S04406 Summary:

BILL NO    S04406D

SAME AS    No same as 

SPONSOR    SAVINO

COSPNSR    ADDABBO, AVELLA, BRESLIN, CARLUCCI, DILAN, ESPAILLAT, GIPSON,
           GRISANTI, HASSELL-THOMPSON, HOYLMAN, KENNEDY, KLEIN, KRUEGER,
           MAZIARZ, MONTGOMERY, O'BRIEN, PARKER, PERALTA, PERKINS, RIVERA,
           ROBACH, SAMPSON, SERRANO, SQUADRON, TKACZYK, VALESKY

MLTSPNSR   

Add Art 33 Title 5-A SS3360 - 3369-c, 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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S04406 Actions:

BILL NO    S04406D

03/26/2013 REFERRED TO HEALTH
06/14/2013 AMEND AND RECOMMIT TO HEALTH
06/14/2013 PRINT NUMBER 4406A
01/08/2014 REFERRED TO HEALTH
04/07/2014 NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
04/25/2014 AMEND AND RECOMMIT TO HEALTH
04/25/2014 PRINT NUMBER 4406B
05/20/2014 REPORTED AND COMMITTED TO FINANCE
06/06/2014 AMEND AND RECOMMIT TO FINANCE
06/06/2014 PRINT NUMBER 4406C
06/12/2014 COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/16/2014 AMEND AND RECOMMIT TO RULES
06/16/2014 PRINT NUMBER 4406D
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S04406 Votes:

There are no votes for this bill in this legislative session.
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S04406 Memo:

Memo not available
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S04406 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4406--D
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                     March 26, 2013
                                       ___________
 
        Introduced  by  Sens. SAVINO, ADDABBO, AVELLA, BRESLIN, CARLUCCI, DILAN,
          ESPAILLAT,  GIPSON,  GRISANTI,  HASSELL-THOMPSON,  HOYLMAN,   KENNEDY,
          KLEIN,   KRUEGER,   MAZIARZ,  MONTGOMERY,  O'BRIEN,  PARKER,  PERALTA,
          PERKINS, RIVERA, ROBACH, SAMPSON, SERRANO, SQUADRON, TKACZYK,  VALESKY
          -- read twice and ordered printed, and when printed to be committed to

          the Committee on Health -- committee discharged, bill amended, ordered
          reprinted  as amended and recommitted to said committee -- recommitted
          to the Committee on Health in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to said committee -- reported favorably from said commit-
          tee and committed to the Committee on Finance -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee  --  committee  discharged  and  said  bill committed to the
          Committee on Rules --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01604-30-4

        S. 4406--D                          2
 
     1  standards. This policy and this legislation do not in any  way  diminish
     2  New York state's strong public policy and laws against illegal drug use,
     3  nor  should  it be deemed in any manner to advocate, authorize, promote,
     4  or  legally  or  socially  accept  the  use of marihuana for children or
     5  adults, for any non-medical use.  This  legislation  is  an  appropriate
     6  exercise  of  the state's legislative power to protect the health of its

     7  people under article 17 of the state constitution and the  tenth  amend-
     8  ment  of  the  United  States constitution. Furthermore, the legislature
     9  finds that New York state has a significant  and  ongoing  economic  and
    10  non-regulatory interest in the financial viability of organizations that
    11  sell marihuana for medical use. The legislature finds that the financial
    12  viability  of such organizations would be greatly diminished and threat-
    13  ened by labor-management conflict, such as a strike at a  facility  that
    14  cultivates  marihuana, especially because of the need for enhanced secu-
    15  rity concerning the products. Replacements  during  a  strike  would  be
    16  difficult  to arrange and cause delay far more significant than a strike
    17  elsewhere. Accordingly, the legislature  finds  that  the  state  has  a
    18  substantial  and  compelling  proprietary  interest  in this matter, and

    19  finds that labor peace is essential  for  any  organization  to  conduct
    20  business relating to the sale of medical marihuana.
    21    It is the legislative intent that this act be implemented consistently
    22  with  these  findings  and principles, through a reasonable and workable
    23  system with appropriate oversight; strong "seed to sale"  regulation  to
    24  prevent  diversion,  abuse, and other illegal conduct; reasonable access
    25  to and appropriate use of medical marihuana by certified patients; eval-
    26  uation; and continuing research.
    27    § 2. Article 33 of the public health law is amended by  adding  a  new
    28  title 5-A to read as follows:
    29                                  TITLE V-A
    30                          MEDICAL USE OF MARIHUANA
    31  Section 3360.   Definitions.
    32          3361.   Certification of patients.

    33          3362.   Lawful medical use.
    34          3363.   Registry identification cards.
    35          3364.   Registered organizations.
    36          3365.   Registering of registered organizations.
    37          3366.   Expedited registration of registered organizations.
    38          3367.   Reports by registered organizations.
    39          3368.   Evaluation; research programs; report by department.
    40          3369.   Relation to other laws.
    41          3369-a. Protections for the medical use of marihuana.
    42          3369-b. Regulations.
    43          3369-c. Severability.
    44    §  3360. Definitions. As used in this title, the following terms shall
    45  have the following meanings, unless the context clearly requires  other-
    46  wise:

    47    1.  "Certified  medical  use"  means the acquisition, possession, use,
    48  delivery, transfer, transportation, or administration of  medical  mari-
    49  huana  by a certified patient or designated caregiver for use as part of
    50  the treatment of the patient's serious condition specified in a  certif-
    51  ication  under  this  title,  including enabling the patient to tolerate
    52  treatment for the serious condition.
    53    2. "Caring for" means treating or counseling a patient, in the  course
    54  of  which  the  practitioner  has  completed  a  full  assessment of the
    55  patient's medical history and current medical condition.

