A06357 Summary:

BILL NO    A06357A

SAME AS    SAME AS S04406-A

SPONSOR    Gottfried (MS)

COSPNSR    Lupardo, Cahill, Clark, Cymbrowitz, Dinowitz, Hevesi, Lavine, Paulin,
           Peoples-Stokes, Rosenthal, Titone, Arroyo, Bronson, Brook-Krasny,
           Cook, Crespo, DenDekker, Fahy, Jaffee, Kavanagh, Lifton, O'Donnell,
           Otis, Rivera, Roberts, Skartados, Steck, Weprin, Zebrowski,
           Sepulveda, Katz

MLTSPNSR   Abinanti, Aubry, Braunstein, Brennan, Buchwald, Farrell, Galef,
           Glick, Hikind, Jacobs, Kellner, Magee, Markey, McDonald, Millman,
           Mosley, Moya, Perry, Pretlow, Robinson, Rodriguez, Scarborough,
           Schimel, Sweeney, Weisenberg, Wright

Add Art 33 Title 5-A SS3360 - 3369-b, amd S3343-a, Pub Health L; add Art 20-B
S490, Tax L; amd S853, Gen Bus L; amd S221.00, Pen L

Legalizes the possession, acquisition, use, delivery, transfer, transport or
administration of medical marihuana by a certified patient or designated
caregiver for a certified medical use; prescribes procedures for such
possession, acquisition, etc. including certification of patients by their
practitioner, and that, in the practitioner's professional judgment, the
serious condition should be treated with the medical use of marihuana; provides
that possession or acquisition of marihuana shall be lawful under these
provisions provided that the marihuana possessed does not exceed a total
aggregate weight of two and a half ounces; directs the department of health to
monitor such use and promulgate rules and regulations for registry
identification cards; provides for reports by the department of health to the
governor and legislature on the medical use of marihuana.
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A06357 Actions:

BILL NO    A06357A

03/26/2013 referred to health
04/16/2013 reported referred to codes
04/30/2013 reported referred to ways and means
05/29/2013 reported 
05/31/2013 advanced to third reading cal.477
06/03/2013 passed assembly
06/03/2013 delivered to senate
06/03/2013 REFERRED TO HEALTH
06/17/2013 recalled from senate
06/17/2013 RETURNED TO ASSEMBLY
06/17/2013 vote reconsidered - restored to third reading
06/17/2013 amended on third reading 6357a
01/08/2014 referred to health
01/14/2014 reported referred to codes
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A06357 Votes:

A06357 06/03/2013 99/41
AbbateYColtonNOGarbariNOKearnsYMillmanYRiveraYStevensAB
AbinantYCookYGibsonERKellnerYMontesaNORobertsYStirpeY
ArroyoYCorwinNOGiglioNOKimYMorelleYRobinsoYSweeneyY
AubryYCrespoYGjonajYKolbNOMosleyYRodriguYTediscoNO
BarclayNOCrouchNOGlickYLalorYMoyaYRosaYTenneyNO
BarrettYCurranYGoldfedNOLavineYNojayNORosenthYThieleNO
BarronERCusickNOGoodellNOLentolYNolanYRozicYTitoneY
BenedetYCymbrowYGottfriYLiftonYOaksNORussellNOTitusY
BlankenNODenDekkYGrafNOLopezNOO'DonneYRyanYWalterY
BorelliNODinowitYGuntherYLupardoYOrtizNOSaladinNOWeinsteY
BoylandYDiPietrNOHawleyNOLupinacYOtisYSantabaYWeisenbY
BraunstYDupreyNOHeastieYMageeYPalmesaNOScarborYWeprinY
BrennanYEnglebrYHennessYMagnareYPaulinYSchimelYWrightY
BrindisYEspinalYHevesiYMaiselERPeoplesYSchimmiYZebrowsY
BronsonYFahyYHikindYMalliotNOPerryYSepulveYMr SpkrY
Brook-KERFarrellYHooperERMarkeyYPretlowYSimanowY
BuchwalYFinchNOJacobsYMayerYQuartYSimotasY
ButlerNOFitzpatNOJaffeeYMcDonalYRaNOSkartadY
CahillYFriendNOJohnsNOMcDonouNORabbittNOSkoufisY
CamaraERGabryszYJordanNOMcKevitNORaiaYSolagesY
CerettoYGalefYKatzYMcLaughNORamosYStecNO
ClarkYGanttYKavanagYMillerYReilichNOSteckY

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A06357 Memo:

BILL NUMBER:A6357A

TITLE OF BILL:  An act to amend the public health law, the tax law, the
general business law and the penal law, in relation to medical use of
marihuana

PURPOSE:

This would allow certified patients to use marihuana to treat a serious
illness under medical supervision.

SUMMARY OF SPECIFIC PROVISIONS:

This would allow medical use of marihuana under a health care practi-
tioner's care, for patients with cancer and other severe debilitating or
life-threatening conditions.  The bill would set up a tightly regulated
and controlled medical marihuana system.

A practitioner (licensed physician, physician assistant, or nurse prac-
titioner) could certify that a patient has a severe debilitating or
life-threatening condition that can and should be treated with the
medical use of marihuana. Certified patients would register with the
Health Department. Certifying and dispensing medical marihuana would be
included in the 1-STOP system for controlled substances enacted in 2012.

The Health Department would license and regulate "registered organiza-
tions" to produce and dispense medical marihuana for certified
patients.They could be hospitals, for-profit businesses, or not-for-pro-
fit corporations. They would be required to comply with detailed "seed
to sale" security controls and regulations. A clinical 'advisory commit-
tee made up predominately of health care professionals would advise the
Health Commissioner on clinical matters.

The bill would impose an excise tax on manufacturing and dispensing
medical marihuana. Fifty percent or the revenue (divided equally between
the relevant County and City or Town) would be shared with the locality
where it is manufactured or dispensed. Five percent of New York State's
share of the half of the revenue would be transferred to the Office of
Alcoholism and Substance Abuse Services for additional thud abuse
prevention, counseling and treatment services.

JUSTIFICATION:

Thousands of New Yorkers have serious medical conditions that may bene-
fit from medical use of marihuana. The National Academy of Sciences'
Institute of Medicine concluded in a 1999 report that "nausea, appetite
loss, pain and anxiety all can be mitigated by marijuana." Doctors and
patients have documented that marihuana can be an effective treatment
where other medications have failed - for at least some patients who
suffer from HIV/AIDS, cancer, epilepsy, multiple sclerosis, and other
life-threatening or debilitating conditions.

Although for many patients other drugs may be more effective than mari-
huana, the Institute of Medicine noted that "there will likely always be
a subpopulation of patients who do not respond well to other medica-
tions," Medical marihuana must be available to those patients.

The active ingredient in marihuana, THC, has been approved for medical
use by the Federal Food and Drug Administration and the Drug Enforcement
Agency since-1986 in synthetic pill form. But consuming it in natural
form - which many physicians say is more effective continues to be ille-
gal. In an editorial in the January 30, 1997 New England Journal of
Medicine, Dr. Jerome P. Massirer, editor of the Journal, explained that
inhaling THC is more effective than taking the synthetic pill: "smoking
marijuana produces a rapid increase in the blood level of the active
ingredients and is thus more likely to be therapeutic." It also enables
tighter control of the amount ingested. According to the institute of
Medicine, "it is well recognized that (the) oral route of administration
hampers its effectiveness because of slow absorption and patients'
desire for more control over dosing."

Legalizing the medical use of effective medicine does not undermine the
message that nonmedical use of illegal drugs is wrong.

Many controlled substances that are legal for medical use (such as
morphine, Valium and steroids) are otherwise illegal. In the same New
England Journal of Medicine editorial, Dr. Kassirer argued that "it is
also hypocritical to forbid physicians to prescribe marijuana while
permitting them to use morphine and meoeridine to relieve extreme dysp-
nea and pain."

The bill amends the Public Health Law rather than the Penal Law because
the Penal Law's controlled substances provisions ail relate back to the
Public Health Law. Thus, all the acts that the bill makes lawful under
the Public Health Law would, by definition, be legal under the Penal
Law,

PRIOR LEGISLATIVE HISTORY:

1997-98 A.6407 - referred to Health
1999-00 : A.8082 - referred to Health
2001-02 A.5878 - referred to Health
2003: A.5796 - reported to Rules
2004: A.57960-A - reported to Rules
2005-06: A.8265 - reported to Rules
2007: 48678 - passed the Assembly
2008: A.4867- passed the Assembly
2009: A.7542: advanced to 3rd reading
2010: A.7542; referred to Health
2011: A.7347: referred to Rules
2012:A7347-B: passed the Assembly
2013: A6357: passed the Assembly

FISCAL IMPLICATIONS:

Substantial revenue would be raised by an excise tax on medical marihua-
na, plus administrative fees. Minimal administrative expenses.

EFFECTIVE DATE:

Immediately.
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A06357 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        6357--A
                                                               Cal. No. 477

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                    March 26, 2013
                                      ___________

       Introduced  by  M.  of A. GOTTFRIED, LUPARDO, CAHILL, CLARK, CYMBROWITZ,
         DINOWITZ, HEVESI, LAVINE, PAULIN, PEOPLES-STOKES,  ROSENTHAL,  STEVEN-
         SON,  TITONE,  ARROYO,  BOYLAND,  BRONSON, BROOK-KRASNY, COOK, CRESPO,
         DenDEKKER, ESPINAL, FAHY, JAFFEE, KAVANAGH, LIFTON,  O'DONNELL,  OTIS,
         RIVERA,  ROBERTS, SKARTADOS, STECK, WEPRIN, ZEBROWSKI, SEPULVEDA, KATZ
         -- Multi-Sponsored by -- M. of A. ABINANTI, AUBRY,  BRAUNSTEIN,  BREN-
         NAN,  BUCHWALD, FARRELL, GALEF, GLICK, HIKIND, JACOBS, KELLNER, MAGEE,
         MAISEL, MARKEY,  McDONALD,  MILLMAN,  MOSLEY,  MOYA,  PERRY,  PRETLOW,
         ROBINSON, RODRIGUEZ, SCARBOROUGH, SCHIMEL, SWEENEY, WEISENBERG, WRIGHT
         --  read  once and referred to the Committee on Health -- reported and
         referred to the Committee on Codes -- reported  and  referred  to  the
         Committee on Ways and Means -- passed by Assembly and delivered to the
         Senate,  recalled  from  the  Senate, vote reconsidered, bill amended,
         ordered reprinted, retaining its place on the order of third reading

       AN ACT to amend the public health law, the tax law, the general business
         law and the penal 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 medical use of controlled substances  in
   10  health  care,  including palliative care. This legislation establishes a
   11  medical model of care which regulates medical marihuana as a recommended
   12  medicine in keeping with recognized medical  public  health  and  safety
   13  standards.  This  policy and this legislation do not in any way diminish

