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S07923 Actions:

BILL NO    S07923 

06/19/2014 REFERRED TO RULES
06/19/2014 ORDERED TO THIRD READING CAL.1659
06/20/2014 SUBSTITUTED BY A6357E
           A06357  AMEND=E  Gottfried (MS)
           03/26/2013 referred to health
           04/16/2013 reported referred to codes
           04/30/2013 reported referred to ways and means
           05/29/2013 reported 
           05/31/2013 advanced to third reading cal.477
           06/03/2013 passed assembly
           06/03/2013 delivered to senate
           06/03/2013 REFERRED TO HEALTH
           06/17/2013 recalled from senate
           06/17/2013 RETURNED TO ASSEMBLY
           06/17/2013 vote reconsidered - restored to third reading
           06/17/2013 amended on third reading 6357a
           01/08/2014 referred to health
           01/14/2014 reported referred to codes
           05/20/2014 reported referred to ways and means
           05/21/2014 amend and recommit to ways and means
           05/21/2014 print number 6357b
           05/27/2014 reported referred to rules
           05/27/2014 reported 
           05/27/2014 rules report cal.41
           05/27/2014 ordered to third reading rules cal.41
           05/27/2014 passed assembly
           05/27/2014 delivered to senate
           05/27/2014 REFERRED TO CODES
           06/09/2014 recalled from senate
           06/09/2014 RETURNED TO ASSEMBLY
           06/09/2014 vote reconsidered - restored to third reading
           06/09/2014 amended on third reading 6357c
           06/16/2014 recommitted to rules
           06/16/2014 amend and recommit to rules 6357d
           06/19/2014 amend (t) and recommit to rules
           06/19/2014 print number 6357e
           06/19/2014 reported 
           06/19/2014 rules report cal.598
           06/19/2014 ordered to third reading rules cal.598
           06/19/2014 message of necessity - 3 day message
           06/19/2014 repassed assembly
           06/19/2014 returned to senate
           06/19/2014 REFERRED TO RULES
           06/20/2014 SUBSTITUTED FOR S7923
           06/20/2014 3RD READING CAL.1659
           06/20/2014 MESSAGE OF NECESSITY - 3 DAY MESSAGE
           06/20/2014 PASSED SENATE
           06/20/2014 RETURNED TO ASSEMBLY
           06/24/2014 delivered to governor
           07/05/2014 signed chap.90
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S07923 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         7923

                                   I N  S E N A T E

                                     June 19, 2014
                                      ___________

       Introduced  by Sen. SAVINO -- (at request of the Governor) -- read twice
         and ordered printed, and when printed to be committed to the Committee
         on Rules

       AN ACT to amend the public health law, the tax law,  the  state  finance
         law,  the  general business law, the penal law and the criminal proce-
         dure law, in relation to medical use of marihuana; and  providing  for
         the repeal of such provisions upon expiration thereof

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Article 33 of the public health law is amended by adding  a
    2  new title 5-A to read as follows:
    3                                  TITLE V-A
    4                          MEDICAL USE OF MARIHUANA
    5  SECTION 3360.   DEFINITIONS.
    6          3361.   CERTIFICATION OF PATIENTS.
    7          3362.   LAWFUL MEDICAL USE.
    8          3363.   REGISTRY IDENTIFICATION CARDS.
    9          3364.   REGISTERED ORGANIZATIONS.
   10          3365.   REGISTERING OF REGISTERED ORGANIZATIONS.
   11          3366.   REPORTS BY REGISTERED ORGANIZATIONS.
   12          3367.   EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
   13          3368.   RELATION TO OTHER LAWS.
   14          3369.   PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA.
   15          3369-A. REGULATIONS.
   16          3369-B. EFFECTIVE DATE.
   17          3369-C. SUSPEND; TERMINATE.
   18          3369-D. PRICING.
   19          3369-E. SEVERABILITY.
   20    S  3360. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
   21  HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES  OTHER-
   22  WISE:
   23    1. "CERTIFIED MEDICAL USE" MEANS THE ACQUISITION, POSSESSION, USE, OR,
   24  TRANSPORTATION  OF  MEDICAL  MARIHUANA  BY  A  CERTIFIED PATIENT, OR THE
   25  ACQUISITION, POSSESSION, DELIVERY, TRANSPORTATION OR  ADMINISTRATION  OF

