIVERY, TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF
24 MEDICAL MARIHUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR USE
25 AS PART OF THE TREATMENT OF THE PATIENT'S SERIOUS CONDITION SPECIFIED IN
26 A CERTIFICATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-ONE OF THIS
27 TITLE, INCLUDING ENABLING THE PATIENT TO TOLERATE TREATMENT FOR THE
28 SERIOUS CONDITION.
29 2. "CERTIFIED PATIENT" MEANS A PATIENT WHO IS CERTIFIED UNDER SECTION
30 THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
31 3. "CERTIFICATION" MEANS A CERTIFICATION, MADE UNDER SECTION
32 THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
33 4. "DESIGNATED CAREGIVER" MEANS THE INDIVIDUAL DESIGNATED BY A CERTI-
34 FIED PATIENT IN A REGISTRY APPLICATION.
35 5. "PUBLIC PLACE" MEANS A PUBLIC PLACE AS DEFINED IN SECTION 240.00 OF
36 THE PENAL LAW, A MOTOR VEHICLE AS DEFINED IN SECTION ONE HUNDRED TWEN-
37 TY-FIVE OF THE VEHICLE AND TRAFFIC LAW, AN AIRCRAFT AS DEFINED IN
38 SECTION TWO HUNDRED FORTY OF THE GENERAL BUSINESS LAW OR A VESSEL AS
39 DEFINED IN SECTION TWO OF THE NAVIGATION LAW.
40 6. "SERIOUS CONDITION" MEANS A SEVERE DEBILITATING OR LIFE-THREATENING
41 CONDITION, OR A CONDITION ASSOCIATED WITH OR A COMPLICATION OF SUCH A
42 CONDITION OR ITS TREATMENT (INCLUDING BUT NOT LIMITED TO INABILITY TO
43 TOLERATE FOOD, NAUSEA, VOMITING, DYSPHORIA OR PAIN).
44 7. "MEDICAL MARIHUANA" MEANS MARIHUANA AS DEFINED IN SUBDIVISION TWEN-
45 TY-ONE OF SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE ACQUIRED,
46 POSSESSED, MANUFACTURED, USED, DELIVERED, TRANSFERRED, TRANSPORTED, OR
47 ADMINISTERED BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR A CERTI-
48 FIED MEDICAL USE.
49 8. "REGISTERED ORGANIZATION" MEANS A REGISTERED ORGANIZATION UNDER
50 SECTIONS THIRTY-THREE HUNDRED SIXTY-FOUR AND THIRTY-THREE HUNDRED
51 SIXTY-FIVE OF THIS TITLE.
52 9. "REGISTRY APPLICATION" MEANS AN APPLICATION PROPERLY COMPLETED AND
53 FILED WITH THE DEPARTMENT BY A CERTIFIED PATIENT UNDER SECTION
54 THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
A. 7542 3
1 10. "REGISTRY IDENTIFICATION CARD" MEANS A DOCUMENT THAT IDENTIFIES A
2 CERTIFIED PATIENT OR DESIGNATED CAREGIVER, AS PROVIDED UNDER SECTION
3 THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
4 11. "USABLE MARIHUANA" MEANS MARIHUANA CONSISTING OF THE HARVESTED
5 LEAVES AND FLOWERS OF THE PLANT OF THE GENUS CANNABIS, BUT DOES NOT
6 INCLUDE ANY FOOD THAT IS NOT MARIHUANA.
7 12. "UNUSABLE MARIHUANA" MEANS SEEDS, STALKS, SEEDLINGS, AND UNUSABLE
8 ROOTS. "SEEDLING" MEANS A MARIHUANA PLANT THAT HAS NO FLOWERS, IS LESS
9 THAN TWELVE INCHES IN HEIGHT, AND IS LESS THAN TWELVE INCHES IN DIAM-
10 ETER.
11 S 3361. CERTIFICATION OF PATIENTS. 1. A PATIENT CERTIFICATION MAY ONLY
12 BE ISSUED IF A PRACTITIONER CERTIFIES THAT: (A) THE PATIENT HAS A SERI-
13 OUS CONDITION, WHICH SHALL BE SPECIFIED IN THE PATIENT'S HEALTH CARE
14 RECORD; (B) THE PATIENT IS UNDER THE PRACTITIONER'S CARE FOR THE SERIOUS
15 CONDITION; AND (C) IN THE PRACTITIONER'S PROFESSIONAL OPINION, THE
16 PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE
17 PRIMARY OR ADJUNCTIVE TREATMENT WITH MEDICAL USE OF MARIHUANA FOR THE
18 SERIOUS CONDITION.
19 2. THE CERTIFICATION SHALL BE IN WRITING AND INCLUDE (A) THE NAME,
20 DATE OF BIRTH AND ADDRESS OF THE PATIENT; (B) A STATEMENT THAT THE
21 PATIENT HAS A SERIOUS CONDITION; THE PATIENT IS UNDER THE PRACTITIONER'S
22 CARE FOR THE SERIOUS CONDITION AND, IN THE PRACTITIONER'S PROFESSIONAL
23 OPINION, THE PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE