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01604-08-3
       A. 6357--A                          2

    1  New York state's strong public policy and laws against illegal drug use,
    2  nor should it be deemed in any manner to advocate,  authorize,  promote,
    3  or  legally  or  socially  accept  the  use of marihuana for children or
    4  adults,  for  any  non-medical  use.  This legislation is an appropriate
    5  exercise of the state's legislative power to protect the health  of  its
    6  people  under  article 17 of the state constitution and the tenth amend-
    7  ment of the United States  constitution.  Furthermore,  the  legislature
    8  finds  that  New  York  state has a significant and ongoing economic and
    9  non-regulatory interest in the financial viability of organizations that
   10  sell marihuana for medical use. The legislature finds that the financial
   11  viability of such organizations would be greatly diminished and  threat-
   12  ened  by  labor-management conflict, such as a strike at a facility that
   13  cultivates marihuana, especially because of the need for enhanced  secu-
   14  rity  concerning  the  products.  Replacements  during a strike would be
   15  difficult to arrange and cause delay far more significant than a  strike
   16  elsewhere.  Accordingly,  the  legislature  finds  that  the state has a
   17  substantial and compelling proprietary  interest  in  this  matter,  and
   18  finds  that  labor  peace  is  essential for any organization to conduct
   19  business relating to the sale of medical marihuana.
   20    It is the legislative intent that this act be implemented consistently
   21  with these findings and principles, through a  reasonable  and  workable
   22  system  with  appropriate oversight; strong "seed to sale" regulation to
   23  prevent diversion, abuse, and other illegal conduct;  reasonable  access
   24  to and appropriate use of medical marihuana by certified patients; eval-
   25  uation; and continuing research.
   26    S  2.  Article  33 of the public health law is amended by adding a new
   27  title 5-A to read as follows:
   28                                  TITLE V-A
   29                          MEDICAL USE OF MARIHUANA
   30  SECTION 3360.   DEFINITIONS.
   31          3361.   CERTIFICATION OF PATIENTS.
   32          3362.   LAWFUL MEDICAL USE.
   33          3363.   REGISTRY IDENTIFICATION CARDS.
   34          3364.   REGISTERED ORGANIZATIONS.
   35          3365.   REGISTERING OF REGISTERED ORGANIZATIONS.
   36          3366.   REPORTS BY REGISTERED ORGANIZATIONS.
   37          3367.   EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
   38          3368.   RELATION TO OTHER LAWS.
   39          3369.   PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA.
   40          3369-A. REGULATIONS.
   41          3369-B. SEVERABILITY.
   42    S 3360. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS  SHALL
   43  HAVE  THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
   44  WISE:
   45    1. "CERTIFIED MEDICAL USE" MEANS  THE  ACQUISITION,  POSSESSION,  USE,
   46  DELIVERY,  TRANSFER,  TRANSPORTATION, OR ADMINISTRATION OF MEDICAL MARI-
   47  HUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR USE AS PART  OF
   48  THE  TREATMENT OF THE PATIENT'S SERIOUS CONDITION SPECIFIED IN A CERTIF-
   49  ICATION UNDER SECTION THIRTY-THREE  HUNDRED  SIXTY-ONE  OF  THIS  TITLE,
   50  INCLUDING  ENABLING  THE  PATIENT  TO TOLERATE TREATMENT FOR THE SERIOUS
   51  CONDITION.
   52    2. "CARING FOR" MEANS TREATING OR COUNSELING A PATIENT, IN THE  COURSE
   53  OF  WHICH  THE  PRACTITIONER  HAS  COMPLETED  A  FULL  ASSESSMENT OF THE
   54  PATIENT'S MEDICAL HISTORY AND CURRENT MEDICAL CONDITION.
   55    3. "CERTIFIED PATIENT" MEANS A PATIENT WHO IS CERTIFIED UNDER  SECTION
   56  THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
       A. 6357--A                          3

    1    4.   "CERTIFICATION"   MEANS   A  CERTIFICATION,  MADE  UNDER  SECTION
    2  THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
    3    5.  "DESIGNATED CAREGIVER" MEANS THE INDIVIDUAL DESIGNATED BY A CERTI-
    4  FIED PATIENT IN A REGISTRY APPLICATION.
    5    6. "PUBLIC PLACE" MEANS A PUBLIC PLACE AS DEFINED IN SECTION 240.00 OF
    6  THE PENAL LAW, A MOTOR VEHICLE AS DEFINED IN SECTION ONE  HUNDRED  TWEN-
    7  TY-FIVE  OF  THE  VEHICLE  AND  TRAFFIC  LAW,  AN AIRCRAFT AS DEFINED IN
    8  SECTION TWO HUNDRED FORTY OF THE GENERAL BUSINESS LAW  OR  A  VESSEL  AS
    9  DEFINED IN SECTION TWO OF THE NAVIGATION LAW.
   10    7. "SERIOUS CONDITION" MEANS A SEVERE DEBILITATING OR LIFE-THREATENING
   11  CONDITION,  INCLUDING,  BUT  NOT  LIMITED TO, CANCER, GLAUCOMA, POSITIVE
   12  STATUS FOR HUMAN IMMUNODEFICIENCY VIRUS OR  ACQUIRED  IMMUNE  DEFICIENCY
   13  SYNDROME, PARKINSON'S DISEASE, MULTIPLE SCLEROSIS, DAMAGE TO THE NERVOUS
   14  TISSUE  OF  THE  SPINAL  CORD  WITH OBJECTIVE NEUROLOGICAL INDICATION OF
   15  INTRACTABLE SPASTICITY, EPILEPSY, CACHEXIA,  WASTING  SYNDROME,  CROHN'S
   16  DISEASE,  POST-TRAUMATIC  STRESS DISORDER, NEUROPATHY, ARTHRITIS, LUPUS,
   17  AND DIABETES, OR A CONDITION ASSOCIATED WITH OR A COMPLICATION OF SUCH A
   18  CONDITION OR ITS TREATMENT SUBJECT TO LIMITATION IN  REGULATION  OF  THE
   19  COMMISSIONER.
   20    8. "MEDICAL MARIHUANA" MEANS MARIHUANA AS DEFINED IN SUBDIVISION TWEN-
   21  TY-ONE  OF SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE INTENDED FOR
   22  A CERTIFIED MEDICAL USE.
   23    9. "REGISTERED ORGANIZATION" MEANS  A  REGISTERED  ORGANIZATION  UNDER
   24  SECTIONS   THIRTY-THREE  HUNDRED  SIXTY-FOUR  AND  THIRTY-THREE  HUNDRED
   25  SIXTY-FIVE OF THIS TITLE.
   26    10. "REGISTRY APPLICATION" MEANS AN APPLICATION PROPERLY COMPLETED AND
   27  FILED  WITH  THE  DEPARTMENT  BY  A  CERTIFIED  PATIENT  UNDER   SECTION
   28  THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
   29    11.  "REGISTRY IDENTIFICATION CARD" MEANS A DOCUMENT THAT IDENTIFIES A
   30  CERTIFIED PATIENT OR DESIGNATED CAREGIVER,  AS  PROVIDED  UNDER  SECTION
   31  THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
   32    12.  "PRACTITIONER" MEANS A PRACTITIONER WHO IS A PHYSICIAN, PHYSICIAN
   33  ASSISTANT, OR  NURSE  PRACTITIONER,  ACTING  WITHIN  THE  PRACTITIONER'S
   34  LAWFUL SCOPE OF PRACTICE.
   35    13.  "TERMINALLY ILL" MEANS AN INDIVIDUAL HAS A MEDICAL PROGNOSIS THAT
   36  THE INDIVIDUAL'S LIFE EXPECTANCY IS APPROXIMATELY ONE YEAR  OR  LESS  IF
   37  THE ILLNESS RUNS ITS NORMAL COURSE.
   38    14. "LABOR PEACE AGREEMENT" MEANS AN AGREEMENT BETWEEN AN ENTITY AND A
   39  LABOR  ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S PROPRIETARY
   40  INTERESTS BY PROHIBITING LABOR ORGANIZATIONS AND MEMBERS  FROM  ENGAGING
   41  IN PICKETING, WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFER-
   42  ENCE WITH THE REGISTERED ORGANIZATION'S BUSINESS.
   43    S 3361. CERTIFICATION OF PATIENTS. 1. A PATIENT CERTIFICATION MAY ONLY
   44  BE  ISSUED IF A PRACTITIONER WHO IS CARING FOR THE PATIENT FOR A SERIOUS
   45  CONDITION CERTIFIES THAT: (A) THE PATIENT HAS A SERIOUS CONDITION, WHICH
   46  SHALL BE SPECIFIED IN THE PATIENT'S HEALTH CARE RECORD; (B) THE  PATIENT
   47  IS  UNDER  THE PRACTITIONER'S CARE FOR THE SERIOUS CONDITION; AND (C) IN
   48  THE PRACTITIONER'S  PROFESSIONAL  OPINION,  THE  PATIENT  IS  LIKELY  TO
   49  RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE PRIMARY OR ADJUNCTIVE
   50  TREATMENT WITH MEDICAL USE OF MARIHUANA FOR THE SERIOUS CONDITION.
   51    2.  THE  CERTIFICATION  SHALL  BE IN WRITING AND INCLUDE (A) THE NAME,
   52  DATE OF BIRTH AND ADDRESS OF THE  PATIENT;  (B)  A  STATEMENT  THAT  THE
   53  PATIENT HAS A SERIOUS CONDITION; THE PATIENT IS UNDER THE PRACTITIONER'S
   54  CARE  FOR  THE SERIOUS CONDITION AND, IN THE PRACTITIONER'S PROFESSIONAL
   55  OPINION, THE PATIENT IS LIKELY  TO  RECEIVE  THERAPEUTIC  OR  PALLIATIVE
   56  BENEFIT  FROM  THE  PRIMARY  OR ADJUNCTIVE TREATMENT WITH MEDICAL USE OF
       A. 6357--A                          4