        S. 4406--D                          3
 
     1    3. "Certified patient" means a patient who is certified under  section

     2  thirty-three hundred sixty-one of this title.
     3    4.  "Certification"  means a certification, made under section thirty-
     4  three hundred sixty-one of this title.
     5    5. "Designated caregiver" means the individual designated by a  certi-
     6  fied patient in a registry application.
     7    6. "Public place" means a public place as defined in section 240.00 of
     8  the  penal  law, a motor vehicle as defined in section one hundred twen-
     9  ty-five of the vehicle and  traffic  law,  an  aircraft  as  defined  in
    10  section  two  hundred  forty  of the general business law or a vessel as
    11  defined in section two of the navigation law.
    12    7. "Serious condition" means a severe debilitating or life-threatening

    13  condition, including: cancer, positive status for human immunodeficiency
    14  virus or acquired immune deficiency syndrome, amyotrophic lateral scler-
    15  osis, Alzheimer's disease, muscular dystrophy, traumatic  brain  injury,
    16  dystonia, Parkinson's disease, multiple sclerosis, damage to the nervous
    17  tissue  of  the  spinal  cord  with objective neurological indication of
    18  intractable spasticity, epilepsy,  wasting  syndrome,  Crohn's  disease,
    19  post-traumatic  stress  disorder,  neuropathy, rheumatoid arthritis, and
    20  Huntington's disease, or a condition associated with or  a  complication
    21  of  such  a  condition  or its treatment, or any other condition that is
    22  added by the commissioner.
    23    8. "Medical marihuana" means marihuana as defined in subdivision twen-

    24  ty-one of section thirty-three hundred two of this article intended  for
    25  a certified medical use, which may include, but is not limited to, forms
    26  that are extracts, vaporizable material, or products that are infused or
    27  combined  with  marihuana, but specifically excludes confections, carbo-
    28  nated beverages, and products that are marketed towards minor  children;
    29  subject to regulations of the commissioner.
    30    9.  "Registered  organization"  means  a registered organization under
    31  sections  thirty-three  hundred  sixty-four  and  thirty-three   hundred
    32  sixty-five of this title.
    33    10. "Registry application" means an application properly completed and
    34  filed  with  the department by a certified patient under section thirty-

    35  three hundred sixty-three of this title.
    36    11. "Registry identification card" means a document that identifies  a
    37  certified  patient  or  designated  caregiver, as provided under section
    38  thirty-three hundred sixty-three of this title.
    39    12. "Practitioner" means a practitioner who is a physician,  physician
    40  assistant  under  the supervision of a physician, or nurse practitioner,
    41  acting within the practitioner's lawful scope of practice.
    42    13. "Terminally ill" means an individual has a medical prognosis  that
    43  the  individual's  life  expectancy is approximately one year or less if
    44  the illness runs its normal course.
    45    14. "Labor peace agreement" means an agreement between an entity and a

    46  labor organization that, at a minimum, protects the state's  proprietary
    47  interests  by  prohibiting labor organizations and members from engaging
    48  in picketing, work stoppages, boycotts, and any other economic interfer-
    49  ence with the registered organization's business.
    50    15. "Individual dose" means a single measure of raw medical  marihuana
    51  or non-infused concentrates to be determined and clearly identified by a
    52  patient's  practitioner  for the patient's specific certified condition.
    53  For ingestible or sub-lingual medical marihuana products, no  individual
    54  dose may contain more than ten milligrams of tetrahydracanabinol.
    55    16.  "Special  certification" means a special certification made under

    56  subdivision six of section thirty-three hundred sixty-one of this title.

        S. 4406--D                          4
 
     1    17. "Form of medical marihuana" means characteristics of  the  medical
     2  marihuana  recommended  or  limited  for a particular certified patient,
     3  including the method of consumption and any particular strain,  variety,
     4  and quantity or percentage of marihuana or particular active ingredient.
     5    § 3361. Certification of patients. 1. A patient certification may only
     6  be issued if a practitioner, who is caring for the patient for a serious
     7  condition,  and  who by training or experience is qualified to treat the
     8  serious condition, certifies that: (a) the patient has a serious  condi-

     9  tion,  which shall be specified in the patient's health care record; (b)
    10  the patient is under the practitioner's care for the serious  condition;
    11  and (c) in the practitioner's professional opinion, the patient is like-
    12  ly  to  receive  therapeutic  or  palliative benefit from the primary or
    13  adjunctive treatment with medical  use  of  marihuana  for  the  serious
    14  condition.
    15    2.  The  certification  shall  be in writing and include (a) the name,
    16  date of birth and address of the  patient;  (b)  a  statement  that  the
    17  patient has a serious condition; the patient is under the practitioner's
    18  care  for  the serious condition and, in the practitioner's professional
    19  opinion, the patient is likely  to  receive  therapeutic  or  palliative

    20  benefit  from  the  primary  or adjunctive treatment with medical use of
    21  marihuana for the serious condition, and any specification or limitation
    22  of the form of medical marihuana recommended; (c) the date; and (d)  the
    23  name,  address,  federal  registration number, telephone number, and the
    24  handwritten signature of the certifying practitioner.  The  commissioner
    25  may  require  by  regulation  that  the certification shall be on a form
    26  provided by the department  if  the  commissioner  determines  that  the
    27  department is making certification forms adequately available. The prac-
    28  titioner  may  state  in  the  certification that, in the practitioner's
    29  professional opinion the patient would benefit  from  medical  marihuana

    30  only  until  a specified date. The practitioner may state in the certif-
    31  ication that, in the practitioner's professional opinion the patient  is
    32  terminally  ill  and  that  the certification shall not expire until the
    33  patient dies.
    34    3. In making a certification, the practitioner shall consider the form
    35  of medical marihuana the patient should consume, including the method of
    36  consumption and any particular strain, variety, and quantity or percent-
    37  age of  marihuana  or  particular  active  ingredient,  and  appropriate
    38  dosage.  The practitioner shall state in the certification any recommen-
    39  dation or limitation the practitioner makes, in his or her  professional
    40  opinion,  concerning  the appropriate form or forms of medical marihuana

    41  and dosage, including any specification of an  amount  greater  or  less
    42  than  two ounces of marihuana per thirty day period if clinically appro-
    43  priate in the practitioner's professional  opinion,  for  the  certified
    44  patient.
    45    4.  The  practitioner  shall  give  the certification to the certified
    46  patient, and place a copy in the patient's health care record.
    47    5. No practitioner shall issue a certification under this section  for
    48  himself or herself.
    49    6.  A  registry  identification  card  based  on a certification shall
    50  expire one year after the date the certification is signed by the  prac-
    51  titioner; except that where a certified patient has a registry identifi-

    52  cation card based on a current valid certification, a new registry iden-
    53  tification card based on a new certification shall expire one year after
    54  the  expiration of the registry identification card based on the current
    55  valid certification. However,

        S. 4406--D                          5
 
     1    (a) if the practitioner states in the certification that, in the prac-
     2  titioner's professional opinion, the patient would benefit from  medical
     3  marihuana  only  until a specified earlier date, then the registry iden-
     4  tification card shall expire on that date;
     5    (b)  if the practitioner states in the certification that in the prac-
     6  titioner's professional opinion the patient is terminally ill  and  that

     7  the  certification  shall  not  expire  until the patient dies, then the
     8  registry identification card shall state that the patient is  terminally
     9  ill  and  that  the registration card shall not expire until the patient
    10  dies;
    11    (c) if the practitioner re-issues the certification to  terminate  the
    12  certification  on an earlier date, then the registry identification card
    13  shall expire on that date and shall be promptly returned by  the  certi-
    14  fied patient to the department; and
    15    (d) if the certification so provides, the registry identification card
    16  shall  state  any recommendation or limitation by the practitioner as to
    17  the form or forms of medical  marihuana  or  dosage  for  the  certified
    18  patient.