24 BENEFIT FROM THE PRIMARY OR ADJUNCTIVE TREATMENT WITH MEDICAL USE OF
25 MARIHUANA FOR THE SERIOUS CONDITION; (C) THE DATE; AND (D) THE NAME,
26 ADDRESS, FEDERAL REGISTRATION NUMBER, TELEPHONE NUMBER, AND THE HAND-
27 WRITTEN SIGNATURE OF THE CERTIFYING PRACTITIONER. THE COMMISSIONER MAY
28 REQUIRE BY REGULATION THAT THE CERTIFICATION SHALL BE ON A FORM PROVIDED
29 BY THE DEPARTMENT IF THE COMMISSIONER DETERMINES THAT THE DEPARTMENT IS
30 MAKING CERTIFICATION FORMS ADEQUATELY AVAILABLE.
31 3. THE PRACTITIONER SHALL GIVE THE CERTIFICATION TO THE CERTIFIED
32 PATIENT, AND PLACE A COPY IN THE PATIENT'S HEALTH CARE RECORD.
33 4. NO PRACTITIONER SHALL ISSUE A CERTIFICATION UNDER THIS SECTION FOR
34 HIMSELF OR HERSELF.
35 5. A REGISTRY IDENTIFICATION CARD BASED ON A CERTIFICATION SHALL
36 EXPIRE ONE YEAR AFTER THE DATE THE CERTIFICATION IS SIGNED BY THE PRAC-
37 TITIONER; EXCEPT THAT WHERE A CERTIFIED PATIENT HAS A REGISTRY IDENTIFI-
38 CATION CARD BASED ON A CURRENT VALID CERTIFICATION, A NEW REGISTRY IDEN-
39 TIFICATION CARD BASED ON A NEW CERTIFICATION SHALL EXPIRE ONE YEAR AFTER
40 THE EXPIRATION OF THE REGISTRY IDENTIFICATION CARD BASED ON THE CURRENT
41 VALID CERTIFICATION. HOWEVER, IF THE PRACTITIONER STATES IN THE CERTIF-
42 ICATION THAT HE OR SHE BELIEVES THE PATIENT WOULD BENEFIT FROM MEDICAL
43 MARIHUANA ONLY UNTIL A SPECIFIED EARLIER DATE, THEN THE REGISTRY IDEN-
44 TIFICATION CARD SHALL EXPIRE ON THAT DATE.
45 S 3362. POSSESSION. 1. THE POSSESSION, ACQUISITION, MANUFACTURE, USE,
46 DELIVERY, TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF MEDICAL MARI-
47 HUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER POSSESSING A VALID
48 REGISTRY IDENTIFICATION CARD, FOR CERTIFIED MEDICAL USE, SHALL BE LAWFUL
49 UNDER THIS TITLE; PROVIDED THAT THE MARIHUANA THAT MAY BE POSSESSED BY A
50 CERTIFIED PATIENT AND SUCH CERTIFIED PATIENT'S DESIGNATED CAREGIVER DOES
51 NOT, IN TOTAL EXCEED TWELVE PLANTS AND A TOTAL AGGREGATE WEIGHT OF TWO
52 AND ONE-HALF OUNCES OF USABLE MARIHUANA. A CERTIFIED PATIENT OR DESIG-
53 NATED CAREGIVER POSSESSING A VALID REGISTRY IDENTIFICATION CARD MAY ALSO
54 LAWFULLY POSSESS A REASONABLE AMOUNT OF UNUSABLE MARIHUANA, INCLUDING UP
55 TO TWELVE SEEDLINGS, WHICH SHALL NOT BE COUNTED TOWARD THE LIMITS IN
56 THIS SECTION. THE PLANTS SHALL BE KEPT IN A CLOSET, ROOM, GREENHOUSE OR
A. 7542 4
1 OTHER ENCLOSED AREA EQUIPPED WITH LOCKS OR OTHER SECURITY DEVICES THAT
2 PERMIT ACCESS ONLY BY THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER,
3 UNLESS THEY ARE BEING TRANSPORTED BECAUSE THE CERTIFIED PATIENT IS
4 MOVING OR IF THEY ARE BEING TRANSPORTED TO A DESIGNATED CAREGIVER'S OR A
5 CERTIFIED PATIENT'S PROPERTY. A DESIGNATED CAREGIVER MAY POSSESS THE
6 QUANTITIES REFERRED TO IN THIS SUBDIVISION FOR EACH CERTIFIED PATIENT
7 FOR WHOM THE CAREGIVER POSSESSES A VALID REGISTRY IDENTIFICATION CARD,
8 UP TO FIVE CERTIFIED PATIENTS.
9 2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION: (A) POSSESSION OF
10 MARIHUANA SHALL NOT BE LAWFUL UNDER THIS TITLE IF IT IS CONSUMED OR
11 DISPLAYED IN A PUBLIC PLACE; (B) MEDICAL MARIHUANA MAY NOT BE SMOKED IN
12 ANY PLACE WHERE TOBACCO MAY NOT BE SMOKED UNDER ARTICLE THIRTEEN-E OF
13 THIS CHAPTER; (C) EXCEPT THAT IN A HEALTH CARE FACILITY, MEDICAL MARI-
14 HUANA MAY BE SMOKED BY A PATIENT OF THE FACILITY, SUBJECT TO OTHER
15 PROVISIONS OF THIS TITLE, IN AN AREA, AND UNDER CIRCUMSTANCES, PERMITTED
16 BY THE FACILITY, PROVIDED THAT THE PATIENT DOES NOT SMOKE IN THE PRES-
17 ENCE OF PATIENTS WHO ARE NOT CERTIFIED UNDER THIS TITLE.
