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S01087 Summary:

Amd 3360 & 3362, Pub Health L
Relates to forms of marihuana authorized for medical use.
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S01087 Actions:

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S01087 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 6, 2017
        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        AN ACT to amend the public health law, in relation to forms of marihuana
          authorized for medical use
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivisions 1 and 8 of section 3360 of the public health
     2  law, as added by chapter 90 of the laws of 2014, are amended to read  as
     3  follows:
     4    1. "Certified medical use" means the acquisition, possession, use, or,
     5  transportation  of  medical  marihuana  by  a  certified patient, or the
     6  acquisition, possession, delivery, transportation or  administration  of
     7  medical  marihuana  by  a  designated  caregiver, for use as part of the
     8  treatment of the patient's serious condition, as authorized in a certif-
     9  ication under this title including  enabling  the  patient  to  tolerate
    10  treatment  for  the serious condition. [A certified medical use does not
    11  include smoking.]
    12    8. "Medical marihuana" means marihuana as defined in subdivision twen-
    13  ty-one of section thirty-three hundred two of this article, intended for
    14  a certified medical use[, as determined by the commissioner  in  his  or
    15  her  sole  discretion. Any form of medical marihuana not approved by the
    16  commissioner is expressly prohibited].
    17    § 2. Subdivision 2 of section 3362 of the public health law, as  added
    18  by chapter 90 of laws of 2014, is amended to read as follows:
    19    2. Notwithstanding subdivision one of this section:
    20    (a)  possession  of  medical  marihuana shall not be lawful under this
    21  title if it is smoked, consumed, vaporized, or grown in a public  place,
    22  regardless  of  the  form  of  medical marihuana stated in the patient's
    23  certification.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 1087                             2
     1    (b) a person possessing  medical  marihuana  under  this  title  shall
     2  possess  his  or  her  registry identification card at all times when in
     3  immediate possession of medical marihuana.
     4    (c) medical marihuana may not be smoked in any place where tobacco may
     5  not  be  smoked  under article thirteen-E of this chapter, regardless of
     6  the form of medical marihuana stated in the patient's certification.
     7    § 3. This act shall take effect immediately; provided that the  amend-
     8  ments  to  title 5-A of article 33 of the public health law made by this
     9  act shall not affect the repeal  of  such  title  and  shall  be  deemed
    10  repealed therewith.
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