    19    7.  (a) A certification may be a special certification if, in addition
    20  to the other requirements for a certification, the  practitioner  certi-
    21  fies  in  the  certification  that  the  patient's  serious condition is
    22  progressive and degenerative or that delay in  the  patient's  certified
    23  medical  use  of marihuana poses a serious risk to the patient's life or
    24  health.
    25    (b) The department shall create the form to  be  used  for  a  special
    26  certification  and  shall make that form available to be downloaded from
    27  the department's website.
    28    § 3362. Lawful medical  use.  1.  The  possession,  acquisition,  use,
    29  delivery,  transfer,  transportation, or administration of medical mari-

    30  huana by a certified patient or designated caregiver possessing a  valid
    31  registry identification card, for certified medical use, shall be lawful
    32  under this title; provided that:
    33    (a)  the  marihuana  that may be possessed by a certified patient does
    34  not exceed a total weight of two ounces  of  marihuana  per  thirty  day
    35  period,  or  a greater or lesser amount specified by the practitioner in
    36  the certification; provided that during the last seven days of the thir-
    37  ty day period, the certified patient may also possess up to such  amount
    38  for the next thirty day period; and
    39    (b) the marihuana that may be possessed by a designated caregiver does
    40  not  exceed the quantities referred to in paragraph (a) of this subdivi-

    41  sion for each certified patient for whom the caregiver possesses a valid
    42  registry identification card, up to five certified patients; and
    43    (c) the form or forms of medical marihuana that may  be  possessed  by
    44  the  certified  patient  or  designated  caregiver pursuant to a certif-
    45  ication shall be in compliance with any recommendation or limitation  by
    46  the  practitioner as to the form or forms of medical marihuana or dosage
    47  for the certified patient in the certification; and
    48    (d) the medical marihuana shall be kept in  the  original  package  in
    49  which  it  was  dispensed  under subdivision ten of section thirty-three
    50  hundred sixty-four of this title, except for  the  portion  removed  for

    51  immediate  consumption  for  certified  medical  use  by  the  certified
    52  patient.
    53    2. Notwithstanding subdivision one of this section:
    54    (a) possession of medical marihuana shall not  be  lawful  under  this
    55  title  if  it  is  smoked  in  a public place, regardless of the form of
    56  medical marihuana stated in the patient's certification;

        S. 4406--D                          6
 
     1    (b) medical marihuana may not be smoked in any place where tobacco may
     2  not be smoked under article thirteen-E of this  chapter,  regardless  of
     3  the form of medical marihuana stated in the patient's certification;
     4    (c)  medical  marihuana  may  not be smoked by anyone under the age of

     5  twenty-one. This shall not preclude the use  of  any  vaporized  medical
     6  marihuana; and
     7    (d)  a  person  possessing  medical  marihuana  under this title shall
     8  possess his or her registry identification card at  all  times  when  in
     9  immediate possession of medical marihuana.
    10    §  3363.  Registry  identification  cards.    1.  Upon approval of the
    11  certification, the department shall issue registry identification  cards
    12  for certified patients and designated caregivers. A registry identifica-
    13  tion  card  shall  expire  as  provided  in section thirty-three hundred
    14  sixty-one of this title or as otherwise provided in  this  section.  The
    15  department  shall begin issuing registry identification cards as soon as

    16  practicable, and no later than one year, after  the  effective  date  of
    17  this section.  The department may specify a form for a registry applica-
    18  tion,  in  which  case the department shall provide the form on request,
    19  reproductions of the form may be used, and the form shall  be  available
    20  for downloading from the department's website.
    21    2.  To obtain, amend or renew a registry identification card, a certi-
    22  fied patient or designated caregiver shall file a  registry  application
    23  with  the  department.  The  registry application or renewal application
    24  shall include:
    25    (a) in the case of a certified patient, the original patient's certif-
    26  ication (a new written certification shall be provided  with  a  renewal
    27  application);

    28    (b) in the case of a certified patient,
    29    (i) the name, address, and date of birth of the patient;
    30    (ii) the date of the certification;
    31    (iii)  if  the  patient  has a registry identification card based on a
    32  current valid certification,  the  registry  identification  number  and
    33  expiration date of that registry identification card;
    34    (iv)  the  specified  date  until which the patient would benefit from
    35  medical marihuana, if the certification states such a date;
    36    (v) the name, address,  federal  registration  number,  and  telephone
    37  number of the certifying practitioner;
    38    (vi)  any  recommendation  or limitation by the practitioner as to the
    39  form or forms of medical marihuana or dosage for the certified  patient;

    40  and
    41    (vii) other individual identifying information required by the depart-
    42  ment;
    43    (c)  in  the  case of a certified patient, if the patient designates a
    44  designated caregiver, the name, address, and date of birth of the desig-
    45  nated caregiver, and other individual identifying  information  required
    46  by  the  department;  a certified patient may designate up to two desig-
    47  nated caregivers;
    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;

        S. 4406--D                          7
 
     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. If the department has not established and made available a form for
     7  a  registry application or renewal application and determined the appli-

     8  cation fee if any, or established and made available a form for a regis-
     9  try application or renewal application and  determined  the  application
    10  fee  for  a special certification, then in the case of a special certif-
    11  ication, a registry application or renewal  application  that  otherwise
    12  conforms with the requirements of this section shall not require the use
    13  of a form or the payment of an application fee.
    14    4.  Where  an  applicant chooses to apply under the provisions of this
    15  title relating  to  a  special  certification,  regulations  under  this
    16  section  may  require  the  applicant to submit additional documentation
    17  establishing the clinical basis for the special certification.
    18    5. Where a certified patient is under the age of eighteen:

    19    (a) The application for a registry identification card shall  be  made
    20  by  an  appropriate person over twenty-one years of age. The application
    21  shall state facts demonstrating that the person is appropriate.
    22    (b) The designated caregiver shall be (i) a parent or  legal  guardian
    23  of  the certified patient, (ii) a person designated by a parent or legal
    24  guardian, or (iii) an appropriate person approved by the department upon
    25  a sufficient showing that no parent or legal guardian is appropriate  or
    26  available.
    27    6.  No  person  may  be  a designated caregiver if the person is under
    28  twenty-one years of age unless a  sufficient  showing  is  made  to  the
    29  department  that the person should be permitted to serve as a designated

    30  caregiver.
    31    7.  No person may be a designated caregiver for more than five  certi-
    32  fied patients at one time.
    33    8.  The  department shall issue separate registry identification cards
    34  for certified patients and designated caregivers within thirty  days  of
    35  receiving  a  complete  application under this section, unless it deter-
    36  mines that the application is  incomplete  or  facially  inaccurate,  in
    37  which case it shall promptly notify the applicant.
    38    9.  If the application of a certified patient designates an individual
    39  as a designated caregiver who is not authorized to be a designated care-
    40  giver, that portion of the application shall be denied by the department

    41  but that shall not affect the approval of the balance  of  the  applica-
    42  tion.
    43    10. A registry identification card shall:
    44    (a)  contain the name of the certified patient or the designated care-
    45  giver as the case may be;
    46    (b) contain the date of issuance and expiration date of  the  registry
    47  identification card;
    48    (c) contain a registry identification number for the certified patient
    49  or  designated  caregiver, as the case may be and a registry identifica-
    50  tion number;
    51    (d) contain a photograph of the individual to whom the registry  iden-
    52  tification  card is being issued, which shall be obtained by the depart-
    53  ment in a manner specified by the commissioner in regulations; provided,

    54  however, that if the department requires certified  patients  to  submit
    55  photographs  for this purpose, there shall be a reasonable accommodation
    56  of certified patients who are confined  to  their  homes  due  to  their

        S. 4406--D                          8
 
     1  medical  conditions  and  may therefore have difficulty procuring photo-
     2  graphs;
     3    (e) be a secure document; and
     4    (f) plainly state any recommendation or limitation by the practitioner
     5  as to the form or forms of medical marihuana or dosage for the certified
     6  patient.
     7    11.  A certified patient or designated caregiver who has been issued a
     8  registry identification card shall notify the department of  any  change

     9  in  his or her name or address or, with respect to the patient, or if he
    10  or she ceases to have the serious condition noted on  the  certification
    11  within ten days of such change.
    12    12.  If  a  certified patient or designated caregiver loses his or her
    13  registry identification card, he or she shall notify the department  and
    14  submit  a  ten dollar fee within ten days of losing the card to maintain
    15  the registration.  The department may establish higher fees for  issuing
    16  a  new  registry  identification card for second and subsequent replace-
    17  ments for a lost card, provided, that the department may waive or reduce
    18  the fee in cases of financial hardship.   Within five  days  after  such

    19  notification  and  payment,  the  department  shall issue a new registry
    20  identification card, which may contain  a  new  registry  identification
    21  number,  to  the  certified patient or designated caregiver, as the case
    22  may be.
    23    13. The department shall maintain a confidential list of  the  persons
    24  to whom it has issued registry identification cards.  Individual identi-
    25  fying  information  obtained by the department under this title shall be
    26  confidential and exempt from disclosure under article six of the  public
    27  officers law. Notwithstanding this subdivision, the department may noti-
    28  fy any appropriate law enforcement agency of information relating to any
    29  violation or suspected violation of this title.

    30    14.  The  department  shall  verify to law enforcement personnel in an
    31  appropriate case whether a registry identification card is valid.
    32    15. If a certified patient or designated caregiver willfully  violates
    33  any  provision of this title as determined by the department, his or her
    34  registry identification card may be suspended or revoked.   This  is  in
    35  addition to any other penalty that may apply.
    36    16.  (a)  As  used  in  this subdivision, the "registry implementation
    37  date" is the date determined by the commissioner when the department  is
    38  ready  to  receive  and  expeditiously  act on applications for registry
    39  identification cards under this section.
    40    (b) This paragraph shall apply on and after the  registry  implementa-

    41  tion  date,  and  shall apply before the registry implementation date in
    42  the case of a special certification.  Upon receipt of an application for
    43  a registry identification card, the department shall send to the  appli-
    44  cant  a  letter  acknowledging such receipt. While the application for a
    45  registry identification card is pending, a copy of the registry applica-
    46  tion, together with a copy of the certification (in the case of a certi-
    47  fied patient) and a copy of the letter of receipt from  the  department,
    48  shall  serve  as  and  have the same effect as a registry identification
    49  card for the certified patient or designated caregiver, provided that  a
    50  certification  and application shall not serve as a valid registry iden-

    51  tification card after the initial thirty day  period  under  subdivision
    52  seven of this section.
    53    §  3364.  Registered organizations. 1. A registered organization shall
    54  be a for-profit business entity or not-for-profit corporation  organized
    55  for the purpose of acquiring, possessing, manufacturing, selling, deliv-

        S. 4406--D                          9
 
     1  ering,  transporting, distributing or dispensing marihuana for certified
     2  medical use.
     3    2.  The acquiring, possession, manufacture, sale, delivery, transport-
     4  ing, distributing or dispensing of marihuana by a  registered  organiza-
     5  tion  under this title in accordance with its registration under section

     6  thirty-three hundred sixty-five of this title or a renewal thereof shall
     7  be lawful under this  title.  A  registered  organization  may  transfer
     8  possession  of  marihuana  to, and may recover possession of it from, an
     9  entity licensed by the department  under  section  thirty-three  hundred
    10  twenty-four of this article for purposes of chemical analysis.
    11    3.  (a)  A  registered organization may lawfully, in good faith, sell,
    12  deliver, distribute or dispense medical marihuana to a certified patient
    13  or designated caregiver upon presentation to the registered organization
    14  of a valid registry identification card for that  certified  patient  or
    15  designated  caregiver.  When  presented with the registry identification

    16  card, the registered organization shall provide to the certified patient
    17  or designated caregiver a receipt, which shall state: the name, address,
    18  and registry identification number of the registered  organization;  the
    19  name and registry identification number of the certified patient and the
    20  designated  caregiver  (if  any);  the  date the marihuana was sold; any
    21  recommendation or limitation by the practitioner as to the form or forms
    22  of medical marihuana or dosage for the certified patient; and  the  form
    23  and  the quantity of medical marihuana sold. The registered organization
    24  shall retain a copy of the registry identification card and the  receipt
    25  for six years.
    26    (b)  The registered organization shall report to the department, under