18 3. IT SHALL BE LAWFUL UNDER THIS ARTICLE TO GIVE OR DISPOSE OF MARI-
19 HUANA TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR A CERTIFIED
20 MEDICAL USE WHERE NOTHING OF VALUE IS TRANSFERRED IN RETURN, OR TO OFFER
21 TO DO THE SAME. THIS PROHIBITION ON TRANSFERRING OR OFFERING TO TRANS-
22 FER A THING OF VALUE SHALL NOT (A) APPLY TO SALE OF MEDICAL MARIHUANA TO
23 OR BY A REGISTERED ORGANIZATION UNDER THIS ARTICLE; NOR (B) PREVENT A
24 DESIGNATED CAREGIVER FROM BEING REIMBURSED FOR ACTIVITIES RELATING TO
25 CARING FOR A CERTIFIED PATIENT, INCLUDING, BUT NOT LIMITED TO,
26 REIMBURSEMENT FOR LEGITIMATE EXPENSES RELATING TO THE MANUFACTURE OF
27 MEDICAL MARIHUANA OR THE PURCHASE OF MEDICAL MARIHUANA FROM A REGISTERED
28 ORGANIZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-SIX OF THIS TITLE.
29 4. NO SCHOOL, EMPLOYER OR LANDLORD SHALL REFUSE TO ENROLL, EMPLOY OR
30 LEASE TO OR OTHERWISE PENALIZE A PERSON SOLELY FOR HIS OR HER STATUS AS
31 A CERTIFIED PATIENT OR DESIGNATED CAREGIVER; PROVIDED, HOWEVER, THAT
32 NOTHING IN THIS PARAGRAPH REQUIRES A SCHOOL, EMPLOYER OR LANDLORD TO
33 MAKE ANY ADDITIONAL ACCOMMODATIONS.
34 S 3363. REGISTRY IDENTIFICATION CARDS. 1. THE DEPARTMENT SHALL ISSUE
35 REGISTRY IDENTIFICATION CARDS FOR CERTIFIED PATIENTS AND DESIGNATED
36 CAREGIVERS. A REGISTRY IDENTIFICATION CARD SHALL EXPIRE AS PROVIDED IN
37 SECTION THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE OR AS OTHERWISE
38 PROVIDED IN THIS SECTION. THE DEPARTMENT SHALL BEGIN ISSUING REGISTRY
39 IDENTIFICATION CARDS NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE
40 EFFECTIVE DATE OF THIS SECTION. THE DEPARTMENT MAY SPECIFY A FORM FOR A
41 REGISTRY APPLICATION, IN WHICH CASE THE DEPARTMENT SHALL PROVIDE THE
42 FORM ON REQUEST, REPRODUCTIONS OF THE FORM MAY BE USED, AND THE FORM
43 SHALL BE AVAILABLE FOR DOWNLOADING FROM THE DEPARTMENT'S WEBSITE.
44 2. TO OBTAIN OR RENEW A REGISTRY IDENTIFICATION CARD, A CERTIFIED
45 PATIENT SHALL FILE A REGISTRY APPLICATION WITH THE DEPARTMENT. THE
46 REGISTRY APPLICATION OR RENEWAL APPLICATION SHALL INCLUDE:
47 (A) A COPY OF THE PATIENT'S CERTIFICATION (A NEW WRITTEN CERTIFICATION
48 SHALL BE PROVIDED WITH A RENEWAL APPLICATION);
49 (B) (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT; (II) THE
50 DATE OF THE CERTIFICATION; (III) IF THE PATIENT HAS A REGISTRY IDENTIFI-
51 CATION CARD BASED ON A CURRENT VALID CERTIFICATION, THE REGISTRY IDEN-
52 TIFICATION NUMBER AND EXPIRATION DATE OF THAT REGISTRY IDENTIFICATION
53 CARD; (IV) THE SPECIFIED DATE UNTIL WHICH THE PATIENT WOULD BENEFIT FROM
54 MEDICAL MARIHUANA, IF THE CERTIFICATION STATES SUCH A DATE; (V) THE
55 NAME, ADDRESS, FEDERAL REGISTRATION NUMBER, AND TELEPHONE NUMBER OF THE
A. 7542 5
1 CERTIFYING PRACTITIONER; AND (VI) OTHER INDIVIDUAL IDENTIFYING INFORMA-
2 TION REQUIRED BY THE DEPARTMENT;
3 (C) IF THE PATIENT DESIGNATES A DESIGNATED CAREGIVER, THE NAME,
4 ADDRESS, AND DATE OF BIRTH OF THE DESIGNATED CAREGIVER, AND OTHER INDI-
5 VIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPARTMENT; A CERTIFIED
6 PATIENT MAY DESIGNATE UP TO TWO DESIGNATED CAREGIVERS;
7 (D) A STATEMENT THAT A FALSE STATEMENT MADE IN THE APPLICATION IS
8 PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW;
9 (E) THE DATE OF THE APPLICATION AND THE SIGNATURE OF THE CERTIFIED
10 PATIENT; AND
11 (F) A REASONABLE APPLICATION FEE, AS DETERMINED BY THE DEPARTMENT;
12 PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE THE FEE IN CASES OF
13 FINANCIAL HARDSHIP.
14 3. WHERE A CERTIFIED PATIENT IS UNDER THE AGE OF EIGHTEEN:
15 (A) THE APPLICATION FOR A REGISTRY IDENTIFICATION CARD SHALL BE MADE
16 BY AN APPROPRIATE PERSON OVER TWENTY-ONE YEARS OF AGE. THE APPLICATION
17 SHALL STATE FACTS DEMONSTRATING THAT THE PERSON IS APPROPRIATE.
18 (B) THE DESIGNATED CAREGIVER SHALL BE (I) A PARENT OR LEGAL GUARDIAN
19 OF THE CERTIFIED PATIENT, (II) A PERSON DESIGNATED BY A PARENT OR LEGAL
20 GUARDIAN, OR (III) AN APPROPRIATE PERSON APPROVED BY THE DEPARTMENT UPON
21 A SUFFICIENT SHOWING THAT NO PARENT OR LEGAL GUARDIAN IS APPROPRIATE OR
22 AVAILABLE.
23 4. NO PERSON MAY BE A DESIGNATED CAREGIVER IF THE PERSON IS UNDER
24 TWENTY-ONE YEARS OF AGE UNLESS A SUFFICIENT SHOWING IS MADE TO THE
25 DEPARTMENT THAT THE PERSON SHOULD BE PERMITTED TO SERVE AS A DESIGNATED
26 CAREGIVER.
27 5. NO PERSON MAY BE A DESIGNATED CAREGIVER FOR MORE THAN FIVE CERTI-
28 FIED PATIENTS AT ONE TIME. A DESIGNATED CAREGIVER SHALL CARRY A SEPARATE
29 REGISTRY IDENTIFICATION CARD FOR EACH CERTIFIED PATIENT FOR WHOM HE OR
30 SHE IS A DESIGNATED CAREGIVER. EACH REGISTRY IDENTIFICATION CARD SHALL
31 CONTAIN THE SAME REGISTRY IDENTIFICATION NUMBER SPECIFIED IN THIS
32 SECTION.
33 6. THE DEPARTMENT SHALL ISSUE SEPARATE REGISTRY IDENTIFICATION CARDS
34 FOR THE CERTIFIED PATIENT AND THE DESIGNATED CAREGIVER (IF ONE IS DESIG-
35 NATED IN THE REGISTRY APPLICATION) WITHIN THIRTY DAYS OF RECEIVING A
36 COMPLETE APPLICATION UNDER THIS SECTION, UNLESS IT DETERMINES THAT THE
37 APPLICATION IS INCOMPLETE OR FACIALLY INACCURATE, IN WHICH CASE IT SHALL
38 PROMPTLY NOTIFY THE APPLICANT.
39 7. IF THE DEPARTMENT DOES NOT APPROVE THE DESIGNATION OF AN INDIVID-
40 UAL AS A DESIGNATED CAREGIVER, THAT SHALL NOT AFFECT THE APPROVAL OF THE
41 APPLICATION AS TO THE CERTIFIED PATIENT.
42 8. A REGISTRY IDENTIFICATION CARD SHALL CONTAIN:
43 (A) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE CERTIFIED PATIENT AND
44 THE DESIGNATED CAREGIVER (IF ONE IS DESIGNATED IN THE REGISTRY APPLICA-
45 TION);
46 (B) THE DATE OF ISSUANCE AND EXPIRATION DATE OF THE REGISTRY IDENTIFI-
47 CATION CARD;
48 (C) A REGISTRY IDENTIFICATION NUMBER FOR THE CERTIFIED PATIENT AND A
49 REGISTRY IDENTIFICATION NUMBER FOR THE DESIGNATED CAREGIVER (IF ONE IS
50 DESIGNATED IN THE REGISTRY APPLICATION); AND
51 (D) A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE REGISTRY IDENTIFICATION