    1  MARIHUANA FOR THE SERIOUS CONDITION; (C) THE DATE;  AND  (D)  THE  NAME,
    2  ADDRESS,  FEDERAL  REGISTRATION  NUMBER, TELEPHONE NUMBER, AND THE HAND-
    3  WRITTEN SIGNATURE OF THE CERTIFYING PRACTITIONER.  THE COMMISSIONER  MAY
    4  REQUIRE BY REGULATION THAT THE CERTIFICATION SHALL BE ON A FORM PROVIDED
    5  BY  THE DEPARTMENT IF THE COMMISSIONER DETERMINES THAT THE DEPARTMENT IS
    6  MAKING CERTIFICATION FORMS ADEQUATELY AVAILABLE.  THE  PRACTITIONER  MAY
    7  STATE  IN  THE  CERTIFICATION  THAT,  IN THE PRACTITIONER'S PROFESSIONAL
    8  OPINION THE PATIENT WOULD BENEFIT FROM MEDICAL MARIHUANA  ONLY  UNTIL  A
    9  SPECIFIED DATE. THE PRACTITIONER MAY STATE IN THE CERTIFICATION THAT, IN
   10  THE  PRACTITIONER'S  PROFESSIONAL  OPINION THE PATIENT IS TERMINALLY ILL
   11  AND THAT THE CERTIFICATION SHALL NOT EXPIRE UNTIL THE PATIENT DIES.
   12    3. THE PRACTITIONER SHALL GIVE  THE  CERTIFICATION  TO  THE  CERTIFIED
   13  PATIENT, AND PLACE A COPY IN THE PATIENT'S HEALTH CARE RECORD.
   14    4.  NO PRACTITIONER SHALL ISSUE A CERTIFICATION UNDER THIS SECTION FOR
   15  HIMSELF OR HERSELF.
   16    5. A REGISTRY IDENTIFICATION  CARD  BASED  ON  A  CERTIFICATION  SHALL
   17  EXPIRE  ONE YEAR AFTER THE DATE THE CERTIFICATION IS SIGNED BY THE PRAC-
   18  TITIONER; EXCEPT THAT WHERE A CERTIFIED PATIENT HAS A REGISTRY IDENTIFI-
   19  CATION CARD BASED ON A CURRENT VALID CERTIFICATION, A NEW REGISTRY IDEN-
   20  TIFICATION CARD BASED ON A NEW CERTIFICATION SHALL EXPIRE ONE YEAR AFTER
   21  THE EXPIRATION OF THE REGISTRY IDENTIFICATION CARD BASED ON THE  CURRENT
   22  VALID CERTIFICATION. HOWEVER,
   23    (A) IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT, IN THE PRAC-
   24  TITIONER'S  PROFESSIONAL OPINION, THE PATIENT WOULD BENEFIT FROM MEDICAL
   25  MARIHUANA ONLY UNTIL A SPECIFIED EARLIER DATE, THEN THE  REGISTRY  IDEN-
   26  TIFICATION CARD SHALL EXPIRE ON THAT DATE;
   27    (B)  IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT IN THE PRAC-
   28  TITIONER'S PROFESSIONAL OPINION THE PATIENT IS TERMINALLY ILL  AND  THAT
   29  THE  CERTIFICATION  SHALL  NOT  EXPIRE  UNTIL THE PATIENT DIES, THEN THE
   30  REGISTRY IDENTIFICATION CARD SHALL STATE THAT THE PATIENT IS  TERMINALLY
   31  ILL  AND  THAT  THE REGISTRATION CARD SHALL NOT EXPIRE UNTIL THE PATIENT
   32  DIES; AND
   33    (C) IF THE PRACTITIONER RE-ISSUES THE CERTIFICATION TO  TERMINATE  THE
   34  CERTIFICATION  ON AN EARLIER DATE, THEN THE REGISTRY IDENTIFICATION CARD
   35  SHALL EXPIRE ON THAT DATE AND SHALL BE PROMPTLY RETURNED BY  THE  CERTI-
   36  FIED PATIENT TO THE DEPARTMENT.
   37    S  3362.  LAWFUL  MEDICAL  USE.  1.  THE POSSESSION, ACQUISITION, USE,
   38  DELIVERY, TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF  MEDICAL  MARI-
   39  HUANA  BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER POSSESSING A VALID
   40  REGISTRY IDENTIFICATION CARD, FOR CERTIFIED MEDICAL USE, SHALL BE LAWFUL
   41  UNDER THIS TITLE; PROVIDED THAT:
   42    (A) THE MARIHUANA THAT MAY BE POSSESSED BY A  CERTIFIED  PATIENT  DOES
   43  NOT  EXCEED A TOTAL AGGREGATE WEIGHT OF TWO AND ONE-HALF OUNCES OF MARI-
   44  HUANA; AND
   45    (B) THE MARIHUANA THAT MAY BE POSSESSED BY A DESIGNATED CAREGIVER DOES
   46  NOT EXCEED THE QUANTITIES REFERRED TO IN PARAGRAPH (A) OF THIS  SUBDIVI-
   47  SION FOR EACH CERTIFIED PATIENT FOR WHOM THE CAREGIVER POSSESSES A VALID
   48  REGISTRY IDENTIFICATION CARD, UP TO FIVE CERTIFIED PATIENTS.
   49    2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION:
   50    (A) POSSESSION OF MARIHUANA SHALL NOT BE LAWFUL UNDER THIS TITLE IF IT
   51  IS CONSUMED, GROWN OR DISPLAYED IN A PUBLIC PLACE;
   52    (B) MEDICAL MARIHUANA MAY NOT BE SMOKED IN ANY PLACE WHERE TOBACCO MAY
   53  NOT BE SMOKED UNDER ARTICLE THIRTEEN-E OF THIS CHAPTER.
   54    3.  IT  SHALL BE LAWFUL UNDER THIS ARTICLE TO GIVE OR DISPOSE OF MARI-
   55  HUANA, OBTAINED UNDER THIS TITLE, FOR  CERTIFIED  MEDICAL  USE,  BETWEEN
   56  CERTIFIED  PATIENTS  AND  OTHER CERTIFIED PATIENTS, AND BETWEEN A DESIG-
       A. 6357--A                          5

    1  NATED CAREGIVER AND THE DESIGNATED CAREGIVER'S CERTIFIED  PATIENT  WHERE
    2  NOTHING  OF  VALUE IS TRANSFERRED IN RETURN, OR TO OFFER TO DO THE SAME.
    3  THIS PROHIBITION ON TRANSFERRING OR OFFERING  TO  TRANSFER  A  THING  OF
    4  VALUE SHALL NOT:
    5    (A) APPLY TO SALE OF MEDICAL MARIHUANA TO OR BY A REGISTERED ORGANIZA-
    6  TION UNDER THIS ARTICLE; NOR
    7    (B)  PREVENT  A DESIGNATED CAREGIVER FROM BEING REIMBURSED FOR REASON-
    8  ABLE COSTS OR ACTIVITIES RELATING TO CARING  FOR  A  CERTIFIED  PATIENT,
    9  INCLUDING,  BUT  NOT  LIMITED  TO, REIMBURSEMENT FOR LEGITIMATE EXPENSES
   10  RELATING TO THE PURCHASE OF MEDICAL MARIHUANA FROM A  REGISTERED  ORGAN-
   11  IZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-SIX OF THIS TITLE.
   12    S  3363. REGISTRY IDENTIFICATION CARDS.  1. THE DEPARTMENT SHALL ISSUE
   13  REGISTRY IDENTIFICATION CARDS  FOR  CERTIFIED  PATIENTS  AND  DESIGNATED
   14  CAREGIVERS.  A  REGISTRY IDENTIFICATION CARD SHALL EXPIRE AS PROVIDED IN
   15  SECTION THIRTY-THREE HUNDRED SIXTY-ONE OF THIS  TITLE  OR  AS  OTHERWISE
   16  PROVIDED  IN  THIS  SECTION. THE DEPARTMENT SHALL BEGIN ISSUING REGISTRY
   17  IDENTIFICATION CARDS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF
   18  THIS SECTION.  THE DEPARTMENT MAY SPECIFY A FORM FOR A REGISTRY APPLICA-
   19  TION,  IN  WHICH  CASE THE DEPARTMENT SHALL PROVIDE THE FORM ON REQUEST,
   20  REPRODUCTIONS OF THE FORM MAY BE USED, AND THE FORM SHALL  BE  AVAILABLE
   21  FOR DOWNLOADING FROM THE DEPARTMENT'S WEBSITE.
   22    2.  TO OBTAIN, AMEND OR RENEW A REGISTRY IDENTIFICATION CARD, A CERTI-
   23  FIED PATIENT OR DESIGNATED CAREGIVER SHALL FILE A  REGISTRY  APPLICATION
   24  WITH  THE  DEPARTMENT.  THE  REGISTRY APPLICATION OR RENEWAL APPLICATION
   25  SHALL INCLUDE:
   26    (A) IN THE CASE OF A CERTIFIED PATIENT, THE ORIGINAL PATIENT'S CERTIF-
   27  ICATION (A NEW WRITTEN CERTIFICATION SHALL BE PROVIDED  WITH  A  RENEWAL
   28  APPLICATION);
   29    (B) IN THE CASE OF A CERTIFIED PATIENT,
   30    (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT;
   31    (II) THE DATE OF THE CERTIFICATION;
   32    (III)  IF  THE  PATIENT  HAS A REGISTRY IDENTIFICATION CARD BASED ON A
   33  CURRENT VALID CERTIFICATION,  THE  REGISTRY  IDENTIFICATION  NUMBER  AND
   34  EXPIRATION DATE OF THAT REGISTRY IDENTIFICATION CARD;
   35    (IV)  THE  SPECIFIED  DATE  UNTIL WHICH THE PATIENT WOULD BENEFIT FROM
   36  MEDICAL MARIHUANA, IF THE CERTIFICATION STATES SUCH A DATE;
   37    (V) THE NAME, ADDRESS,  FEDERAL  REGISTRATION  NUMBER,  AND  TELEPHONE
   38  NUMBER OF THE CERTIFYING PRACTITIONER; AND
   39    (VI)  OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
   40  MENT;
   41    (C) IN THE CASE OF A CERTIFIED PATIENT, IF THE  PATIENT  DESIGNATES  A
   42  DESIGNATED CAREGIVER, THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIG-
   43  NATED  CAREGIVER,  AND OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED
   44  BY THE DEPARTMENT; A CERTIFIED PATIENT MAY DESIGNATE UP  TO  TWO  DESIG-
   45  NATED  CAREGIVERS;  EXCEPT  THAT  A CERTIFIED PATIENT MAY DESIGNATE MORE
   46  THAN TWO CAREGIVERS IF THE ADDITIONAL  CAREGIVERS  ARE  MEMBERS  OF  THE
   47  CERTIFIED PATIENT'S IMMEDIATE FAMILY OR PHYSICAL HOUSEHOLD;
   48    (D) IN THE CASE OF A DESIGNATED CAREGIVER,
   49    (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIGNATED CAREGIVER;
   50    (II)  IF  THE DESIGNATED CAREGIVER HAS A REGISTRY IDENTIFICATION CARD,
   51  THE REGISTRY IDENTIFICATION NUMBER AND EXPIRATION DATE OF THAT  REGISTRY
   52  IDENTIFICATION CARD; AND
   53    (III) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
   54  MENT;
   55    (E)  A  STATEMENT  THAT  A  FALSE STATEMENT MADE IN THE APPLICATION IS
   56  PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW;
       A. 6357--A                          6

