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S05086 Summary:

Amd SS3360, 3361, 3363 & 3369-b, add S3365-a, Pub Health L
Creates an expedited access to medical marihuana in certain cases where a patient's condition is progressive and degenerative.
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S05086 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                    IN SENATE
                                     April 30, 2015
        Introduced  by  Sen.  GRIFFO -- 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  expedited  access
          to medical marihuana in certain cases
          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  hereby
     2  finds  and  declares  it  necessary to establish an emergency program to
     3  provide appropriate medical marihuana for certain patients whose serious
     4  condition is progressive and degenerative  or  for  whom  delay  in  the
     5  patient's certified medical use of marihuana poses a serious risk to the
     6  patient's life or health, and that emergency action is needed before the
     7  full medical marihuana program established under title V-A of article 33
     8  of  the public health law is implemented, to protect the life and health
     9  of these patients.
    10    § 2 Section 3360 of the public health law is amended by adding  a  new
    11  subdivision 18 to read as follows:
    12    18.  "Special  certification" means a special certification made under
    13  subdivision six of section thirty-three hundred sixty-one of this title.
    14    § 3. Section 3361 of the public health law is amended by adding a  new
    15  subdivision 9 to read as follows:
    16    9.(a)  A  certification may be a special certification if, in addition
    17  to the other requirements for a certification, the  practitioner  certi-
    18  fies  in  the  certification  that  the  patient's  serious condition is
    19  progressive and degenerative or that delay in  the  patient's  certified
    20  medical  use  of marihuana poses a serious risk to the patient's life or
    21  health.
    22    (b) The department shall create the form to  be  used  for  a  special
    23  certification  and  shall make that form available to be downloaded from
    24  the department's website.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5086                             2
     1    § 4. Section 3363 of the public health law is amended by adding a  new
     2  subdivision 16 to read as follows:
     3    16.  The  commissioner  shall  make  regulations  for  special certif-
     4  ications, which shall include expedited procedures and which may require
     5  the applicant to submit additional documentation establishing the  clin-
     6  ical  basis  for  the  special  certification. If the department has not
     7  established and made available a form  for  a  registry  application  or
     8  renewal application and determined the application fee if any, or estab-
     9  lished  and  made available a form for a registry application or renewal
    10  application and determined the application fee  for  a  special  certif-
    11  ication,  then in the case of a special certification, a registry appli-
    12  cation or renewal application that otherwise conforms with the  require-
    13  ments of this section shall not require the use of a form or the payment
    14  of an application fee.
    15    §  5.  The public health law is amended by adding a new section 3365-a
    16  to read as follows:
    17    § 3365-a. Expedited registration  of  registered  organizations.    1.
    18  There is hereby established in the department an emergency medical mari-
    19  huana  access  program  (referred  to  in this section as the "program")
    20  under this section. The purpose of the program is to expedite the avail-
    21  ability of medical marihuana to avoid suffering and loss of life, during
    22  the period before full  implementation  of  and  production  under  this
    23  title,  especially  in  the  case of patients whose serious condition is
    24  progressive and degenerative or is such  that  delay  in  the  patient's
    25  medical  use  of marihuana poses a serious risk to the patient's life or
    26  health. The commissioner shall implement the program as expeditiously as
    27  practicable, including by emergency regulation.
    28    2. The department shall begin accepting  and  acting  on  applications
    29  under  this  section for registered organizations as soon as practicable
    30  after the effective date of this section.
    31    3. For the purposes of this section, and for specified limited  times,
    32  the  commissioner  may  waive or modify the requirements of this article
    33  relating to registered organizations, consistent  with  the  legislative
    34  intent and purpose of this title and this section. Where an entity seek-
    35  ing  to  be  a  registered  organization under the program operates in a
    36  jurisdiction other than the state of New York, under licensure or  other
    37  governmental  recognition  of  that  jurisdiction,  and the laws of that
    38  jurisdiction are acceptable to the commissioner as consistent  with  the
    39  legislative  intent and purpose of this title and this section, then the
    40  commissioner may accept that  licensure  or  recognition  as  wholly  or
    41  partially satisfying the requirements of this title, for purposes of the
    42  registration  and  operation  of  the  registered organization under the
    43  program and this section.
    44    4. In considering an application  for  registration  as  a  registered
    45  organization  under this section, the commissioner shall give preference
    46  to the following:
    47    (a) an applicant that is currently producing or  providing  or  has  a
    48  history of producing or providing medical marihuana in another jurisdic-
    49  tion in full compliance with the laws of the jurisdiction;
    50    (b)  an applicant that is able and qualified to both produce, distrib-
    51  ute, and dispense medical marihuana to patients expeditiously;
    52    (c) an applicant that proposes a location or locations for  dispensing
    53  by  the  registered  organization,  which ensure, to the greatest extent
    54  possible, that certified patients  with  a  special  certification  have
    55  access to a registered organization.
    56    5. The commissioner may make regulations under this section:

        S. 5086                             3
     1    (a) limiting registered organizations registered under this section to
     2  serving patients with special certifications;
     3    (b)  limiting the allowable levels of cannabidiol and tetrahydrocanna-
     4  binol that may be contained in medical marihuana  authorized  under  the
     5  program, based on therapeutics and patient safety.
     6    6.  A  registered  organization  under  this  section  may apply under
     7  section thirty-three hundred sixty-five of  this  title  to  receive  or
     8  renew registration.
     9    §  6.  Section 3369-b of the public health law, as added by chapter 90
    10  of the laws of 2014, is amended to read as follows:
    11    § 3369-b. Effective date. Registry identification cards or  registered
    12  organization  registrations shall be issued or become effective no later
    13  than eighteen months from signing or until such time as the commissioner
    14  and the superintendent of state police certify that this  title  can  be
    15  implemented  in  accordance  with  public  health  and safety interests,
    16  whichever event comes later.  Prior to making  a  general  certification
    17  under  this  section,  the  commissioner and the superintendent of state
    18  police may make  a  certification  limited  to  accommodating  expedited
    19  access  for  patients  with  special  certifications  and for registered
    20  organizations under the emergency medical marihuana access program under
    21  section thirty-three hundred sixty-five-a of this title.
    22    § 7. This act shall take effect immediately,  provided  however,  that
    23  the  amendments to title 5-A of article 33 of the public health law made
    24  by sections two through six of this act shall not affect the  expiration
    25  and  repeal of such title and shall expire and be deemed repealed there-
    26  with.
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