52 CARD IS BEING ISSUED, WHICH SHALL BE OBTAINED BY THE DEPARTMENT IN A
53 MANNER SPECIFIED BY THE COMMISSIONER IN REGULATIONS; PROVIDED, HOWEVER,
54 THAT IF THE DEPARTMENT REQUIRED CERTIFIED PATIENTS TO SUBMIT PHOTOGRAPHS
55 FOR THIS PURPOSE, THERE SHALL BE A REASONABLE ACCOMMODATION OF CERTIFIED
A. 7542 6
1 PATIENTS WHO ARE CONFINED TO THEIR HOMES DUE TO THEIR MEDICAL CONDITIONS
2 AND MAY THEREFORE HAVE DIFFICULTY PROCURING PHOTOGRAPHS.
3 9. A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WHO HAS BEEN ISSUED A
4 REGISTRY IDENTIFICATION CARD SHALL NOTIFY THE DEPARTMENT OF ANY CHANGE
5 IN HIS OR HER NAME OR ADDRESS OR, WITH RESPECT TO THE PATIENT, OR IF HE
6 OR SHE CEASES TO HAVE THE SERIOUS CONDITION NOTED ON THE CERTIFICATION,
7 WITHIN TEN DAYS OF SUCH CHANGE.
8 10. THE DEPARTMENT SHALL MAINTAIN A CONFIDENTIAL LIST OF THE PERSONS
9 TO WHOM IT HAS ISSUED REGISTRY IDENTIFICATION CARDS. INDIVIDUAL IDENTI-
10 FYING INFORMATION OBTAINED BY THE DEPARTMENT UNDER THIS TITLE SHALL BE
11 CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC
12 OFFICERS LAW. NOTWITHSTANDING THIS SUBDIVISION, THE DEPARTMENT MAY NOTI-
13 FY ANY APPROPRIATE LAW ENFORCEMENT AGENCY OF INFORMATION RELATING TO ANY
14 VIOLATION OR SUSPECTED VIOLATION OF THIS TITLE.
15 11. THE DEPARTMENT SHALL VERIFY TO LAW ENFORCEMENT PERSONNEL IN AN
16 APPROPRIATE CASE WHETHER A REGISTRY IDENTIFICATION CARD IS VALID.
17 12. IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WILLFULLY VIOLATES
18 ANY PROVISION OF THIS TITLE AS DETERMINED BY THE DEPARTMENT, HIS OR HER
19 REGISTRY IDENTIFICATION CARD MAY BE REVOKED. THIS IS IN ADDITION TO ANY
20 OTHER PENALTY THAT MAY APPLY.
21 13. TEMPORARY REGISTRY IDENTIFICATION CARDS. (A) REGISTRY IMPLEMENTA-
22 TION DATE. AS USED IN THIS SUBDIVISION, THE "REGISTRY IMPLEMENTATION
23 DATE" IS THE DATE DETERMINED BY THE COMMISSIONER WHEN THE DEPARTMENT IS
24 READY TO RECEIVE AND EXPEDITIOUSLY ACT ON APPLICATIONS FOR REGISTRY
25 IDENTIFICATION CARDS UNDER THIS SECTION. THE COMMISSIONER SHALL GIVE AT
26 LEAST SIXTY DAYS PRIOR WRITTEN PUBLIC NOTICE OF THE REGISTRY IDENTIFICA-
27 TION DATE, BY PUBLICATION IN THE STATE REGISTER.
28 (B)(I) CERTIFIED PATIENT. A COPY OF THE CERTIFIED PATIENT'S CERTIF-
29 ICATION SHALL TEMPORARILY SERVE AS AND HAVE THE SAME EFFECT AS HIS OR
30 HER REGISTRY IDENTIFICATION CARD. IT SHALL EXPIRE AS A REGISTRY IDEN-
31 TIFICATION CARD ON THE EARLIER OF THE EXPIRATION DATE OF THE CERTIF-
32 ICATION OR SIXTY DAYS AFTER THE REGISTRY IMPLEMENTATION DATE.
33 (II) DESIGNATED CAREGIVER. A COPY OF THE CERTIFIED PATIENT'S CERTIF-
34 ICATION, TOGETHER WITH A COPY OF A WRITTEN STATEMENT SIGNED BY THE
35 CERTIFIED PATIENT CONTAINING THE SAME INFORMATION AS AN APPLICATION FOR
36 A REGISTRY IDENTIFICATION CARD UNDER THIS SECTION DESIGNATING A PERSON
37 AS THE CERTIFIED PATIENT'S DESIGNATED CAREGIVER, SHALL TEMPORARILY SERVE
38 AS AND HAVE THE SAME EFFECT AS A REGISTRY IDENTIFICATION CARD FOR THE
39 DESIGNATED CAREGIVER. IN THE CASE OF A CERTIFIED PATIENT UNDER EIGHTEEN
40 YEARS OF AGE, THE STATEMENT SHALL BE SIGNED BY A PERSON AUTHORIZED TO
41 MAKE AN APPLICATION UNDER THIS SECTION FOR THE CERTIFIED PATIENT. IT
42 SHALL EXPIRE AS A REGISTRY IDENTIFICATION CARD ON THE EARLIER OF THE
43 EXPIRATION DATE OF THE CERTIFICATION OR SIXTY DAYS AFTER THE REGISTRY
44 IMPLEMENTATION DATE.
45 (C) ON AND AFTER THE REGISTRY IMPLEMENTATION DATE, UPON RECEIPT OF AN
46 APPLICATION FOR A REGISTRY IDENTIFICATION CARD, THE DEPARTMENT SHALL
47 SEND TO THE APPLICANT A LETTER ACKNOWLEDGING SUCH RECEIPT. WHILE THE
48 APPLICATION FOR A REGISTRY IDENTIFICATION CARD IS PENDING, A COPY OF THE
49 REGISTRY APPLICATION, TOGETHER WITH A COPY OF THE CERTIFICATION AND A
50 COPY OF THE LETTER OF RECEIPT FROM THE DEPARTMENT, SHALL SERVE AS AND
51 HAVE THE SAME EFFECT AS A REGISTRY IDENTIFICATION CARD FOR THE CERTIFIED
52 PATIENT AND DESIGNATED CAREGIVER IF ANY, PROVIDED THAT A CERTIFICATION
53 AND APPLICATION SHALL NOT SERVE AS A VALID REGISTRY IDENTIFICATION CARD
54 AFTER THE INITIAL THIRTY DAY PERIOD UNDER SUBDIVISION SIX OF THIS
55 SECTION. THIS PARAGRAPH SHALL EXPIRE AND HAVE NO EFFECT ONE YEAR AFTER
56 THE REGISTRY IMPLEMENTATION DATE.
A. 7542 7
1 S 3364. REGISTERED ORGANIZATIONS. 1. A REGISTERED ORGANIZATION SHALL
2 BE:
3 (A) A PHARMACY;
4 (B) A FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER;
5 (C) A NOT-FOR-PROFIT CORPORATION ORGANIZED FOR THE PURPOSE OF ACQUIR-
6 ING, POSSESSING, MANUFACTURING, SELLING, DELIVERING, TRANSPORTING OR
7 DISTRIBUTING MARIHUANA FOR CERTIFIED MEDICAL USE;
8 (D) THE DEPARTMENT;
