S03282 Summary:

BILL NOS03282
 
SAME ASSAME AS A03460
 
SPONSORLARKIN
 
COSPNSRPANEPINTO
 
MLTSPNSR
 
Add S3369-f, Pub Health L
 
Relates to establishing an emergency program to provide cannabidiol access to patients with epilepsy and other serious conditions before the full medical marihuana program is established.
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S03282 Actions:

BILL NOS03282
 
02/04/2015REFERRED TO HEALTH
01/06/2016REFERRED TO HEALTH
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S03282 Memo:

Memo not available
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S03282 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3282
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    February 4, 2015
                                       ___________
 
        Introduced  by  Sen.  LARKIN -- 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  an  emergency
          program  to  provide  cannabidiol  access to patients with epilepsy or
          other serious conditions
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Legislative  intent.  The  legislature  hereby  finds and
     2  declares it necessary to  establish  an  emergency  program  to  provide
     3  appropriate medical marihuana for certain persons with epilepsy or other
     4  serious  conditions  before  the full medical marihuana program has been
     5  established.  New Yorkers suffering from severe epilepsy or other  seri-
     6  ous conditions cannot wait the year or more that it may take for medical
     7  marihuana programs established by that legislation to be operational. In
     8  particular,  these individuals need access to medical marihuana contain-
     9  ing high amounts of the cannabinoid cannabidiol (CBD) as soon as  possi-
    10  ble, so that they are not forced to seek treatment out-of-state at great
    11  personal expense.
    12    §  2.  The public health law is amended by adding a new section 3369-f
    13  to read as follows:
    14    § 3369-f. Emergency cannabidiol (CBD) access program. 1.  The  commis-
    15  sioner shall establish an emergency cannabidiol (CBD) access program and
    16  promulgate any regulations needed to establish the program within thirty
    17  days  of  the  effective  date of this section. The emergency CBD access
    18  program shall be tasked with providing persons with  epilepsy  or  other
    19  serious conditions defined under this title as determined by the commis-
    20  sioner access to medical marihuana containing a high amount of CBD and a
    21  low amount of tetrahydrocannabinol (THC). The regulations promulgated by
    22  the commissioner shall establish, but are not limited to establishing:
    23    (a)  the  allowable levels of CBD and THC that may be contained within
    24  the medical marihuana distributed under the program;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06661-02-5

        S. 3282                             2
 
     1    (b) the specific forms of medical marihuana that are to be distributed
     2  under the emergency program,  provided  that  the  products  distributed
     3  under the auspices of the program shall conform to the limits on medical
     4  marihuana products established in this title; and
     5    (c) a temporary patient certification process for persons with epilep-
     6  sy or other serious conditions defined under this title as determined by
     7  the commissioner and their caregivers who wish to possess and administer
     8  medical  marihuana,  including  standards  for the medical documentation
     9  that must be presented to receive a temporary medical marihuana permit.
    10    2. Any rules established by  the  commissioner  governing  the  lawful
    11  possession  and  use  of medical marihuana by a patient with epilepsy or
    12  other serious conditions defined under this title as determined  by  the
    13  commissioner  or  their  caregiver under this program shall conform with
    14  those established in this title.
    15    3. Within ninety days of the  effective  date  of  this  section,  the
    16  commissioner  shall  contract  with one or more registered organizations
    17  for the  purposes  of  acquiring,  possessing,  manufacturing,  selling,
    18  delivering,  transporting,  distributing or dispensing medical marihuana
    19  products for use by patients with a temporary medical marihuana  permit.
    20  The commissioner shall have the ability to waive any of the requirements
    21  for  registered organizations established in this title for the purposes
    22  of providing medical marihuana on an emergency basis under this program.
    23    § 3. This act shall take effect immediately and shall  expire  and  be
    24  deemed repealed upon the commissioner of health's certification that the
    25  medical  marihuana  products  being made available on an emergency basis
    26  through this program are available through the medical marihuana program
    27  established by chapter 90  of  the  laws  of  2014,  or  its  successor;
    28  provided  that  the  commissioner of health shall notify the legislative
    29  bill drafting commission of such certification.
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