    1    (F) THE DATE OF THE APPLICATION AND THE  SIGNATURE  OF  THE  CERTIFIED
    2  PATIENT OR DESIGNATED CAREGIVER, AS THE CASE MAY BE; AND
    3    (G)  A  REASONABLE  APPLICATION  FEE, AS DETERMINED BY THE DEPARTMENT;
    4  PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE THE FEE  IN  CASES  OF
    5  FINANCIAL HARDSHIP.
    6    3. WHERE A CERTIFIED PATIENT IS UNDER THE AGE OF EIGHTEEN:
    7    (A)  THE  APPLICATION FOR A REGISTRY IDENTIFICATION CARD SHALL BE MADE
    8  BY AN APPROPRIATE PERSON OVER TWENTY-ONE YEARS OF AGE.  THE  APPLICATION
    9  SHALL STATE FACTS DEMONSTRATING THAT THE PERSON IS APPROPRIATE.
   10    (B)  THE  DESIGNATED CAREGIVER SHALL BE (I) A PARENT OR LEGAL GUARDIAN
   11  OF THE CERTIFIED PATIENT, (II) A PERSON DESIGNATED BY A PARENT OR  LEGAL
   12  GUARDIAN, OR (III) AN APPROPRIATE PERSON APPROVED BY THE DEPARTMENT UPON
   13  A  SUFFICIENT SHOWING THAT NO PARENT OR LEGAL GUARDIAN IS APPROPRIATE OR
   14  AVAILABLE.
   15    4. NO PERSON MAY BE A DESIGNATED CAREGIVER  IF  THE  PERSON  IS  UNDER
   16  TWENTY-ONE  YEARS  OF  AGE  UNLESS  A  SUFFICIENT SHOWING IS MADE TO THE
   17  DEPARTMENT THAT THE PERSON SHOULD BE PERMITTED TO SERVE AS A  DESIGNATED
   18  CAREGIVER.
   19    5.   NO PERSON MAY BE A DESIGNATED CAREGIVER FOR MORE THAN FIVE CERTI-
   20  FIED PATIENTS AT ONE TIME.
   21    6. THE DEPARTMENT SHALL ISSUE SEPARATE REGISTRY  IDENTIFICATION  CARDS
   22  FOR  CERTIFIED  PATIENTS AND DESIGNATED CAREGIVERS WITHIN THIRTY DAYS OF
   23  RECEIVING A COMPLETE APPLICATION UNDER THIS SECTION,  UNLESS  IT  DETER-
   24  MINES  THAT  THE  APPLICATION  IS  INCOMPLETE OR FACIALLY INACCURATE, IN
   25  WHICH CASE IT SHALL PROMPTLY NOTIFY THE APPLICANT.
   26    7. IF THE APPLICATION OF A CERTIFIED PATIENT DESIGNATES AN  INDIVIDUAL
   27  AS A DESIGNATED CAREGIVER WHO IS NOT AUTHORIZED TO BE A DESIGNATED CARE-
   28  GIVER, THAT PORTION OF THE APPLICATION SHALL BE DENIED BY THE DEPARTMENT
   29  BUT  THAT  SHALL  NOT AFFECT THE APPROVAL OF THE BALANCE OF THE APPLICA-
   30  TION.
   31    8. A REGISTRY IDENTIFICATION CARD SHALL:
   32    (A) CONTAIN THE NAME OF THE CERTIFIED PATIENT OR THE DESIGNATED  CARE-
   33  GIVER AS THE CASE MAY BE;
   34    (B)  CONTAIN  THE DATE OF ISSUANCE AND EXPIRATION DATE OF THE REGISTRY
   35  IDENTIFICATION CARD;
   36    (C) CONTAIN A REGISTRY IDENTIFICATION NUMBER FOR THE CERTIFIED PATIENT
   37  OR DESIGNATED CAREGIVER, AS THE CASE MAY BE AND A  REGISTRY  IDENTIFICA-
   38  TION NUMBER;
   39    (D)  CONTAIN A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE REGISTRY IDEN-
   40  TIFICATION CARD IS BEING ISSUED, WHICH SHALL BE OBTAINED BY THE  DEPART-
   41  MENT IN A MANNER SPECIFIED BY THE COMMISSIONER IN REGULATIONS; PROVIDED,
   42  HOWEVER,  THAT  IF  THE DEPARTMENT REQUIRES CERTIFIED PATIENTS TO SUBMIT
   43  PHOTOGRAPHS FOR THIS PURPOSE, THERE SHALL BE A REASONABLE  ACCOMMODATION
   44  OF  CERTIFIED  PATIENTS  WHO  ARE  CONFINED  TO THEIR HOMES DUE TO THEIR
   45  MEDICAL CONDITIONS AND MAY THEREFORE HAVE  DIFFICULTY  PROCURING  PHOTO-
   46  GRAPHS; AND
   47    (E) BE A SECURE DOCUMENT.
   48    9.  A  CERTIFIED PATIENT OR DESIGNATED CAREGIVER WHO HAS BEEN ISSUED A
   49  REGISTRY IDENTIFICATION CARD SHALL NOTIFY THE DEPARTMENT OF  ANY  CHANGE
   50  IN  HIS OR HER NAME OR ADDRESS OR, WITH RESPECT TO THE PATIENT, OR IF HE
   51  OR SHE CEASES TO HAVE THE SERIOUS CONDITION NOTED ON  THE  CERTIFICATION
   52  WITHIN TEN DAYS OF SUCH CHANGE.
   53    10.  IF  A  CERTIFIED PATIENT OR DESIGNATED CAREGIVER LOSES HIS OR HER
   54  REGISTRY IDENTIFICATION CARD, HE OR SHE SHALL NOTIFY THE DEPARTMENT  AND
   55  SUBMIT  A  TEN DOLLAR FEE WITHIN TEN DAYS OF LOSING THE CARD TO MAINTAIN
   56  THE REGISTRATION.  THE DEPARTMENT MAY ESTABLISH HIGHER FEES FOR  ISSUING
       A. 6357--A                          7

    1  A  NEW  REGISTRY  IDENTIFICATION CARD FOR SECOND AND SUBSEQUENT REPLACE-
    2  MENTS FOR A LOST CARD, PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE
    3  THE FEE IN CASES OF FINANCIAL HARDSHIP.   WITHIN FIVE  DAYS  AFTER  SUCH
    4  NOTIFICATION  AND  PAYMENT,  THE  DEPARTMENT  SHALL ISSUE A NEW REGISTRY
    5  IDENTIFICATION CARD, WHICH MAY CONTAIN  A  NEW  REGISTRY  IDENTIFICATION
    6  NUMBER,  TO  THE  CERTIFIED PATIENT OR DESIGNATED CAREGIVER, AS THE CASE
    7  MAY BE.
    8    11. 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    12.  THE  DEPARTMENT  SHALL  VERIFY TO LAW ENFORCEMENT PERSONNEL IN AN
   16  APPROPRIATE CASE WHETHER A REGISTRY IDENTIFICATION CARD IS VALID.
   17    13. 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 SUSPENDED OR REVOKED.   THIS  IS  IN
   20  ADDITION TO ANY OTHER PENALTY THAT MAY APPLY.
   21    14. (A) REGISTRY IMPLEMENTATION DATE. AS USED IN THIS SUBDIVISION, THE
   22  "REGISTRY IMPLEMENTATION DATE" IS THE DATE DETERMINED BY THE COMMISSION-
   23  ER  WHEN  THE  DEPARTMENT  IS  READY TO RECEIVE AND EXPEDITIOUSLY ACT ON
   24  APPLICATIONS FOR REGISTRY IDENTIFICATION CARDS UNDER THIS SECTION.
   25    (B) ON AND AFTER THE REGISTRY IMPLEMENTATION DATE, UPON RECEIPT OF  AN
   26  APPLICATION  FOR  A  REGISTRY  IDENTIFICATION CARD, THE DEPARTMENT SHALL
   27  SEND TO THE APPLICANT A LETTER ACKNOWLEDGING  SUCH  RECEIPT.  WHILE  THE
   28  APPLICATION FOR A REGISTRY IDENTIFICATION CARD IS PENDING, A COPY OF THE
   29  REGISTRY  APPLICATION, TOGETHER WITH A COPY OF THE CERTIFICATION (IN THE
   30  CASE OF A CERTIFIED PATIENT) AND A COPY OF THE LETTER  OF  RECEIPT  FROM
   31  THE  DEPARTMENT,  SHALL  SERVE AS AND HAVE THE SAME EFFECT AS A REGISTRY
   32  IDENTIFICATION CARD FOR THE CERTIFIED PATIENT OR  DESIGNATED  CAREGIVER,
   33  PROVIDED THAT A CERTIFICATION AND APPLICATION SHALL NOT SERVE AS A VALID
   34  REGISTRY  IDENTIFICATION  CARD AFTER THE INITIAL THIRTY DAY PERIOD UNDER
   35  SUBDIVISION SIX OF THIS SECTION.  THIS PARAGRAPH SHALL EXPIRE  AND  HAVE
   36  NO EFFECT ONE YEAR AFTER THE REGISTRY IMPLEMENTATION DATE.
   37    15.  IF  THE DEPARTMENT FAILS TO BEGIN ISSUING REGISTRY IDENTIFICATION
   38  CARDS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, A
   39  PATIENT'S CERTIFICATION SHALL SERVE AS THE REGISTRY IDENTIFICATION  CARD
   40  FOR BOTH THE PATIENT AND THE PATIENT'S DESIGNATED CAREGIVER.
   41    S  3364.  REGISTERED ORGANIZATIONS. 1. A REGISTERED ORGANIZATION SHALL
   42  BE:
   43    (A) A FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER; OR
   44    (B) A FOR-PROFIT BUSINESS ENTITY OR NOT-FOR-PROFIT CORPORATION  ORGAN-
   45  IZED  FOR  THE PURPOSE OF ACQUIRING, POSSESSING, MANUFACTURING, SELLING,
   46  DELIVERING,  TRANSPORTING,  DISTRIBUTING  OR  DISPENSING  MARIHUANA  FOR
   47  CERTIFIED MEDICAL USE.
   48    2.  THE ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIVERY, TRANSPORT-
   49  ING, DISTRIBUTING OR DISPENSING OF MARIHUANA BY A  REGISTERED  ORGANIZA-
   50  TION  UNDER THIS TITLE IN ACCORDANCE WITH ITS REGISTRATION UNDER SECTION
   51  THIRTY-THREE HUNDRED SIXTY-FIVE OF THIS TITLE OR A RENEWAL THEREOF SHALL
   52  BE LAWFUL UNDER THIS  TITLE.  A  REGISTERED  ORGANIZATION  MAY  TRANSFER
   53  POSSESSION  OF  MARIHUANA  TO, AND MAY RECOVER POSSESSION OF IT FROM, AN
   54  ENTITY LICENSED BY THE DEPARTMENT  UNDER  SECTION  THIRTY-THREE  HUNDRED
   55  TWENTY-FOUR OF THIS TITLE FOR PURPOSES OF CHEMICAL ANALYSIS.
       A. 6357--A                          8