9 (E) A LOCAL HEALTH DEPARTMENT; OR
10 (F) A REGISTERED PRODUCER, WHICH SHALL BE A PERSON OR ENTITY, WITH
11 APPROPRIATE EXPERTISE IN AGRICULTURE, REGISTERED FOR THE PURPOSE OF
12 ACQUIRING OR MANUFACTURING MARIHUANA AND SELLING, DELIVERING, TRANSPORT-
13 ING, OR DISTRIBUTING IT TO ANOTHER REGISTERED ORGANIZATION; A CERTIFIED
14 PRODUCER SHALL NOT SELL, DELIVER OR DISTRIBUTE MARIHUANA TO A CERTIFIED
15 PATIENT OR DESIGNATED CAREGIVER FOR THAT PERSON'S USE.
16 2. THE ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIVERY, TRANSPORT-
17 ING OR DISTRIBUTING OF MARIHUANA BY A REGISTERED ORGANIZATION UNDER THIS
18 TITLE IN ACCORDANCE WITH ITS REGISTRATION UNDER SECTION THIRTY-THREE
19 HUNDRED SIXTY-FIVE OF THIS TITLE OR A RENEWAL THEREOF SHALL BE LAWFUL
20 UNDER THIS TITLE.
21 3. A REGISTERED ORGANIZATION (OTHER THAN A REGISTERED PRODUCER) MAY
22 LAWFULLY, IN GOOD FAITH, SELL, DELIVER OR DISTRIBUTE MEDICAL MARIHUANA
23 TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER UPON PRESENTATION TO THE
24 REGISTERED ORGANIZATION OF A VALID REGISTRY IDENTIFICATION CARD FOR THAT
25 CERTIFIED PATIENT OR DESIGNATED CAREGIVER. WHEN PRESENTED WITH THE
26 REGISTRY IDENTIFICATION CARD, THE REGISTERED ORGANIZATION SHALL PROVIDE
27 TO THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER A RECEIPT, WHICH SHALL
28 STATE: THE NAME, ADDRESS, AND REGISTRY IDENTIFICATION NUMBER OF THE
29 REGISTERED ORGANIZATION; THE NAME AND ADDRESS OF THE CERTIFIED PATIENT
30 AND THE DESIGNATED CAREGIVER (IF ANY); AND THE QUANTITY OF MARIHUANA
31 SOLD. THE REGISTERED ORGANIZATION SHALL RETAIN A COPY OF THE REGISTRY
32 IDENTIFICATION CARD AND THE RECEIPT.
33 4. NO REGISTERED ORGANIZATION MAY SELL, DELIVER OR DISTRIBUTE TO ANY
34 CERTIFIED PATIENT OR DESIGNATED CAREGIVER A QUANTITY OF MEDICAL MARIHUA-
35 NA LARGER THAN THAT INDIVIDUAL WOULD BE ALLOWED TO POSSESS UNDER THIS
36 TITLE.
37 5. WHEN A REGISTERED ORGANIZATION SELLS, DELIVERS OR DISTRIBUTES
38 MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER, IT
39 SHALL PROVIDE TO THAT INDIVIDUAL A SAFETY INSERT, WHICH WILL BE DEVEL-
40 OPED AND APPROVED BY THE COMMISSIONER AND INCLUDE, BUT NOT BE LIMITED
41 TO, INFORMATION ON: (A) METHODS FOR ADMINISTERING MEDICAL MARIHUANA, (B)
42 ANY POTENTIAL DANGERS STEMMING FROM THE USE OF MEDICAL MARIHUANA, AND
43 (C) HOW TO RECOGNIZE WHAT MAY BE PROBLEMATIC USAGE OF MEDICAL MARIHUANA
44 AND OBTAIN APPROPRIATE SERVICES OR TREATMENT FOR PROBLEMATIC USAGE.
45 S 3365. REGISTERING OF REGISTERED ORGANIZATIONS. 1. APPLICATION FOR
46 INITIAL REGISTRATION. (A) AN APPLICANT FOR REGISTRATION AS A REGISTERED
47 ORGANIZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE
48 SHALL FURNISH TO THE DEPARTMENT A DESCRIPTION OF THE ACTIVITIES IN WHICH
49 IT INTENDS TO ENGAGE AS A REGISTERED ORGANIZATION AND ANY INFORMATION
50 THE DEPARTMENT SHALL REASONABLY REQUIRE AND EVIDENCE THAT THE APPLICANT:
51 (I) AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARACTER;
52 (II) POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT LAND, BUILDINGS AND
53 EQUIPMENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICA-
54 TION;
55 (III) IS ABLE TO MAINTAIN EFFECTIVE CONTROL AGAINST DIVERSION OF THE
56 MARIHUANA; AND
A. 7542 8
1 (IV) IS ABLE TO COMPLY WITH ALL APPLICABLE STATE LAWS AND REGULATIONS
2 RELATING TO THE ACTIVITIES IN WHICH IT INTENDS TO ENGAGE UNDER THE
3 REGISTRATION.
4 (B) THE APPLICATION SHALL ESTABLISH THE APPLICANT'S STATUS UNDER PARA-
5 GRAPH (A), (B), (C), (D) OR (E) OF SUBDIVISION ONE OF SECTION
6 THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE.
7 (C) THE APPLICATION SHALL INCLUDE THE NAME, RESIDENCE ADDRESS AND
8 TITLE OF EACH OF THE OFFICERS AND DIRECTORS AND THE NAME AND RESIDENCE
9 ADDRESS OF ANY PERSON OR ENTITY THAT IS A MEMBER OF THE APPLICANT. EACH
10 SUCH PERSON, IF AN INDIVIDUAL, OR LAWFUL REPRESENTATIVE IF A LEGAL ENTI-
11 TY, SHALL SUBMIT AN AFFIDAVIT WITH THE APPLICATION SETTING FORTH:
12 (I) ANY POSITION OF MANAGEMENT OR OWNERSHIP DURING THE PRECEDING TEN
13 YEARS OF A TEN PER CENTUM OR GREATER INTEREST IN ANY OTHER BUSINESS,
14 LOCATED IN OR OUTSIDE THIS STATE, MANUFACTURING OR DISTRIBUTING DRUGS;
15 (II) WHETHER SUCH PERSON OR ANY SUCH BUSINESS HAS BEEN CONVICTED,
16 FINED, CENSURED OR HAD A REGISTRATION SUSPENDED OR REVOKED IN ANY ADMIN-
17 ISTRATIVE OR JUDICIAL PROCEEDING RELATING TO OR ARISING OUT OF THE MANU-
18 FACTURE, DISTRIBUTION, SALE, OR POSSESSION OF DRUGS; AND
19 (III) SUCH OTHER INFORMATION AS THE COMMISSIONER MAY REASONABLY
20 REQUIRE.
21 (D) THE APPLICANT SHALL BE UNDER A CONTINUING DUTY TO REPORT TO THE
22 DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED IN THE APPLI-
23 CATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUMSTANCE WHICH
24 IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
25 2. GRANTING OF REGISTRATION. (A) THE COMMISSIONER SHALL GRANT A REGIS-
26 TRATION OR AMENDMENT TO A REGISTRATION UNDER THIS SECTION IF HE OR SHE
27 IS SATISFIED THAT:
28 (I) THE APPLICANT WILL BE ABLE TO MAINTAIN EFFECTIVE CONTROL AGAINST
29 DIVERSION OF MARIHUANA;
30 (II) THE APPLICANT WILL BE ABLE TO COMPLY WITH ALL APPLICABLE STATE
31 LAWS;
32 (III) THE APPLICANT AND ITS OFFICERS ARE READY, WILLING AND ABLE TO
33 PROPERLY CARRY ON THE MANUFACTURING OR DISTRIBUTING ACTIVITY FOR WHICH A
34 REGISTRATION IS SOUGHT;
35 (IV) THE APPLICANT POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT LAND,
36 BUILDINGS AND EQUIPMENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN
37 THE APPLICATION;
38 (V) IT IS IN THE PUBLIC INTEREST THAT SUCH REGISTRATION BE GRANTED;
