A09151 Summary:

BILL NOA09151
 
SAME ASNo Same As
 
SPONSORGottfried
 
COSPNSRMcDonald, Abinanti, Peoples-Stokes, Brindisi, Seawright, Cook, Walter, Zebrowski, Lupardo, Dinowitz, Rosenthal, Bronson, Sepulveda, Skoufis, Blake, Steck, Lifton, Cahill
 
MLTSPNSRJaffee, Simon
 
Amd 3365, Pub Health L
 
Directs the commissioner of health to designate additional registered organizations to manufacture and dispense medical marihuana.
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A09151 Actions:

BILL NOA09151
 
01/29/2016referred to health
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A09151 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9151
 
SPONSOR: Gottfried
  TITLE OF BILL: An act to amend the public health law, in relation to designating additional registered organizations to manufacture and dispense medical marihuana   PURPOSE: To require the Department of Health to register at least five more registered organizations to provide medical marijuana in underserved areas of the state.   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends subdivision 9 of § 3365 of the Public Health Law by adding a new paragraph (b) to require that the Department of Health register at least five additional registered organizations to manufac- ture and dispense medical marijuana by January 1, 2017. The Commissioner shall seek to provide the dispensaries operated by the new registered organizations in underserved areas of the state. In addition, the Commissioner is directed to consider and give appropriate weight to the applicants involved in the initial review process. Section 2: Is the effective date.   JUSTIFICATION: The Department of Health has authorized only five registered organiza- tions, with four dispensaries each, to provide medical marijuana. As a result, 20 medical marijuana dispensaries are available to serve the needs of 19,750,000 New Yorkers. Those 20 dispensaries are located in only 13 counties, meaning that 49 counties-with a cumulative population of over 7.5 million people-have none. Statewide, there are 978,500 New Yorkers for every medical marijuana dispensary. By comparison, New York has 5,398 pharmacies, or one for every 3,625 New Yorkers. In the 22 other states that have medical marijuana laws, on average they have one dispensary for every 210,000 people. By any standard, New York's medical marijuana delivery system is woefully inadequate, and far out of step with practices across the nation. This bill would begin to address the patient access problems in New York by requiring the Department of Health to authorize at least five more registered organizations by January of 2017. Doing so would enhance patient access in numerous underserved areas of the state.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: Establishing additional registered organizations would generate tax revenue for the state and the localities they are located in.   EFFECTIVE DATE: Immediately.
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A09151 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9151
 
                   IN ASSEMBLY
 
                                    January 29, 2016
                                       ___________
 
        Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
          Committee on Health
 
        AN ACT to amend the public health law, in relation to designating  addi-
          tional  registered  organizations  to manufacture and dispense medical
          marihuana
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivision 9 of section 3365 of the public health law, as
     2  added by chapter 90 of the laws of 2014, is amended to read as follows:
     3    9. (a) The commissioner shall register no more  than  five  registered
     4  organizations  that manufacture medical marihuana with no more than four
     5  dispensing sites wholly owned and operated by such registered  organiza-
     6  tion. The commissioner shall ensure that [such] registered organizations
     7  and  dispensing  sites  are geographically distributed across the state.
     8  The commission may register additional registered organizations.
     9    (b) The commissioner shall, by January first, two thousand  seventeen,
    10  register at least five additional registered organizations that manufac-
    11  ture  medical  marihuana,  each  of  which may operate no more than four
    12  dispensing sites. In determining which applicants to select  under  this
    13  paragraph:
    14    (i) the commissioner shall seek to provide dispensaries in underserved
    15  areas; and
    16    (ii) where an applicant was an applicant in the commissioner's initial
    17  selection  process  under paragraph (a) of this subdivision, the commis-
    18  sioner shall consider the information provided by the applicant in  that
    19  initial  process,  to  the  extent  it is currently applicable, and give
    20  appropriate weight to the commissioner's evaluation of the applicant  in
    21  that initial process.
    22    § 2. This act shall take effect immediately; provided however that the
    23  amendments  to section 3365 of the public health law made by section one
    24  of this act shall not affect the repeal of such  section  and  shall  be
    25  deemed repealed therewith.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13377-01-5
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