    1    3.  (A)  A  REGISTERED ORGANIZATION MAY LAWFULLY, IN GOOD FAITH, SELL,
    2  DELIVER, DISTRIBUTE OR DISPENSE MEDICAL MARIHUANA TO A CERTIFIED PATIENT
    3  OR DESIGNATED CAREGIVER UPON PRESENTATION TO THE REGISTERED ORGANIZATION
    4  OF A VALID REGISTRY IDENTIFICATION CARD FOR THAT  CERTIFIED  PATIENT  OR
    5  DESIGNATED  CAREGIVER.  WHEN  PRESENTED WITH THE REGISTRY IDENTIFICATION
    6  CARD, THE REGISTERED ORGANIZATION SHALL PROVIDE TO THE CERTIFIED PATIENT
    7  OR DESIGNATED CAREGIVER A RECEIPT, WHICH SHALL STATE: THE NAME, ADDRESS,
    8  AND REGISTRY IDENTIFICATION NUMBER OF THE REGISTERED  ORGANIZATION;  THE
    9  REGISTRY  IDENTIFICATION  NUMBER OF THE CERTIFIED PATIENT AND THE DESIG-
   10  NATED CAREGIVER (IF ANY); THE DATE THE MARIHUANA WAS SOLD; AND THE QUAN-
   11  TITY OF MARIHUANA SOLD. THE REGISTERED ORGANIZATION SHALL RETAIN A  COPY
   12  OF THE REGISTRY IDENTIFICATION CARD AND THE RECEIPT FOR SIX YEARS.
   13    (B)  THE REGISTERED ORGANIZATION SHALL REPORT TO THE DEPARTMENT, UNDER
   14  SECTIONS THIRTY-THREE  HUNDRED  THIRTY-THREE  AND  THIRTY-THREE  HUNDRED
   15  FORTY-THREE-A  OF  THIS ARTICLE, THE INFORMATION REQUIRED TO BE INCLUDED
   16  IN THE RECEIPT UNDER THIS SUBDIVISION.
   17    4.  NO  REGISTERED  ORGANIZATION  MAY  SELL,  DELIVER,  DISTRIBUTE  OR
   18  DISPENSE  TO ANY CERTIFIED PATIENT OR DESIGNATED CAREGIVER A QUANTITY OF
   19  MEDICAL MARIHUANA LARGER  THAN  THAT  INDIVIDUAL  WOULD  BE  ALLOWED  TO
   20  POSSESS UNDER THIS TITLE.
   21    5.  WHEN  A  REGISTERED  ORGANIZATION  SELLS, DELIVERS, DISTRIBUTES OR
   22  DISPENSES MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR  DESIGNATED  CARE-
   23  GIVER,  IT  SHALL PROVIDE TO THAT INDIVIDUAL A SAFETY INSERT, WHICH WILL
   24  BE DEVELOPED AND APPROVED BY THE COMMISSIONER AND INCLUDE,  BUT  NOT  BE
   25  LIMITED TO, INFORMATION ON:
   26    (A) METHODS FOR ADMINISTERING MEDICAL MARIHUANA,
   27    (B)  ANY POTENTIAL DANGERS STEMMING FROM THE USE OF MEDICAL MARIHUANA,
   28  AND
   29    (C) HOW TO RECOGNIZE WHAT MAY BE PROBLEMATIC USAGE OF MEDICAL MARIHUA-
   30  NA AND OBTAIN APPROPRIATE SERVICES OR TREATMENT  FOR PROBLEMATIC USAGE.
   31    6. MANUFACTURING OF MEDICAL MARIHUANA  BY  A  REGISTERED  ORGANIZATION
   32  SHALL  ONLY  BE  DONE IN AN INDOOR, ENCLOSED, SECURE FACILITY, WHICH MAY
   33  INCLUDE A GREENHOUSE.
   34    7. A REGISTERED ORGANIZATION SHALL DETERMINE THE QUALITY, SAFETY,  AND
   35  CLINICAL  STRENGTH OF MEDICAL MARIHUANA MANUFACTURED OR DISPENSED BY THE
   36  REGISTERED ORGANIZATION, AND SHALL PROVIDE DOCUMENTATION OF THAT  QUALI-
   37  TY,  SAFETY AND CLINICAL STRENGTH TO THE DEPARTMENT AND TO ANY PERSON OR
   38  ENTITY TO WHICH THE MEDICAL MARIHUANA IS SOLD OR DISPENSED.
   39    8. A REGISTERED ORGANIZATION SHALL BE DEEMED  TO  BE  A  "HEALTH  CARE
   40  PROVIDER"  FOR  THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAP-
   41  TER.
   42    9. MEDICAL MARIHUANA SHALL BE DISPENSED  TO  A  CERTIFIED  PATIENT  OR
   43  DESIGNATED CAREGIVER IN A SEALED AND PROPERLY LABELED PACKAGE.
   44    S  3365.  REGISTERING  OF REGISTERED ORGANIZATIONS. 1. APPLICATION FOR
   45  INITIAL REGISTRATION. (A) AN APPLICANT FOR REGISTRATION AS A  REGISTERED
   46  ORGANIZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE
   47  SHALL FURNISH TO THE DEPARTMENT A DESCRIPTION OF THE ACTIVITIES IN WHICH
   48  IT  INTENDS  TO  ENGAGE AS A REGISTERED ORGANIZATION AND ANY INFORMATION
   49  THE DEPARTMENT SHALL REASONABLY REQUIRE AND EVIDENCE THAT THE APPLICANT:
   50    (I) AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARACTER;
   51    (II) POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT LAND, BUILDINGS, AND
   52  OTHER PREMISES (WHICH SHALL BE SPECIFIED IN THE APPLICATION) AND  EQUIP-
   53  MENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICATION;
   54    (III)  IS  ABLE  TO MAINTAIN EFFECTIVE SECURITY AND CONTROL TO PREVENT
   55  DIVERSION, ABUSE, AND OTHER ILLEGAL CONDUCT RELATING TO THE MARIHUANA;
       A. 6357--A                          9

    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; AND
    4    (V)  HAS  ENTERED  INTO A LABOR PEACE AGREEMENT WITH A BONA-FIDE LABOR
    5  ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR  ATTEMPTING  TO
    6  REPRESENT  THE  APPLICANT'S EMPLOYEES.   THE MAINTENANCE OF SUCH A LABOR
    7  PEACE AGREEMENT SHALL BE AN ONGOING MATERIAL CONDITION OF CERTIFICATION.
    8    (B) THE APPLICATION SHALL ESTABLISH THE APPLICANT'S STATUS UNDER PARA-
    9  GRAPH (A) OR (B) OF SUBDIVISION  ONE  OF  SECTION  THIRTY-THREE  HUNDRED
   10  SIXTY-FOUR OF THIS TITLE.
   11    (C)  THE  APPLICATION  SHALL  INCLUDE  THE NAME, RESIDENCE ADDRESS AND
   12  TITLE OF EACH OF THE OFFICERS AND DIRECTORS AND THE NAME  AND  RESIDENCE
   13  ADDRESS  OF ANY PERSON OR ENTITY THAT IS A MEMBER OF THE APPLICANT. EACH
   14  SUCH PERSON, IF AN INDIVIDUAL, OR LAWFUL REPRESENTATIVE IF A LEGAL ENTI-
   15  TY, SHALL SUBMIT AN AFFIDAVIT WITH THE APPLICATION SETTING FORTH:
   16    (I) ANY POSITION OF MANAGEMENT OR OWNERSHIP DURING THE  PRECEDING  TEN
   17  YEARS  OF  A  TEN  PER CENTUM OR GREATER INTEREST IN ANY OTHER BUSINESS,
   18  LOCATED IN OR OUTSIDE THIS STATE, MANUFACTURING OR DISTRIBUTING DRUGS;
   19    (II) WHETHER SUCH PERSON OR ANY SUCH BUSINESS HAS BEEN CONVICTED OF  A
   20  FELONY  OR  HAD  A  REGISTRATION  OR LICENSE SUSPENDED OR REVOKED IN ANY
   21  ADMINISTRATIVE OR JUDICIAL PROCEEDING; AND
   22    (III) SUCH  OTHER  INFORMATION  AS  THE  COMMISSIONER  MAY  REASONABLY
   23  REQUIRE.
   24    (D)  THE  APPLICANT  SHALL BE UNDER A CONTINUING DUTY TO REPORT TO THE
   25  DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED IN THE  APPLI-
   26  CATION  OR  ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUMSTANCE WHICH
   27  IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
   28    2. GRANTING OF REGISTRATION. (A) THE COMMISSIONER SHALL GRANT A REGIS-
   29  TRATION OR AMENDMENT TO A REGISTRATION UNDER THIS SECTION IF HE  OR  SHE
   30  IS SATISFIED THAT:
   31    (I)  THE  APPLICANT WILL BE ABLE TO MAINTAIN EFFECTIVE CONTROL AGAINST
   32  DIVERSION OF MARIHUANA;
   33    (II) THE APPLICANT WILL BE ABLE TO COMPLY WITH  ALL  APPLICABLE  STATE
   34  LAWS;
   35    (III)  THE  APPLICANT  AND ITS OFFICERS ARE READY, WILLING AND ABLE TO
   36  PROPERLY CARRY ON THE MANUFACTURING OR DISTRIBUTING ACTIVITY FOR WHICH A
   37  REGISTRATION IS SOUGHT;
   38    (IV) THE APPLICANT POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT  LAND,
   39  BUILDINGS  AND  EQUIPMENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN
   40  THE APPLICATION;
   41    (V) IT IS IN THE PUBLIC INTEREST THAT SUCH REGISTRATION BE GRANTED; IN
   42  THE CASE OF AN APPLICANT UNDER SUBDIVISION ONE OF  SECTION  THIRTY-THREE
   43  HUNDRED  SIXTY-FOUR OF THIS TITLE, THE COMMISSIONER MAY CONSIDER WHETHER
   44  THE NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA WILL  BE  ADEQUATE  OR
   45  EXCESSIVE TO REASONABLY SERVE THE AREA;
   46    (VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
   47  TER; AND
   48    (VII)  THE  APPLICANT  HAS ENTERED INTO A LABOR PEACE AGREEMENT WITH A
   49  BONA-FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR
   50  ATTEMPTING TO REPRESENT THE APPLICANT'S EMPLOYEES.
   51    (B) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT SHOULD  BE
   52  ISSUED  A  REGISTRATION, HE OR SHE SHALL NOTIFY THE APPLICANT IN WRITING
   53  OF THOSE FACTORS UPON WHICH FURTHER EVIDENCE IS REQUIRED. WITHIN  THIRTY
   54  DAYS OF THE RECEIPT OF SUCH NOTIFICATION, THE APPLICANT MAY SUBMIT ADDI-
   55  TIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEARING, OR BOTH.
       A. 6357--A                         10

