A09562 Summary:

BILL NOA09562
 
SAME ASSAME AS S06999
 
SPONSORGottfried
 
COSPNSRLupardo, Dinowitz, Paulin, Hevesi, Blake, Brindisi, Cook, Ortiz, Russell, Sepulveda, Simon, Skartados, Skoufis, Zebrowski, Abinanti, Cahill, Rosenthal, Peoples-Stokes, McDonald
 
MLTSPNSR
 
Amd §3360, Pub Health L
 
Amends the dosing limitations and medical conditions permitting the use of medical marihuana.
Go to top    

A09562 Actions:

BILL NOA09562
 
03/16/2016referred to health
04/05/2016reported
04/07/2016advanced to third reading cal.491
Go to top

A09562 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9562
 
SPONSOR: Gottfried
  TITLE OF BILL: An act to amend the public health law, in relation to dosing limitations and medical conditions permitting the medical use of marihuana   PURPOSE: To allow medical marihuana to be used to treat additional diseases and conditions and to remove the limit of ten milligrams of tetrahydrocanna- binol per dose of medical marihuana   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends subdivision 15 of § 3360 of the Public Health Law to remove the limit of ten milligrams of tetrahydrocannabinol per dose of medical marihuana. Section 2: Amends subdivision 7 of § 3360 of the Public Health Law by adding the following to the list of diseases and conditions treatable by use of medical marihuana: Alzheimer's disease, traumatic brain injury, dystonia, muscular dystrophy, wasting syndrome, post traumatic stress disorder, rheumatoid arthritis and lupus. Section 3: Effective date.   JUSTIFICATION: These conditions were included in the bill that initially passed the Assembly and was expected to pass the Senate, but were deleted from the final bill. Expanding the list would offer critical treatment options to more patients whose lives could be improved by medical marihuana. Some of these conditions, such as PTSD and muscular dystrophy, are treated with medical marihuana in other states. Other conditions are subject to ongo- ing research, such as January 2016 findings from Israel showing poten- tial benefits for Alzheimer's patients. (http://www.ncbi.nlm.nih.gov/pubmed/26757043) It is questionable whether the law ought to limit the eligible condi- tions at all. The law does not list eligible conditions for other drugs. The medical marihuana law also places a limit of ten milligrams of tetrahydrocannabinol (THC) per dose of medical marihuana. For some patients, low THC products may be appropriate; for others, higher THC may be. This decision should be made by a patient and his or her doctor and not based on an arbitrary statute. The limit in the law has little effect, because there is no limit on how many doses a patient may use at a time.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
Go to top

A09562 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9562
 
                   IN ASSEMBLY
 
                                     March 16, 2016
                                       ___________
 
        Introduced  by  M.  of  A. GOTTFRIED, LUPARDO, DINOWITZ, PAULIN, HEVESI,
          BLAKE, BRINDISI, COOK, ORTIZ, RUSSELL,  SEPULVEDA,  SIMON,  SKARTADOS,
          SKOUFIS,  ZEBROWSKI  --  read  once  and  referred to the Committee on
          Health
 
        AN ACT to amend the public health law, in relation to dosing limitations
          and medical conditions permitting the 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. Subdivision 15 of section 3360 of the public health law, as
     2  added by chapter 90 of the laws of 2014, is amended to read as follows:
     3    15.  "Individual dose" means a single measure of raw medical marihuana
     4  or non-infused concentrates to be determined and clearly identified by a
     5  patient's practitioner for the patient's specific  certified  condition.
     6  [For ingestible or sub-lingual medical marihuana products, no individual
     7  dose may contain more than ten milligrams of tetrahydrocannabinol.]
     8    §  2. Subdivision 7 of section 3360 of the public health law, as added
     9  by chapter 90 of the laws of 2014, is amended to read as follows:
    10    7. [(a)] "Serious condition" means:
    11    (i) having one of the following severe debilitating or  life-threaten-
    12  ing conditions: cancer, positive status for human immunodeficiency virus
    13  or  acquired  immune deficiency syndrome, amyotrophic lateral sclerosis,
    14  Alzheimer's  disease,  traumatic  brain  injury,  dystonia,  Parkinson's
    15  disease,  multiple  sclerosis, muscular dystrophy, damage to the nervous
    16  tissue of the spinal cord  with  objective  neurological  indication  of
    17  intractable  spasticity,  epilepsy,  wasting  syndrome,  post  traumatic
    18  stress  disorder,  rheumatoid  arthritis,  lupus,   inflammatory   bowel
    19  disease,  neuropathies, Huntington's disease, or as added by the commis-
    20  sioner; [and] or
    21    (ii) any of the following conditions where it is clinically associated
    22  with, or a complication of, a condition  under  this  paragraph  or  its
    23  treatment:  cachexia or wasting syndrome; severe or chronic pain; severe
    24  nausea; seizures; severe or persistent muscle spasms; or such conditions
    25  as are added by the commissioner.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13610-02-6

        A. 9562                             2
 
     1    [(b) No later than eighteen months from the  effective  date  of  this
     2  section,  the  commissioner shall determine whether to add the following
     3  serious conditions: Alzheimer's,  muscular  dystrophy,  dystonia,  post-
     4  traumatic stress disorder and rheumatoid arthritis.]
     5    §  3. This act shall take effect immediately; provided that the amend-
     6  ments to title 5-a of article 33 of the public health law made  by  this
     7  act  shall  not  affect  the  repeal  of  such title and shall be deemed
     8  repealed therewith.
Go to top