39 AND
40 (VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
41 TER.
42 (B) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT SHOULD BE
43 ISSUED A REGISTRATION, HE OR SHE SHALL NOTIFY THE APPLICANT IN WRITING
44 OF THOSE FACTORS UPON WHICH FURTHER EVIDENCE IS REQUIRED. WITHIN THIRTY
45 DAYS OF THE RECEIPT OF SUCH NOTIFICATION, THE APPLICANT MAY SUBMIT ADDI-
46 TIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEARING OR BOTH.
47 (C) THE FEE FOR A REGISTRATION UNDER THIS SECTION SHALL BE ONE THOU-
48 SAND TWO HUNDRED DOLLARS; PROVIDED HOWEVER, IF THE REGISTRATION IS
49 ISSUED FOR A PERIOD GREATER THAN TWO YEARS THE FEE SHALL BE INCREASED,
50 PRO RATA, FOR EACH ADDITIONAL MONTH OF VALIDITY.
51 (D) REGISTRATIONS ISSUED UNDER THIS SECTION SHALL BE EFFECTIVE ONLY
52 FOR AND SHALL SPECIFY:
53 (I) THE NAME AND ADDRESS OF THE REGISTERED ORGANIZATION; AND
54 (II) WHICH ACTIVITIES OF A REGISTERED ORGANIZATION ARE PERMITTED BY
55 THE REGISTRATION.
A. 7542 9
1 (E) UPON APPLICATION OF A REGISTERED ORGANIZATION, A REGISTRATION MAY
2 BE AMENDED TO ALLOW THE REGISTERED ORGANIZATION TO RELOCATE WITHIN THE
3 STATE OR TO ADD OR DELETE PERMITTED REGISTERED ORGANIZATION ACTIVITIES.
4 THE FEE FOR SUCH AMENDMENT SHALL BE TWO HUNDRED FIFTY DOLLARS.
5 3. A REGISTRATION ISSUED UNDER THIS SECTION SHALL BE VALID FOR TWO
6 YEARS FROM THE DATE OF ISSUE, EXCEPT THAT IN ORDER TO FACILITATE THE
7 RENEWALS OF SUCH REGISTRATIONS, THE COMMISSIONER MAY UPON THE INITIAL
8 APPLICATION FOR A REGISTRATION, ISSUE SOME REGISTRATIONS WHICH MAY
9 REMAIN VALID FOR A PERIOD OF TIME GREATER THAN TWO YEARS BUT NOT EXCEED-
10 ING AN ADDITIONAL ELEVEN MONTHS.
11 4. APPLICATIONS FOR RENEWAL OF REGISTRATIONS. (A) AN APPLICATION FOR
12 THE RENEWAL OF ANY REGISTRATION ISSUED UNDER THIS SECTION SHALL BE FILED
13 WITH THE DEPARTMENT NOT MORE THAN SIX MONTHS NOR LESS THAN FOUR MONTHS
14 PRIOR TO THE EXPIRATION THEREOF. A LATE-FILED APPLICATION FOR THE
15 RENEWAL OF A REGISTRATION MAY, IN THE DISCRETION OF THE COMMISSIONER, BE
16 TREATED AS AN APPLICATION FOR AN INITIAL LICENSE.
17 (B) THE APPLICATION FOR RENEWAL SHALL INCLUDE SUCH INFORMATION
18 PREPARED IN THE MANNER AND DETAIL AS THE COMMISSIONER MAY REQUIRE,
19 INCLUDING BUT NOT LIMITED TO:
20 (I) ANY MATERIAL CHANGE IN THE CIRCUMSTANCES OR FACTORS LISTED IN
21 SUBDIVISION ONE OF THIS SECTION; AND
22 (II) EVERY KNOWN CHARGE OR INVESTIGATION, PENDING OR CONCLUDED DURING
23 THE PERIOD OF THE REGISTRATION, BY ANY GOVERNMENTAL AGENCY WITH RESPECT
24 TO:
25 (1) EACH INCIDENT OR ALLEGED INCIDENT INVOLVING THE THEFT, LOSS, OR
26 POSSIBLE DIVERSION OF MARIHUANA MANUFACTURED OR DISTRIBUTED BY THE
27 APPLICANT; AND
28 (2) COMPLIANCE BY THE APPLICANT WITH THE LAWS OF THE STATE WITH
29 RESPECT TO ANY SUBSTANCE LISTED IN SECTION THIRTY-THREE HUNDRED SIX OF
30 THIS ARTICLE.
31 (C) AN APPLICANT FOR RENEWAL SHALL BE UNDER A CONTINUING DUTY TO
32 REPORT TO THE DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED
33 IN THE APPLICATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUM-
34 STANCE WHICH IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
35 (D) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT IS ENTI-
36 TLED TO A RENEWAL OF THE REGISTRATION, HE OR SHE SHALL WITHIN FORTY-FIVE
37 DAYS AFTER THE FILING OF THE APPLICATION SERVE UPON THE APPLICANT OR HIS
38 OR HER ATTORNEY OF RECORD IN PERSON OR BY REGISTERED OR CERTIFIED MAIL
39 AN ORDER DIRECTING THE APPLICANT TO SHOW CAUSE WHY HIS OR HER APPLICA-
40 TION FOR RENEWAL SHOULD NOT BE DENIED. THE ORDER SHALL SPECIFY IN DETAIL
41 THE RESPECTS IN WHICH THE APPLICANT HAS NOT SATISFIED THE COMMISSIONER
42 THAT THE REGISTRATION SHOULD BE RENEWED.
43 (E) WITHIN THIRTY DAYS OF SERVICE OF SUCH ORDER, THE APPLICANT MAY
44 EITHER SUBMIT ADDITIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEAR-
45 ING OR BOTH. IF A HEARING IS DEMANDED, THE COMMISSIONER SHALL FIX A DATE
46 FOR A HEARING NOT SOONER THAN FIFTEEN DAYS NOR LATER THAN THIRTY DAYS
47 AFTER RECEIPT OF THE DEMAND, UNLESS SUCH TIME LIMITATION IS WAIVED BY
48 THE APPLICANT.
49 5. GRANTING OF RENEWAL OF REGISTRATIONS. (A) THE COMMISSIONER SHALL
50 RENEW A REGISTRATION UNLESS HE OR SHE DETERMINES AND FINDS THAT THE
51 APPLICANT:
52 (I) IS UNLIKELY TO MAINTAIN OR BE ABLE TO MAINTAIN EFFECTIVE CONTROL
53 AGAINST DIVERSION; OR
54 (II) IS UNLIKELY TO COMPLY WITH ALL STATE LAWS APPLICABLE TO THE
55 ACTIVITIES IN WHICH IT MAY ENGAGE UNDER THE REGISTRATION.
A. 7542 10
1 (B) FOR PURPOSES OF THIS SECTION, PROOF THAT A REGISTERED ORGANIZA-
2 TION, DURING THE PERIOD OF ITS REGISTRATION, HAS FAILED TO MAINTAIN
3 EFFECTIVE CONTROL AGAINST DIVERSION OR HAS KNOWINGLY OR NEGLIGENTLY
4 FAILED TO COMPLY WITH APPLICABLE STATE LAWS RELATING TO THE ACTIVITIES
5 IN WHICH IT ENGAGES UNDER THE REGISTRATION, SHALL CONSTITUTE SUBSTANTIAL
6 EVIDENCE THAT THE APPLICANT WILL BE UNLIKELY TO MAINTAIN EFFECTIVE
7 CONTROL AGAINST DIVERSION OR WILL BE UNLIKELY TO COMPLY WITH THE APPLI-