    27  sections thirty-three  hundred  thirty-three  and  thirty-three  hundred
    28  forty-three-a  of  this article, the information required to be included
    29  in the receipt under this subdivision.
    30    4. (a) No registered organization may  sell,  deliver,  distribute  or
    31  dispense  to any certified patient or designated caregiver a quantity of
    32  medical marihuana larger  than  that  individual  would  be  allowed  to
    33  possess under this title.
    34    (b) When dispensing medical marihuana to a certified patient or desig-
    35  nated  caregiver,  the registered organization (i) shall not dispense an
    36  amount such that the certified patient will  have  been  dispensed  more
    37  than  two  ounces  (or such greater or lesser amount as specified in the

    38  certification) of medical marihuana in the previous thirty days,  count-
    39  ing  the  amount  being  dispensed,  from  all registered organizations;
    40  provided that during the last seven days of the thirty day  period,  the
    41  certified  patient  may also be dispensed up to such amount for the next
    42  thirty day period, and (ii) shall verify the foregoing by consulting the
    43  prescription monitoring  program  registry  under  section  thirty-three
    44  hundred forty-three-a of this article.
    45    (c)  Medical  marihuana dispensed to a certified patient or designated
    46  caregiver by a registered organization shall conform to any  recommenda-
    47  tion  or  limitation  by  the  practitioner  as  to the form or forms of
    48  medical marihuana or dosage for the certified patient.

    49    5. When a registered  organization  sells,  delivers,  distributes  or
    50  dispenses  medical  marihuana to a certified patient or designated care-
    51  giver, it shall provide to that individual a safety insert,  which  will
    52  be  developed  and  approved by the commissioner and include, but not be
    53  limited to, information on:
    54    (a) methods for administering medical marihuana in individual doses,
    55    (b) any potential dangers stemming from the use of medical  marihuana,
    56  and

        S. 4406--D                         10
 
     1    (c) how to recognize what may be problematic usage of medical marihua-
     2  na and obtain appropriate services or treatment  for problematic usage.

     3    6.  Registered  organizations  shall  not  employ  anyone who has been
     4  convicted of any felony of sale or possession of  drugs,  narcotics,  or
     5  controlled  substances;  provided  that this subdivision only applies to
     6  (a) employees who come into contact with or  handle  medical  marihuana,
     7  and  (b)  a  conviction  less than ten years (not counting time spent in
     8  incarceration) prior to being employed, for which  the  person  has  not
     9  received  a  certificate of relief from disabilities or a certificate of
    10  good conduct under article twenty-three of the correction law.
    11    7. Manufacturing of medical marihuana  by  a  registered  organization
    12  shall  only  be  done in an indoor, enclosed, secure facility, which may
    13  include a greenhouse.

    14    8. A registered organization shall determine the quality, safety,  and
    15  clinical  strength of medical marihuana manufactured or dispensed by the
    16  registered organization, and shall provide documentation of that  quali-
    17  ty,  safety and clinical strength to the department and to any person or
    18  entity to which the medical marihuana is sold or dispensed.
    19    9. A registered organization shall be deemed  to  be  a  "health  care
    20  provider"  for  the purposes of title two-D of article two of this chap-
    21  ter.
    22    10. Medical marihuana shall be dispensed to  a  certified  patient  or
    23  designated  caregiver  in  a  sealed and properly labeled package.   The
    24  labeling shall contain: (a) the information required to be  included  in

    25  the receipt provided to the certified patient or designated caregiver by
    26  the  registered organization; (b) the packaging date; (c) any applicable
    27  date by which the medical marihuana should be used; (d) a warning  stat-
    28  ing,  "This  product is for medicinal use only. Women should not consume
    29  during pregnancy or while breastfeeding except  on  the  advice  of  the
    30  certifying  health  care  practitioner, and in the case of breastfeeding
    31  mothers, including the infant's pediatrician. This product might  impair
    32  the  ability  to  drive.    Keep out of reach of children."; and (e) the
    33  amount of individual doses contained within.
    34    § 3365. Registering of registered organizations.  1.  Application  for

    35  initial  registration. (a) An applicant for registration as a registered
    36  organization under section thirty-three hundred sixty-four of this title
    37  shall furnish to the department a description of the activities in which
    38  it intends to engage as a registered organization  and  any  information
    39  the department shall reasonably require and evidence that the applicant:
    40    (i) and its managing officers are of good moral character;
    41    (ii) possesses or has the right to use sufficient land, buildings, and
    42  other  premises (which shall be specified in the application) and equip-
    43  ment to properly carry on the activity described in the application,  or
    44  in the alternative posts a bond of not less than two million dollars;

    45    (iii)  is  able  to maintain effective security and control to prevent
    46  diversion, abuse, and other illegal conduct relating to the marihuana;
    47    (iv) is able to comply with all applicable state laws and  regulations
    48  relating  to  the  activities  in  which  it intends to engage under the
    49  registration; and
    50    (v) has entered into a labor peace agreement with  a  bona-fide  labor
    51  organization  that  is actively engaged in representing or attempting to
    52  represent the applicant's employees.  The maintenance of  such  a  labor
    53  peace agreement shall be an ongoing material condition of certification.
    54    (b) The application shall establish the applicant's status under para-
    55  graph  (a)  or  (b)  of  subdivision one of section thirty-three hundred

    56  sixty-four of this title.

        S. 4406--D                         11
 
     1    (c) The application shall include  the  name,  residence  address  and
     2  title  of  each of the officers and directors and the name and residence
     3  address of any person or entity that is a member of the applicant.  Each
     4  such person, if an individual, or lawful representative if a legal enti-
     5  ty, shall submit an affidavit with the application setting forth:
     6    (i)  any  position of management or ownership during the preceding ten
     7  years of a ten per centum or greater interest  in  any  other  business,
     8  located in or outside this state, manufacturing or distributing drugs;
     9    (ii)  whether such person or any such business has been convicted of a

    10  felony or had a registration or license  suspended  or  revoked  in  any
    11  administrative or judicial proceeding; and
    12    (iii)  such  other  information  as  the  commissioner  may reasonably
    13  require.
    14    (d) The applicant shall be under a continuing duty to  report  to  the
    15  department  any change in facts or circumstances reflected in the appli-
    16  cation or any newly discovered or occurring fact or  circumstance  which
    17  is required to be included in the application.
    18    (e)  In  reviewing  applications, the department shall give additional
    19  consideration to applicants that utilize a vertical  integration  model.
    20  For purposes of this title, a vertical integration model shall be one in