    1    (C)  THE  FEE FOR A REGISTRATION UNDER THIS SECTION SHALL BE A REASON-
    2  ABLE AMOUNT DETERMINED  BY  THE  DEPARTMENT  IN  REGULATIONS;  PROVIDED,
    3  HOWEVER,  IF  THE  REGISTRATION  IS ISSUED FOR A PERIOD GREATER THAN TWO
    4  YEARS THE FEE SHALL BE INCREASED, PRO RATA, FOR EACH ADDITIONAL MONTH OF
    5  VALIDITY.
    6    (D)  REGISTRATIONS  ISSUED  UNDER THIS SECTION SHALL BE EFFECTIVE ONLY
    7  FOR AND SHALL SPECIFY:
    8    (I) THE NAME AND ADDRESS OF THE REGISTERED ORGANIZATION;
    9    (II) WHICH ACTIVITIES OF A REGISTERED ORGANIZATION  ARE  PERMITTED  BY
   10  THE REGISTRATION;
   11    (III)  THE  LAND,  BUILDINGS  AND  FACILITIES THAT MAY BE USED FOR THE
   12  PERMITTED ACTIVITIES OF THE REGISTERED ORGANIZATION; AND
   13    (IV) SUCH OTHER MATTERS AS THE COMMISSIONER SHALL  REASONABLY  PROVIDE
   14  TO ASSURE COMPLIANCE WITH THIS TITLE.
   15    (E)  UPON APPLICATION OF A REGISTERED ORGANIZATION, A REGISTRATION MAY
   16  BE AMENDED TO ALLOW THE REGISTERED ORGANIZATION TO RELOCATE  WITHIN  THE
   17  STATE  OR  TO ADD OR DELETE PERMITTED REGISTERED ORGANIZATION ACTIVITIES
   18  OR FACILITIES. THE FEE FOR SUCH AMENDMENT SHALL  BE  TWO  HUNDRED  FIFTY
   19  DOLLARS.
   20    3.  A  REGISTRATION  ISSUED  UNDER THIS SECTION SHALL BE VALID FOR TWO
   21  YEARS FROM THE DATE OF ISSUE, EXCEPT THAT IN  ORDER  TO  FACILITATE  THE
   22  RENEWALS  OF  SUCH  REGISTRATIONS, THE COMMISSIONER MAY UPON THE INITIAL
   23  APPLICATION FOR A  REGISTRATION,  ISSUE  SOME  REGISTRATIONS  WHICH  MAY
   24  REMAIN VALID FOR A PERIOD OF TIME GREATER THAN TWO YEARS BUT NOT EXCEED-
   25  ING AN ADDITIONAL ELEVEN MONTHS.
   26    4.  APPLICATIONS  FOR RENEWAL OF REGISTRATIONS. (A) AN APPLICATION FOR
   27  THE RENEWAL OF ANY REGISTRATION ISSUED UNDER THIS SECTION SHALL BE FILED
   28  WITH THE DEPARTMENT NOT MORE THAN SIX MONTHS NOR LESS THAN  FOUR  MONTHS
   29  PRIOR  TO  THE  EXPIRATION  THEREOF.  A  LATE-FILED  APPLICATION FOR THE
   30  RENEWAL OF A REGISTRATION MAY, IN THE DISCRETION OF THE COMMISSIONER, BE
   31  TREATED AS AN APPLICATION FOR AN INITIAL LICENSE.
   32    (B)  THE  APPLICATION  FOR  RENEWAL  SHALL  INCLUDE  SUCH  INFORMATION
   33  PREPARED  IN  THE  MANNER  AND  DETAIL  AS THE COMMISSIONER MAY REQUIRE,
   34  INCLUDING BUT NOT LIMITED TO:
   35    (I) ANY MATERIAL CHANGE IN THE  CIRCUMSTANCES  OR  FACTORS  LISTED  IN
   36  SUBDIVISION ONE OF THIS SECTION; AND
   37    (II)  EVERY KNOWN CHARGE OR INVESTIGATION, PENDING OR CONCLUDED DURING
   38  THE PERIOD OF THE REGISTRATION, BY ANY GOVERNMENTAL AGENCY WITH  RESPECT
   39  TO:
   40    (A)  EACH  INCIDENT  OR ALLEGED INCIDENT INVOLVING THE THEFT, LOSS, OR
   41  POSSIBLE DIVERSION OF  MARIHUANA  MANUFACTURED  OR  DISTRIBUTED  BY  THE
   42  APPLICANT; AND
   43    (B)  COMPLIANCE  BY  THE  APPLICANT  WITH  THE  LAWS OF THE STATE WITH
   44  RESPECT TO ANY SUBSTANCE LISTED IN SECTION THIRTY-THREE HUNDRED  SIX  OF
   45  THIS ARTICLE.
   46    (C)  AN  APPLICANT  FOR  RENEWAL  SHALL  BE UNDER A CONTINUING DUTY TO
   47  REPORT TO THE DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES  REFLECTED
   48  IN  THE APPLICATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUM-
   49  STANCE WHICH IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
   50    (D) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT  IS  ENTI-
   51  TLED TO A RENEWAL OF THE REGISTRATION, HE OR SHE SHALL WITHIN FORTY-FIVE
   52  DAYS AFTER THE FILING OF THE APPLICATION SERVE UPON THE APPLICANT OR HIS
   53  OR  HER  ATTORNEY OF RECORD IN PERSON OR BY REGISTERED OR CERTIFIED MAIL
   54  AN ORDER DIRECTING THE APPLICANT TO SHOW CAUSE WHY HIS OR  HER  APPLICA-
   55  TION FOR RENEWAL SHOULD NOT BE DENIED. THE ORDER SHALL SPECIFY IN DETAIL
       A. 6357--A                         11

    1  THE  RESPECTS  IN WHICH THE APPLICANT HAS NOT SATISFIED THE COMMISSIONER
    2  THAT THE REGISTRATION SHOULD BE RENEWED.
    3    (E)  WITHIN  THIRTY  DAYS  OF SERVICE OF SUCH ORDER, THE APPLICANT MAY
    4  SUBMIT ADDITIONAL MATERIAL TO THE COMMISSIONER OR DEMAND  A  HEARING  OR
    5  BOTH.  IF  A  HEARING  IS DEMANDED THE COMMISSIONER SHALL FIX A DATE FOR
    6  HEARING NOT SOONER THAN FIFTEEN DAYS NOR LATER THAN  THIRTY  DAYS  AFTER
    7  RECEIPT  OF  THE  DEMAND,  UNLESS  SUCH TIME LIMITATION IS WAIVED BY THE
    8  APPLICANT.
    9    5. GRANTING OF RENEWAL OF REGISTRATIONS. (A)  THE  COMMISSIONER  SHALL
   10  RENEW  A  REGISTRATION  UNLESS  HE  OR SHE DETERMINES AND FINDS THAT THE
   11  APPLICANT:
   12    (I) IS UNLIKELY TO MAINTAIN OR BE ABLE TO MAINTAIN  EFFECTIVE  CONTROL
   13  AGAINST DIVERSION; OR
   14    (II)  IS  UNLIKELY  TO  COMPLY  WITH  ALL STATE LAWS APPLICABLE TO THE
   15  ACTIVITIES IN WHICH IT MAY ENGAGE UNDER THE REGISTRATION;
   16    (III) IS AN APPLICANT UNDER SUBDIVISION ONE  OF  SECTION  THIRTY-THREE
   17  HUNDRED  SIXTY-FOUR  OF  THIS  TITLE, IN WHICH CASE THE COMMISSIONER MAY
   18  CONSIDER WHETHER THE NUMBER OF REGISTERED ORGANIZATIONS IN  AN  AREA  IS
   19  ADEQUATE OR EXCESSIVE TO REASONABLY SERVE THE AREA; OR
   20    (IV) HAS EITHER VIOLATED OR TERMINATED ITS LABOR PEACE AGREEMENT.
   21    (B)  FOR  PURPOSES  OF THIS SECTION, PROOF THAT A REGISTERED ORGANIZA-
   22  TION, DURING THE PERIOD OF ITS  REGISTRATION,  HAS  FAILED  TO  MAINTAIN
   23  EFFECTIVE  CONTROL  AGAINST  DIVERSION  OR  HAS KNOWINGLY OR NEGLIGENTLY
   24  FAILED TO COMPLY WITH APPLICABLE STATE LAWS RELATING TO  THE  ACTIVITIES
   25  IN WHICH IT ENGAGES UNDER THE REGISTRATION, SHALL CONSTITUTE SUBSTANTIAL
   26  EVIDENCE  THAT  THE  APPLICANT  WILL  BE  UNLIKELY TO MAINTAIN EFFECTIVE
   27  CONTROL AGAINST DIVERSION OR WILL BE UNLIKELY TO COMPLY WITH THE  APPLI-
   28  CABLE STATE STATUTES DURING THE PERIOD OF PROPOSED RENEWAL.
   29    6.  THE  DEPARTMENT  MAY  SUSPEND  OR  TERMINATE THE REGISTRATION OF A
   30  REGISTERED ORGANIZATION, ON GROUNDS  AND  USING  PROCEDURES  UNDER  THIS
   31  ARTICLE RELATING TO A LICENSE, TO THE EXTENT CONSISTENT WITH THIS TITLE.
   32  THE  DEPARTMENT SHALL SUSPEND OR TERMINATE THE REGISTRATION IN THE EVENT
   33  THAT A REGISTERED ORGANIZATION VIOLATES  OR  TERMINATES  THE  APPLICABLE
   34  LABOR  PEACE AGREEMENT. CONDUCT IN COMPLIANCE WITH THIS TITLE, BUT WHICH
   35  MAY VIOLATE CONFLICTING FEDERAL LAW, SHALL NOT BE GROUNDS TO SUSPEND  OR
   36  TERMINATE A REGISTRATION.
   37    7.  A  REGISTERED  ORGANIZATION  IS  ENTITLED  TO  ALL  OF THE RIGHTS,
   38  PROTECTIONS, AND PROCEDURES PROVIDED TO A LICENSEE UNDER THIS ARTICLE.
   39    8. THE DEPARTMENT SHALL BEGIN  ISSUING  REGISTRATIONS  FOR  REGISTERED
   40  ORGANIZATIONS  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
   41  SECTION.
   42    9. THE COMMISSIONER SHALL DETERMINE THE APPROPRIATE NUMBER  OF  REGIS-
   43  TERED  ORGANIZATIONS  AND  FACILITIES  TO  PROMOTE  REASONABLE ACCESS TO
   44  MEDICAL MARIHUANA IN THE INTEREST OF CERTIFIED PATIENTS AND THE  PUBLIC.
   45  DURING  THE  FIRST  TWO YEARS AFTER THIS TITLE TAKES EFFECT, THE COMMIS-
   46  SIONER SHALL REGISTER NO MORE THAN  TEN  REGISTERED  ORGANIZATIONS  THAT
   47  MANUFACTURE MEDICAL MARIHUANA.
   48    S  3366.  REPORTS  BY  REGISTERED  ORGANIZATIONS.  1. THE COMMISSIONER
   49  SHALL, BY REGULATION,  REQUIRE  EACH  REGISTERED  ORGANIZATION  TO  FILE
   50  REPORTS  BY THE REGISTERED ORGANIZATION DURING A PARTICULAR PERIOD.  THE
   51  COMMISSIONER SHALL DETERMINE THE INFORMATION  TO  BE  REPORTED  AND  THE
   52  FORMS, TIME, AND MANNER OF THE REPORTING.
   53    2.  THE  COMMISSIONER  SHALL,  BY  REGULATION, REQUIRE EACH REGISTERED
   54  ORGANIZATION TO ADOPT AND MAINTAIN SECURITY, TRACKING,  RECORD  KEEPING,
   55  RECORD RETENTION AND SURVEILLANCE SYSTEMS, RELATING TO ALL MEDICAL MARI-
   56  HUANA AT EVERY STAGE OF ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIV-
       A. 6357--A                         12