8 CABLE STATE STATUTES DURING THE PERIOD OF PROPOSED RENEWAL.
9 6. THE DEPARTMENT MAY SUSPEND OR TERMINATE THE REGISTRATION OF A
10 REGISTERED ORGANIZATION, ON GROUNDS AND USING PROCEDURES UNDER THIS
11 ARTICLE RELATING TO A LICENSE, TO THE EXTENT CONSISTENT WITH THIS TITLE.
12 S 3366. REPORTS BY REGISTERED ORGANIZATIONS. THE COMMISSIONER SHALL,
13 BY REGULATION, REQUIRE EACH REGISTERED ORGANIZATION THAT SELLS, DELIVERS
14 OR DISTRIBUTES MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR DESIGNATED
15 CAREGIVER TO FILE REPORTS OF ALL SUCH SALES, DELIVERIES OR DISTRIBUTIONS
16 BY THE REGISTERED ORGANIZATION DURING A PARTICULAR PERIOD, ON FORMS
17 PROVIDED BY THE DEPARTMENT. REPORTS SHALL BE NOT MORE FREQUENTLY THAN
18 EVERY SIX MONTHS, EXCEPT THAT WITHIN THE FIRST YEAR AFTER THIS TITLE HAS
19 TAKEN EFFECT REPORTS SHALL BE REQUIRED NOT MORE FREQUENTLY THAN EVERY
20 THREE MONTHS. EACH REPORT SHALL INCLUDE FOR EACH SUCH SALE, DELIVERY OR
21 DISTRIBUTION: THE DATE, THE QUANTITY SOLD, DELIVERED OR DISTRIBUTED; THE
22 NAME AND ADDRESS OF THE CERTIFYING PRACTITIONER; AND THE NAME, ADDRESS
23 AND REGISTRY IDENTIFICATION NUMBER OF THE CERTIFIED PATIENT AND THE
24 DESIGNATED CAREGIVER (IF ANY).
25 S 3367. FEDERAL AUTHORITY; REGISTERED ORGANIZATION IMPLEMENTATION AND
26 EFFECT. 1. THE COMMISSIONER SHALL APPLY TO THE UNITED STATES GOVERNMENT
27 FOR PERMISSION TO IMPLEMENT SECTIONS THIRTY-THREE HUNDRED SIXTY-FOUR,
28 THIRTY-THREE HUNDRED SIXTY-FIVE AND THIRTY-THREE HUNDRED SIXTY-SIX OF
29 THIS TITLE.
30 2. SECTIONS THIRTY-THREE HUNDRED SIXTY-FOUR, THIRTY-THREE HUNDRED
31 SIXTY-FIVE AND THIRTY-THREE HUNDRED SIXTY-SIX OF THIS TITLE SHALL BE
32 IMPLEMENTED ONLY UPON (I) RECEIPT OF SUCH PERMISSION FROM AN APPROPRIATE
33 AGENCY OF THE UNITED STATES GOVERNMENT ADVISING THAT THE IMPLEMENTATION
34 OF SUCH SECTIONS SHALL BE LAWFUL UNDER FEDERAL LAW, OR (II) A CHANGE IN
35 FEDERAL LAW THAT PERMITS SUCH SECTIONS TO BE IMPLEMENTED WITHOUT ANY
36 VIOLATION OF FEDERAL LAW. WITHIN ONE YEAR AFTER SUCH PERMISSION IS
37 RECEIVED OR SUCH CHANGE IN FEDERAL LAW IS ENACTED AND TAKES EFFECT, THE
38 DEPARTMENT SHALL PROMULGATE SUCH RULES AND REGULATIONS AS NECESSARY TO
39 IMPLEMENT SUCH SECTIONS. IMPLEMENTATION OF SUCH SECTIONS SHALL COMMENCE
40 ON A DATE DETERMINED BY THE COMMISSIONER, WITH NOT LESS THAN TWO MONTHS
41 PUBLIC NOTICE.
42 S 3368. EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT. 1. THE
43 COMMISSIONER MAY PROVIDE FOR THE ANALYSIS AND EVALUATION OF THE OPERA-
44 TION OF THIS TITLE. THE COMMISSIONER MAY ENTER INTO AGREEMENTS WITH ONE
45 OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS OR OTHER ORGANIZATIONS, FOR
46 THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTATION AND EFFECTIVENESS
47 OF THIS TITLE.
48 2. THE DEPARTMENT MAY DEVELOP, SEEK ANY NECESSARY FEDERAL APPROVAL
49 FOR, AND CARRY OUT RESEARCH PROGRAMS RELATING TO MEDICAL USE OF MARIHUA-
50 NA. PARTICIPATION IN ANY SUCH RESEARCH PROGRAM SHALL BE VOLUNTARY ON
51 THE PART OF PRACTITIONERS, PATIENTS, AND DESIGNATED CAREGIVERS.
52 3. THE DEPARTMENT SHALL REPORT EVERY TWO YEARS, BEGINNING ONE YEAR
53 AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA-
54 TURE ON THE MEDICAL USE OF MARIHUANA UNDER THIS TITLE AND MAKE APPROPRI-
55 ATE RECOMMENDATIONS.
A. 7542 11
1 S 3369. RELATION TO OTHER LAWS. 1. THE PROVISIONS OF THIS ARTICLE
2 SHALL APPLY TO THIS TITLE, EXCEPT THAT WHERE A PROVISION OF THIS TITLE
3 CONFLICTS WITH ANOTHER PROVISION OF THIS ARTICLE, THIS TITLE SHALL
4 APPLY.
5 2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE OR PROHIBIT AN
6 INSURER OR HEALTH PLAN UNDER THE INSURANCE LAW OR THE PUBLIC HEALTH LAW
7 TO PROVIDE COVERAGE FOR MEDICAL MARIHUANA. NOTHING IN THIS TITLE SHALL
8 BE CONSTRUED TO REQUIRE COVERAGE FOR MEDICAL MARIHUANA UNDER ARTICLE
9 TWENTY-FIVE OF THIS CHAPTER OR ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
10 3. A PERSON OR ENTITY SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL
11 LIABILITY OR PROFESSIONAL DISCIPLINE FOR ACTING REASONABLY AND IN GOOD
12 FAITH PURSUANT TO THIS TITLE.
13 S 3. Section 853 of the general business law is amended by adding a
14 new subdivision 3 to read as follows:
15 3. THIS ARTICLE SHALL NOT APPLY TO ANY SALE, FURNISHING OR POSSESSION
16 WHICH IS FOR A LAWFUL PURPOSE UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE
17 OF THE PUBLIC HEALTH LAW.
18 S 4. This act shall take effect sixty days after it shall become a
19 law; provided that the commissioner of health may make regulations and
20 issue forms provided for in this act before such effective date, except
21 that regulations necessary to implement sections 3364, 3365 and 3366 of
22 the public health law, as added by section two of this act, shall not be
23 promulgated except as set forth in section 3367 of the public health
24 law, as added by section two of this act.
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