    21  which  a  registered organization possesses licenses for both production
    22  and dispensing.
    23    2. Granting of registration. (a) The commissioner shall grant a regis-
    24  tration or amendment to a registration under this section if he  or  she
    25  is satisfied that:
    26    (i)  the  applicant will be able to maintain effective control against
    27  diversion of marihuana;
    28    (ii) the applicant will be able to comply with  all  applicable  state
    29  laws;
    30    (iii)  the  applicant  and its officers are ready, willing and able to
    31  properly carry on the manufacturing or distributing activity for which a
    32  registration is sought;
    33    (iv) the applicant possesses or has the right to use sufficient  land,

    34  buildings  and  equipment to properly carry on the activity described in
    35  the application;
    36    (v) it is in the public interest that such  registration  be  granted;
    37  the commissioner may consider whether the number of registered organiza-
    38  tions  in  an area will be adequate or excessive to reasonably serve the
    39  area;
    40    (vi) the applicant and its managing officers are of good moral charac-
    41  ter; and
    42    (vii) the applicant has entered into a labor peace  agreement  with  a
    43  bona-fide labor organization that is actively engaged in representing or
    44  attempting to represent the applicant's employees.
    45    (b)  If the commissioner is not satisfied that the applicant should be

    46  issued a registration, he or she shall notify the applicant  in  writing
    47  of  those factors upon which further evidence is required. Within thirty
    48  days of the receipt of such notification, the applicant may submit addi-
    49  tional material to the commissioner or demand a hearing, or both.
    50    (c) The fee for a registration under this section shall be  a  reason-
    51  able  amount  determined  by  the  department  in regulations; provided,
    52  however, if the registration is issued for a  period  greater  than  two
    53  years the fee shall be increased, pro rata, for each additional month of
    54  validity.
    55    (d)  Registrations  issued  under this section shall be effective only
    56  for and shall specify:


        S. 4406--D                         12
 
     1    (i) the name and address of the registered organization;
     2    (ii)  which  activities  of a registered organization are permitted by
     3  the registration;
     4    (iii) the land, buildings and facilities that  may  be  used  for  the
     5  permitted activities of the registered organization; and
     6    (iv)  such  other matters as the commissioner shall reasonably provide
     7  to assure compliance with this title.
     8    (e) Upon application of a registered organization, a registration  may
     9  be  amended  to allow the registered organization to relocate within the
    10  state or to add or delete permitted registered  organization  activities
    11  or  facilities.  The  fee  for such amendment shall be two hundred fifty

    12  dollars.
    13    3. A registration issued under this section shall  be  valid  for  two
    14  years  from  the  date  of issue, except that in order to facilitate the
    15  renewals of such registrations, the commissioner may  upon  the  initial
    16  application  for  a  registration,  issue  some  registrations which may
    17  remain valid for a period of time greater than two years but not exceed-
    18  ing an additional eleven months.
    19    4. Applications for renewal of registrations. (a) An  application  for
    20  the renewal of any registration issued under this section shall be filed
    21  with  the  department not more than six months nor less than four months
    22  prior to the  expiration  thereof.  A  late-filed  application  for  the

    23  renewal of a registration may, in the discretion of the commissioner, be
    24  treated as an application for an initial license.
    25    (b)  The  application  for  renewal  shall  include  such  information
    26  prepared in the manner and  detail  as  the  commissioner  may  require,
    27  including but not limited to:
    28    (i)  any  material  change  in  the circumstances or factors listed in
    29  subdivision one of this section; and
    30    (ii) every known charge or investigation, pending or concluded  during
    31  the  period of the registration, by any governmental agency with respect
    32  to:
    33    (A) each incident or alleged incident involving the  theft,  loss,  or
    34  possible  diversion  of  marihuana  manufactured  or  distributed by the

    35  applicant; and
    36    (B) compliance by the applicant  with  the  laws  of  the  state  with
    37  respect  to  any substance listed in section thirty-three hundred six of
    38  this article.
    39    (c) An applicant for renewal shall  be  under  a  continuing  duty  to
    40  report  to the department any change in facts or circumstances reflected
    41  in the application or any newly discovered or occurring fact or  circum-
    42  stance which is required to be included in the application.
    43    (d)  If  the commissioner is not satisfied that the applicant is enti-
    44  tled to a renewal of the registration, he or she shall within forty-five
    45  days after the filing of the application serve upon the applicant or his

    46  or her attorney of record in person or by registered or  certified  mail
    47  an  order  directing the applicant to show cause why his or her applica-
    48  tion for renewal should not be denied. The order shall specify in detail
    49  the respects in which the applicant has not satisfied  the  commissioner
    50  that the registration should be renewed.
    51    (e)  Within  thirty  days  of service of such order, the applicant may
    52  submit additional material to the commissioner or demand  a  hearing  or
    53  both.  If  a  hearing  is demanded the commissioner shall fix a date for
    54  hearing not sooner than fifteen days nor later than  thirty  days  after
    55  receipt  of  the  demand,  unless  such time limitation is waived by the
    56  applicant.


        S. 4406--D                         13
 
     1    5. Granting of renewal of registrations. (a)  The  commissioner  shall
     2  renew a registration unless he or she determines and finds that:
     3    (i)  the  applicant  is  unlikely  to  maintain or be able to maintain
     4  effective control against diversion; or
     5    (ii) the applicant is unlikely to comply with all state laws  applica-
     6  ble to the activities in which it may engage under the registration;
     7    (iii)  it  is  not  in  the  public interest to renew the registration
     8  because the number of registered organizations in an area  is  excessive
     9  to reasonably serve the area; or
    10    (iv)  the  applicant has either violated or terminated its labor peace
    11  agreement.