    1  ERY,  TRANSPORTING, DISTRIBUTING, OR DISPENSING BY THE REGISTERED ORGAN-
    2  IZATION, SUBJECT TO REGULATIONS OF THE COMMISSIONER.
    3    S  3367.  EVALUATION;  RESEARCH PROGRAMS; REPORT BY DEPARTMENT. 1. THE
    4  COMMISSIONER MAY PROVIDE FOR THE ANALYSIS AND EVALUATION OF  THE  OPERA-
    5  TION  OF THIS TITLE. THE COMMISSIONER MAY ENTER INTO AGREEMENTS WITH ONE
    6  OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS OR OTHER ORGANIZATIONS, FOR
    7  THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTATION AND EFFECTIVENESS
    8  OF THIS TITLE.
    9    2. THE DEPARTMENT MAY DEVELOP, SEEK  ANY  NECESSARY  FEDERAL  APPROVAL
   10  FOR, AND CARRY OUT RESEARCH PROGRAMS RELATING TO MEDICAL USE OF MARIHUA-
   11  NA.    PARTICIPATION  IN ANY SUCH RESEARCH PROGRAM SHALL BE VOLUNTARY ON
   12  THE PART OF PRACTITIONERS, PATIENTS, AND DESIGNATED CAREGIVERS.
   13    3. THE DEPARTMENT SHALL REPORT EVERY TWO YEARS,  BEGINNING  TWO  YEARS
   14  AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA-
   15  TURE ON THE MEDICAL USE OF MARIHUANA UNDER THIS TITLE AND MAKE APPROPRI-
   16  ATE RECOMMENDATIONS.
   17    S  3368.  RELATION  TO  OTHER  LAWS. 1. THE PROVISIONS OF THIS ARTICLE
   18  SHALL APPLY TO THIS TITLE, EXCEPT THAT WHERE A PROVISION OF  THIS  TITLE
   19  CONFLICTS  WITH  ANOTHER  PROVISION  OF  THIS  ARTICLE, THIS TITLE SHALL
   20  APPLY.
   21    2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE OR PROHIBIT  AN
   22  INSURER  OR  HEALTH  PLAN  UNDER  THIS  CHAPTER  OR THE INSURANCE LAW TO
   23  PROVIDE COVERAGE FOR MEDICAL MARIHUANA. NOTHING IN THIS TITLE  SHALL  BE
   24  CONSTRUED  TO REQUIRE COVERAGE FOR MEDICAL MARIHUANA UNDER ARTICLE TWEN-
   25  TY-FIVE OF THIS CHAPTER OR ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
   26    3. A PERSON OR ENTITY SHALL  NOT  BE  SUBJECT  TO  CRIMINAL  OR  CIVIL
   27  LIABILITY  OR  PROFESSIONAL DISCIPLINE FOR ACTING REASONABLY AND IN GOOD
   28  FAITH PURSUANT TO THIS TITLE.
   29    S 3369. PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA.  1.    CERTIFIED
   30  PATIENTS, DESIGNATED CAREGIVERS, PRACTITIONERS, REGISTERED ORGANIZATIONS
   31  AND  THE  EMPLOYEES  OF REGISTERED ORGANIZATIONS SHALL NOT BE SUBJECT TO
   32  ARREST, PROSECUTION, OR PENALTY IN ANY MANNER, OR DENIED  ANY  RIGHT  OR
   33  PRIVILEGE,  INCLUDING  BUT  NOT LIMITED TO CIVIL PENALTY OR DISCIPLINARY
   34  ACTION BY A BUSINESS OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD  OR
   35  BUREAU,  SOLELY FOR THE CERTIFIED MEDICAL USE OR MANUFACTURE OF MARIHUA-
   36  NA, OR FOR ANY OTHER ACTION OR CONDUCT IN ACCORDANCE  WITH  THIS  TITLE.
   37  STATE  OR  LOCAL  LAW  ENFORCEMENT  AGENCIES SHALL NOT COOPERATE WITH OR
   38  PROVIDE ASSISTANCE TO THE GOVERNMENT OF THE UNITED STATES OR ANY  AGENCY
   39  THEREOF  IN ENFORCING THE CONTROLLED SUBSTANCES ACT, 21 U.S.C. S 801 ET.
   40  SEQ., SOLELY FOR ACTIONS AND CONDUCT CONSISTENT WITH THIS TITLE,  EXCEPT
   41  AS PURSUANT TO A VALID COURT ORDER.
   42    2.  INCIDENTAL  AMOUNT  OF  MARIHUANA. ANY INCIDENTAL AMOUNT OF SEEDS,
   43  STALKS, AND UNUSABLE ROOTS SHALL NOT BE INCLUDED IN THE  AMOUNTS  SPECI-
   44  FIED  IN  SUBDIVISION  ONE  OF SECTION THIRTY-THREE HUNDRED SIXTY-TWO OF
   45  THIS TITLE.
   46    3. SCHOOL, EMPLOYER, OR  LANDLORD  MAY  NOT  DISCRIMINATE.  A  SCHOOL,
   47  EMPLOYER,  OR LANDLORD MAY NOT REFUSE TO ENROLL OR EMPLOY OR LEASE TO OR
   48  OTHERWISE PENALIZE A PERSON SOLELY FOR THAT PERSON'S STATUS AS A  CERTI-
   49  FIED  PATIENT  OR DESIGNATED CAREGIVER UNLESS FAILING TO DO SO WOULD PUT
   50  THE SCHOOL, EMPLOYER, OR LANDLORD IN VIOLATION OF FEDERAL LAW  OR  CAUSE
   51  IT TO LOSE A FEDERAL CONTRACT OR FUNDING.
   52    4.  PERSON MAY NOT BE DENIED MEDICAL CARE, INCLUDING ORGAN TRANSPLANT.
   53  FOR THE  PURPOSES  OF  MEDICAL  CARE,  INCLUDING  ORGAN  TRANSPLANTS,  A
   54  PATIENT'S  MEDICAL  USE  OF MARIHUANA SHALL NOT CONSTITUTE THE USE OF AN
   55  ILLICIT  SUBSTANCE  AND  MAY  ONLY  BE  CONSIDERED   WITH   RESPECT   TO
   56  EVIDENCE-BASED CLINICAL CRITERIA.
       A. 6357--A                         13