    12    (b) For purposes of this section, proof that  a  registered  organiza-
    13  tion,  during  the  period  of  its registration, has failed to maintain
    14  effective control against diversion  or  has  knowingly  or  negligently
    15  failed  to  comply with applicable state laws relating to the activities
    16  in which it engages under the registration, shall constitute substantial
    17  evidence that the applicant  will  be  unlikely  to  maintain  effective
    18  control  against diversion or will be unlikely to comply with the appli-
    19  cable state statutes during the period of proposed renewal.
    20    6. The department may suspend  or  terminate  the  registration  of  a
    21  registered  organization,  on  grounds  and  using procedures under this

    22  article relating to a license, to the extent consistent with this title.
    23  The department shall suspend or terminate the registration in the  event
    24  that  a  registered  organization  violates or terminates the applicable
    25  labor peace agreement. Conduct in compliance with this title, but  which
    26  may  violate conflicting federal law, shall not be grounds to suspend or
    27  terminate a registration.
    28    7. A registered  organization  is  entitled  to  all  of  the  rights,
    29  protections, and procedures provided to a licensee under this article.
    30    8.  The  department  shall  begin issuing registrations for registered
    31  organizations no later than one year after the effective  date  of  this
    32  section.

    33    9.  The  commissioner shall determine the appropriate number of regis-
    34  tered organizations and  facilities  to  promote  reasonable  access  to
    35  medical  marihuana in the interest of certified patients and the public.
    36  During the first two years after this title takes  effect,  the  commis-
    37  sioner  shall register no more than twenty registered organizations that
    38  manufacture medical marihuana.
    39    § 3366. Expedited registration of registered organizations.  1.    The
    40  purpose of this section is to expedite the availability of medical mari-
    41  huana to avoid suffering and loss of life, during the period before full
    42  implementation  of  and  production  under this title, especially in the

    43  case of patients whose serious condition is progressive and degenerative
    44  or is such that delay in the patient's medical use of marihuana poses  a
    45  serious  risk  to  the  patient's life or health. The commissioner shall
    46  implement this section as expeditiously  as  practicable,  including  by
    47  emergency regulation.
    48    2.  The  department  shall  begin accepting and acting on applications
    49  under this section for registered organizations as soon  as  practicable
    50  after the effective date of this title.
    51    3.  For the purposes of this section, and for specified limited times,
    52  the commissioner may waive or modify the requirements  of  this  article
    53  relating  to  registered  organizations, consistent with the legislative

    54  intent and purpose of this title and this section.  Where  a  registered
    55  organization  operates  in  a  jurisdiction  other than the state of New
    56  York, under licensure or other governmental recognition of  that  juris-

        S. 4406--D                         14
 
     1  diction, and the laws of that jurisdiction are acceptable to the commis-
     2  sioner  as  consistent  with  the legislative intent and purpose of this
     3  title and this section, then the commissioner may accept that  licensure
     4  or  recognition  as  wholly  or partially satisfying the requirements of
     5  this title, for purposes of the registration and operation of the regis-
     6  tered organization under this section.

     7    4. In considering applications under this  section  for  registration,
     8  the commissioner shall give preference to the following:
     9    (a)  applicants  that  are  currently producing or providing or have a
    10  history of producing or providing medical marihuana in  other  jurisdic-
    11  tions in full compliance with the laws of the jurisdiction;
    12    (b)  applicants  that are able and qualified to both produce, distrib-
    13  ute, and dispense medical marihuana to patients expeditiously;
    14    (c) applicants that propose locations for dispensing by the registered
    15  organization, which ensure, to the greatest extent possible, that certi-
    16  fied patients throughout the state have access to a registered organiza-
    17  tion.

    18    5. The commissioner  may  limit  registered  organizations  registered
    19  under this section to serving patients with special certifications.
    20    6.  A  registered organization registered under this section may apply
    21  under section thirty-three hundred sixty-five of this title  to  receive
    22  or renew registration.
    23    §  3367.  Reports  by  registered  organizations.  1. The commissioner
    24  shall, by regulation,  require  each  registered  organization  to  file
    25  reports  by the registered organization during a particular period.  The
    26  commissioner shall determine the information  to  be  reported  and  the
    27  forms, time, and manner of the reporting.
    28    2.  The  commissioner  shall,  by  regulation, require each registered

    29  organization to adopt and maintain security, tracking,  record  keeping,
    30  record retention and surveillance systems, relating to all medical mari-
    31  huana at every stage of acquiring, possession, manufacture, sale, deliv-
    32  ery,  transporting, distributing, or dispensing by the registered organ-
    33  ization, subject to regulations of the commissioner.
    34    § 3368. Evaluation; research programs; report by  department.  1.  The
    35  commissioner  may  provide for the analysis and evaluation of the opera-
    36  tion of this title. The commissioner may enter into agreements with  one
    37  or more persons, not-for-profit corporations or other organizations, for
    38  the performance of an evaluation of the implementation and effectiveness
    39  of this title.

    40    2.  The  department  may  develop, seek any necessary federal approval
    41  for, and carry out research programs relating to medical use of marihua-
    42  na.  Participation in any such research program shall  be  voluntary  on
    43  the part of practitioners, patients, and designated caregivers.
    44    3.  The  department  shall report every two years, beginning two years
    45  after the effective date of this title, to the governor and the legisla-
    46  ture on the medical use of marihuana under this title and make appropri-
    47  ate recommendations.
    48    § 3369. Relation to other laws. 1. (a) The provisions of this  article
    49  shall  apply  to this title, except that where a provision of this title
    50  conflicts with another provision  of  this  article,  this  title  shall

    51  apply.
    52    (b)  Medical marihuana shall not be deemed to be a "drug" for purposes
    53  of article one hundred thirty-seven of the education law.
    54    2. Nothing in this title shall be construed to require an  insurer  or
    55  health  plan under this chapter or the insurance law to provide coverage
    56  for medical marihuana. Nothing in  this  title  shall  be  construed  to

        S. 4406--D                         15
 
     1  require coverage for medical marihuana under article twenty-five of this
     2  chapter or article five of the social services law.
     3    3.  A  person  or  entity  shall  not  be subject to criminal or civil
     4  liability or professional discipline for acting reasonably and  in  good
     5  faith pursuant to this title.