    1    5.  PERSON  MAY NOT BE DENIED CUSTODY OR VISITATION OF MINOR. A PERSON
    2  SHALL NOT BE DENIED CUSTODY OR VISITATION  OF  A  MINOR  FOR  ACTING  IN
    3  ACCORDANCE  WITH THIS TITLE UNLESS THE PERSON'S BEHAVIOR IS SUCH THAT IT
    4  CREATES AN UNREASONABLE DANGER TO THE MINOR THAT CAN BE  CLEARLY  ARTIC-
    5  ULATED AND SUBSTANTIATED.
    6    6.  EFFECT OF REGISTRY IDENTIFICATION CARD ISSUED BY ANOTHER JURISDIC-
    7  TION. A REGISTRY IDENTIFICATION CARD, OR ITS EQUIVALENT, THAT IS  ISSUED
    8  UNDER  THE  LAWS OF ANOTHER STATE, DISTRICT, TERRITORY, COMMONWEALTH, OR
    9  POSSESSION OF THE UNITED STATES THAT ALLOWS THE MEDICAL USE OF MARIHUANA
   10  HAS THE SAME FORCE AND EFFECT AS A REGISTRY IDENTIFICATION  CARD  ISSUED
   11  BY  THE  DEPARTMENT,  SO  LONG  AS THE VISITING PATIENT'S CONDITION IS A
   12  SERIOUS CONDITION, AS ATTESTED TO IN WRITING BY A PRACTITIONER. WHERE  A
   13  REGISTERED  ORGANIZATION  DISPENSES MEDICAL MARIHUANA TO A PATIENT UNDER
   14  THIS SUBDIVISION, A COPY OF THE ATTESTATION SHALL  BE  PROVIDED  TO  THE
   15  REGISTERED ORGANIZATION.
   16    S  3369-A.  REGULATIONS. 1. THE COMMISSIONER SHALL MAKE REGULATIONS TO
   17  IMPLEMENT THIS TITLE.
   18    2. ADVISORY COMMITTEE. THERE IS HEREBY ESTABLISHED IN  THE  DEPARTMENT
   19  AN ADVISORY COMMITTEE ON MEDICAL USE OF MARIHUANA (THE "ADVISORY COMMIT-
   20  TEE")  TO ADVISE THE COMMISSIONER ON MAKING REGULATIONS UNDER THIS TITLE
   21  AND ON ANY MATTERS RELATING TO THE IMPLEMENTATION OF THIS TITLE  AS  THE
   22  COMMISSIONER  SHALL DETERMINE. THE MEMBERS OF THE ADVISORY COMMITTEE AND
   23  ANY SUBCOMMITTEE OF THE ADVISORY  COMMITTEE  ("SUBCOMMITTEE")  SHALL  BE
   24  APPOINTED  BY THE COMMISSIONER AND INCLUDE BUT NOT BE LIMITED TO: HEALTH
   25  CARE PRACTITIONERS, PATIENTS OR REPRESENTATIVES OF PATIENTS WITH SERIOUS
   26  CONDITIONS, EXPERTS IN  THE  REGULATION  OF  CONTROLLED  SUBSTANCES  FOR
   27  MEDICAL  USE,  MEDICAL MARIHUANA INDUSTRY PROFESSIONALS AND LAW ENFORCE-
   28  MENT. THE COMMISSIONER MAY  ALSO  FORM  SUBCOMMITTEES  OF  THE  ADVISORY
   29  COMMITTEE.  THE  COMMISSIONER  SHALL  FORM  A SUBCOMMITTEE TO ADVISE THE
   30  COMMISSIONER ON CLINICAL MATTERS  RELATING  TO  MEDICAL  MARIHUANA,  THE
   31  MEMBERS OF WHICH SHALL PREDOMINANTLY BE CLINICAL PROFESSIONALS IN APPRO-
   32  PRIATE  AREAS  OF  EXPERTISE  AND  SHALL ALSO INCLUDE REPRESENTATIVES OF
   33  PATIENTS AND THE GENERAL PUBLIC. MEMBERS OF A SUBCOMMITTEE NEED  NOT  BE
   34  MEMBERS  OF THE ADVISORY COMMITTEE. MEMBERS OF THE ADVISORY COMMITTEE OR
   35  A SUBCOMMITTEE SHALL SERVE AT THE PLEASURE OF THE COMMISSIONER.  MEMBERS
   36  OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE MAY RECEIVE REIMBURSEMENT BY
   37  THE  DEPARTMENT  FOR THEIR REASONABLE AND NECESSARY EXPENSES INCURRED AS
   38  MEMBERS OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE. A  PUBLIC  EMPLOYEE
   39  MAY BE A MEMBER OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE.
   40    S 3369-B. SEVERABILITY. IF ANY PROVISION OF THIS TITLE OR THE APPLICA-
   41  TION  THEREOF  TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, SUCH INVA-
   42  LIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF  THIS  TITLE
   43  WHICH  CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION,
   44  AND TO THIS END THE PROVISIONS OF THIS TITLE ARE SEVERABLE.
   45    S 3. Section 3343-a of the public health law is amended  by  adding  a
   46  new subdivision 8-a to read as follows:
   47    8-A.  MEDICAL  MARIHUANA.  AS  USED  IN  ANY PROVISION OF THIS ARTICLE
   48  RELATING TO THE PRESCRIPTION MONITORING PROGRAM REGISTRY, THE  FOLLOWING
   49  TERMS  SHALL  INCLUDE THE FOLLOWING IN RELATION TO MEDICAL MARIHUANA, IN
   50  ADDITION TO THE MEANING EACH TERM WOULD OTHERWISE HAVE:
   51    (A) "PRESCRIPTION," "PRESCRIBE," AND  "PRESCRIBER,"  INCLUDE,  RESPEC-
   52  TIVELY,  A  CERTIFICATION, THE ISSUING OF A CERTIFICATION, AND A PRACTI-
   53  TIONER UNDER TITLE FIVE-A OF THIS ARTICLE.
   54    (B) "PHARMACY" INCLUDES A REGISTERED ORGANIZATION THAT  IS  AUTHORIZED
   55  TO  DISPENSE  MEDICAL  MARIHUANA  UNDER  TITLE  FIVE-A  OF THIS ARTICLE;
   56  PROVIDED THAT A REGISTERED ORGANIZATION THAT IS NOT A FACILITY  LICENSED
       A. 6357--A                         14

    1  UNDER  ARTICLE  TWENTY-EIGHT OF THIS CHAPTER OR A PHARMACY UNDER ARTICLE
    2  ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW SHALL NOT BE AUTHORIZED TO
    3  CONSULT THE REGISTRY OR ACCESS  PATIENT-SPECIFIC  INFORMATION  FROM  THE
    4  REGISTRY, INCLUDING UNDER SUBDIVISION THREE OF THIS SECTION AND SUBDIVI-
    5  SION  TWO  OF  SECTION THIRTY-THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE,
    6  BUT SHALL REPORT INFORMATION TO THE REGISTRY, INCLUDING  UNDER  SUBDIVI-
    7  SION FOUR OF SECTION THIRTY-THREE HUNDRED THIRTY-THREE OF THIS ARTICLE.
    8    (C)  "PATIENT-SPECIFIC INFORMATION," IN RELATION TO MEDICAL MARIHUANA,
    9  SHALL NOT INCLUDE INFORMATION NOT REQUIRED TO BE INCLUDED IN  A  CERTIF-
   10  ICATION UNDER TITLE FIVE-A OF THIS ARTICLE.
   11    (D)  "CONTROLLED  SUBSTANCE" INCLUDES MEDICAL MARIHUANA, REGARDLESS OF
   12  WHETHER THE PROVISION IN WHICH THE TERM IS FOUND IS LIMITED TO SCHEDULES
   13  OTHER THAN SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THIS  ARTI-
   14  CLE.
   15    (E)  "MEDICAL MARIHUANA" MEANS MEDICAL MARIHUANA UNDER TITLE FIVE-A OF
   16  THIS ARTICLE.
   17    S 4. The tax law is amended by adding a new article 20-B  to  read  as
   18  follows:
   19                                ARTICLE 20-B
   20                          TAX ON MEDICAL MARIHUANA
   21  SECTION 490. EXCISE TAX ON MEDICAL MARIHUANA.
   22    S  490.  EXCISE  TAX ON MEDICAL MARIHUANA. 1. ALL DEFINITIONS OF TERMS
   23  APPLICABLE TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC  HEALTH
   24  LAW SHALL APPLY TO THIS ARTICLE.
   25    2.  THERE  IS HEREBY LEVIED AND IMPOSED ON REGISTERED ORGANIZATIONS AN
   26  EXCISE TAX ON ALL MEDICAL MARIHUANA SOLD TO ANOTHER REGISTERED ORGANIZA-
   27  TION OR TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER. THE  EXCISE  TAX
   28  SHALL BE AT THE FOLLOWING RATES:
   29    (A)  FOR  MEDICAL MARIHUANA MANUFACTURED BY A REGISTERED ORGANIZATION:
   30  ONE HUNDRED TWENTY-FIVE DOLLARS  FOR  EACH  POUND  OR  PART  THEREOF  OF
   31  MEDICAL MARIHUANA MANUFACTURED BY THE REGISTERED ORGANIZATION.
   32    (B)  FOR  MEDICAL MARIHUANA DISPENSED TO A CERTIFIED PATIENT OR DESIG-
   33  NATED CAREGIVER: ONE HUNDRED TWENTY-FIVE DOLLARS FOR EACH POUND OR  PART
   34  THEREOF  OF  MEDICAL  MARIHUANA  DISPENSED; PROVIDED THAT IF THE MEDICAL
   35  MARIHUANA UNDER THIS PARAGRAPH WAS OBTAINED BY THE REGISTERED  ORGANIZA-
   36  TION  FROM AN ENTITY THAT DID NOT PAY AN EXCISE TAX ATTRIBUTABLE TO THAT
   37  MEDICAL MARIHUANA UNDER PARAGRAPH (A) OF THIS SUBDIVISION, THEN THE  TAX
   38  UNDER THIS PARAGRAPH SHALL BE TWO HUNDRED FIFTY DOLLARS.
   39    3. TWENTY-FIVE PERCENT OF THE REVENUE RECEIVED BY THE DEPARTMENT SHALL
   40  BE TRANSFERRED TO THE COUNTY IN WHICH THE MEDICAL MARIHUANA WAS MANUFAC-
   41  TURED  (IN  THE CASE OF REVENUE RECEIVED UNDER PARAGRAPH (A) OF SUBDIVI-
   42  SION TWO OF THIS SECTION) OR DISPENSED (IN THE CASE OF REVENUE  RECEIVED
   43  UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION). FOR PURPOSES OF
   44  THE  PREVIOUS  SENTENCE,  THE  CITY  OF NEW YORK SHALL BE DEEMED TO BE A
   45  COUNTY. TWENTY-FIVE PERCENT OF THE REVENUE RECEIVED  BY  THE  DEPARTMENT
   46  SHALL  BE TRANSFERRED TO THE CITY OR TOWN IN WHICH THE MEDICAL MARIHUANA
   47  WAS MANUFACTURED (IN THE CASE OF REVENUE RECEIVED UNDER PARAGRAPH (A) OF
   48  SUBDIVISION TWO OF THIS SECTION) OR DISPENSED (IN THE  CASE  OF  REVENUE
   49  RECEIVED  UNDER  PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION). FIVE
   50  PERCENT OF THE REVENUE RECEIVED BY THE DEPARTMENT SHALL  BE  TRANSFERRED
   51  TO  THE  OFFICE  OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, WHICH SHALL
   52  USE THAT REVENUE FOR ADDITIONAL DRUG ABUSE  PREVENTION,  COUNSELING  AND
   53  TREATMENT SERVICES.
   54    4. THE COMMISSIONER SHALL MAKE REGULATIONS TO IMPLEMENT THIS ARTICLE.
   55    S  5.  Section  853 of the general business law is amended by adding a
   56  new subdivision 3 to read as follows:
       A. 6357--A                         15

    1    3. THIS ARTICLE SHALL NOT APPLY TO ANY SALE, FURNISHING OR  POSSESSION
    2  WHICH IS FOR A LAWFUL PURPOSE UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE
    3  OF THE PUBLIC HEALTH LAW.
    4    S  6.  Section 221.00 of the penal law, as added by chapter 360 of the
    5  laws of 1977, is amended to read as follows:
    6  S 221.00 Marihuana; definitions.
    7    Unless the context in which they are used clearly otherwise  requires,
    8  the terms occurring in this article shall have the same meaning ascribed
    9  to  them in article two hundred twenty of this chapter.  ANY ACT THAT IS
   10  LAWFUL UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE  PUBLIC  HEALTH
   11  LAW IS NOT A VIOLATION OF THIS ARTICLE.
   12    S  7. This act shall take effect immediately, provided that the amend-
   13  ment to section 3343-a of the public health law made by section three of
   14  this act shall take effect on the same date and in the  same  manner  as
   15  section  2  of  part  A  of chapter 447 of the laws of 2012, as amended,
   16  takes effect.
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