     6    §  3369-a. Protections for the medical use of marihuana. 1.  Certified
     7  patients, designated caregivers, practitioners, registered organizations
     8  and the employees of registered organizations shall not  be  subject  to
     9  arrest,  prosecution,  or  penalty in any manner, or denied any right or
    10  privilege, including but not limited to civil  penalty  or  disciplinary
    11  action  by a business or occupational or professional licensing board or
    12  bureau, solely for the certified medical use or manufacture of  marihua-
    13  na, or for any other action or conduct in accordance with this title.
    14    2.  Incidental  amount  of  marihuana. Any incidental amount of seeds,
    15  stalks, and unusable roots shall not be included in the  amounts  speci-

    16  fied  in  subdivision  one  of section thirty-three hundred sixty-two of
    17  this title.
    18    3. Non-discrimination.  Being a certified patient shall be  deemed  to
    19  be  having  a  "disability"  under  article fifteen of the executive law
    20  (human rights law), section forty-c of the civil  rights  law,  sections
    21  240.00,  485.00,  and 485.05 of the penal law, and section 200.50 of the
    22  criminal procedure law. This subdivision shall not bar  the  enforcement
    23  of  a  policy prohibiting an employee from performing his or her employ-
    24  ment duties under the influence of a controlled substance. A school  may
    25  not  refuse  to  enroll  or  otherwise penalize a person solely for that
    26  person's status as a certified patient  or  designated  caregiver.  This

    27  subdivision  shall  not  require any person or entity to do any act that
    28  would put the person or entity in violation of federal law or  cause  it
    29  to lose a federal contract or funding.
    30    4.  Person may not be denied medical care, including organ transplant.
    31  For the  purposes  of  medical  care,  including  organ  transplants,  a
    32  patient's  medical  use  of marihuana shall not constitute the use of an
    33  illicit substance and may only be considered with respect  to  evidence-
    34  based clinical criteria.
    35    5.  Person  may not be denied custody or visitation of minor. A person
    36  shall not be denied custody or visitation  of  a  minor  for  acting  in
    37  accordance  with this title unless the person's behavior is such that it

    38  creates an unreasonable danger to the minor that can be  clearly  artic-
    39  ulated and substantiated.
    40    §  3369-b.  Regulations.  The  commissioner  shall make regulations to
    41  implement this title.
    42    § 3369-c. Severability. If any provision of this title or the applica-
    43  tion thereof to any person or circumstance is held invalid,  such  inva-
    44  lidity  shall  not affect other provisions or applications of this title
    45  which can be given effect without the invalid provision or  application,
    46  and to this end the provisions of this title are severable.
    47    §  3.  Section  3343-a of the public health law is amended by adding a
    48  new subdivision 8-a to read as follows:
    49    8-a. Medical marihuana. As used  in  any  provision  of  this  article

    50  relating  to the prescription monitoring program registry, the following
    51  terms shall include the following in relation to medical  marihuana,  in
    52  addition to the meaning each term would otherwise have:
    53    (a)  "Prescription,"  "prescribe,"  and "prescriber," include, respec-
    54  tively, a certification, the issuing of a certification, and  a  practi-
    55  tioner under title five-A of this article.

        S. 4406--D                         16
 
     1    (b)  "Pharmacy"  includes a registered organization that is authorized
     2  to dispense medical  marihuana  under  title  five-A  of  this  article;
     3  provided  that a registered organization that is not a facility licensed
     4  under article twenty-eight of this chapter or a pharmacy  under  article

     5  one  hundred  thirty-seven of the education law shall only be authorized
     6  to consult the registry or access patient-specific information from  the
     7  registry (including under subdivision three of this section and subdivi-
     8  sion two of section thirty-three hundred seventy-one of this article) in
     9  direct  relation  to  medical marihuana, but shall report information to
    10  the registry, including under subdivision four of  section  thirty-three
    11  hundred thirty-three of this article.
    12    (c)  "Patient-specific information," in relation to medical marihuana,
    13  shall not include information not required to be included in  a  certif-
    14  ication under title five-A of this article.
    15    (d)  "Controlled  substance" includes medical marihuana, regardless of

    16  whether the provision in which the term is found is limited to schedules
    17  other than schedule I of section thirty-three hundred six of this  arti-
    18  cle.
    19    (e)  "Medical marihuana" means medical marihuana under title five-A of
    20  this article.
    21    § 4. The tax law is amended by adding a new article 20-B  to  read  as
    22  follows:
    23                                ARTICLE 20-B
    24                          TAX ON MEDICAL MARIHUANA
    25  Section 490. Excise tax on medical marihuana.
    26    §  490.  Excise  tax on medical marihuana. 1. All definitions of terms
    27  applicable to title five-A of article thirty-three of the public  health
    28  law shall apply to this article.
    29    2.  There  is hereby levied and imposed on registered organizations an

    30  excise tax on all medical marihuana sold to another registered organiza-
    31  tion or to a certified patient or designated caregiver. The  excise  tax
    32  shall be at the rate of seven percent of the retail price of the medical
    33  marihuana dispensed.
    34    3.  Twenty-two  and five-tenths percent of the revenue received by the
    35  department shall be transferred to the county in New York state in which
    36  the medical marihuana was manufactured and  twenty-two  and  five-tenths
    37  percent  of  the revenue received by the department shall be transferred
    38  to the county in New York state  in  which  the  medical  marihuana  was
    39  dispensed.  For  purposes of the previous sentence, the city of New York
    40  shall be deemed to be a county.  Five percent of the revenue received by

    41  the department shall be transferred to  the  office  of  alcoholism  and
    42  substance  abuse  services,  which shall use that revenue for additional
    43  drug abuse prevention, counseling and treatment services.  Five  percent
    44  of  the  revenue  received by the department shall be transferred to the
    45  division of criminal justice services, which shall use that revenue  for
    46  a  program  of  discretionary  grants to state and local law enforcement
    47  agencies that demonstrate a need relating to  title  five-A  of  article
    48  thirty-three  of  the  public  health law. Said grants could be used for
    49  personnel costs of state and local law enforcement agencies.
    50    4. A registered organization that dispenses  medical  marihuana  shall

    51  provide to the department information on where the medical marihuana was
    52  dispensed and where the medical marihuana was manufactured. A registered
    53  organization that obtains marihuana from another registered organization
    54  shall  obtain from such registered organization information on where the
    55  medical marihuana was manufactured.
    56    5. The commissioner shall make regulations to implement this article.

        S. 4406--D                         17
 
     1    § 5. Section 853 of the general business law is amended  by  adding  a
     2  new subdivision 3 to read as follows:
     3    3.  This article shall not apply to any sale, furnishing or possession
     4  which is for a lawful purpose under title five-A of article thirty-three
     5  of the public health law.

     6    § 6. Section 221.00 of the penal law, as added by chapter 360  of  the
     7  laws of 1977, is amended to read as follows:
     8  § 221.00 Marihuana; definitions.
     9    Unless  the context in which they are used clearly otherwise requires,
    10  the terms occurring in this article shall have the same meaning ascribed
    11  to them in article two hundred twenty of this chapter.  Any act that  is
    12  lawful  under  title five-A of article thirty-three of the public health
    13  law is not a violation of this article.
    14    § 7.  This act shall take effect immediately.
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