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12117-01-4
       S. 7923                             2

    1  MEDICAL  MARIHUANA  BY  A  DESIGNATED  CAREGIVER, FOR USE AS PART OF THE
    2  TREATMENT OF THE PATIENT'S SERIOUS CONDITION, AS AUTHORIZED IN A CERTIF-
    3  ICATION UNDER THIS TITLE INCLUDING  ENABLING  THE  PATIENT  TO  TOLERATE
    4  TREATMENT  FOR  THE  SERIOUS CONDITION. A CERTIFIED MEDICAL USE DOES NOT
    5  INCLUDE SMOKING.
    6    2. "CARING FOR" MEANS TREATING A PATIENT, IN THE COURSE OF  WHICH  THE
    7  PRACTITIONER  HAS  COMPLETED  A FULL ASSESSMENT OF THE PATIENT'S MEDICAL
    8  HISTORY AND CURRENT MEDICAL CONDITION.
    9    3. "CERTIFIED PATIENT" MEANS A PATIENT WHO IS A RESIDENT OF  NEW  YORK
   10  STATE OR RECEIVING CARE AND TREATMENT IN NEW YORK STATE AS DETERMINED BY
   11  THE   COMMISSIONER   IN  REGULATION,  AND  IS  CERTIFIED  UNDER  SECTION
   12  THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
   13    4.  "CERTIFICATION"  MEANS  A  CERTIFICATION,   MADE   UNDER   SECTION
   14  THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
   15    5.  "DESIGNATED CAREGIVER" MEANS THE INDIVIDUAL DESIGNATED BY A CERTI-
   16  FIED PATIENT IN A REGISTRY APPLICATION. A CERTIFIED PATIENT  MAY  DESIG-
   17  NATE UP TO TWO DESIGNATED CAREGIVERS.
   18    6. "PUBLIC PLACE" MEANS A PUBLIC PLACE AS DEFINED IN REGULATION BY THE
   19  COMMISSIONER.
   20    7. (A) "SERIOUS CONDITION" MEANS:
   21    (I)  HAVING ONE OF THE FOLLOWING SEVERE DEBILITATING OR LIFE-THREATEN-
   22  ING CONDITIONS:   CANCER, POSITIVE  STATUS  FOR  HUMAN  IMMUNODEFICIENCY
   23  VIRUS OR ACQUIRED IMMUNE DEFICIENCY SYNDROME, AMYOTROPHIC LATERAL SCLER-
   24  OSIS,  PARKINSON'S  DISEASE,  MULTIPLE  SCLEROSIS, DAMAGE TO THE NERVOUS
   25  TISSUE OF THE SPINAL CORD  WITH  OBJECTIVE  NEUROLOGICAL  INDICATION  OF
   26  INTRACTABLE  SPASTICITY,  EPILEPSY, INFLAMMATORY BOWEL DISEASE, NEUROPA-
   27  THIES, HUNTINGTON'S DISEASE, OR AS ADDED BY THE COMMISSIONER; AND
   28    (II) ANY OF THE FOLLOWING CONDITIONS WHERE IT IS CLINICALLY ASSOCIATED
   29  WITH, OR A COMPLICATION OF, A CONDITION  UNDER  THIS  PARAGRAPH  OR  ITS
   30  TREATMENT:  CACHEXIA OR WASTING SYNDROME; SEVERE OR CHRONIC PAIN; SEVERE
   31  NAUSEA; SEIZURES; SEVERE OR PERSISTENT MUSCLE SPASMS; OR SUCH CONDITIONS
   32  AS ARE ADDED BY THE COMMISSIONER.
   33    (B) NO LATER THAN EIGHTEEN MONTHS FROM  THE  EFFECTIVE  DATE  OF  THIS
   34  SECTION,  THE  COMMISSIONER SHALL DETERMINE WHETHER TO ADD THE FOLLOWING
   35  SERIOUS   CONDITIONS:   ALZHEIMER'S,   MUSCULAR   DYSTROPHY,   DYSTONIA,
   36  POST-TRAUMATIC STRESS DISORDER AND RHEUMATOID ARTHRITIS.
   37    8. "MEDICAL MARIHUANA" MEANS MARIHUANA AS DEFINED IN SUBDIVISION TWEN-
   38  TY-ONE OF SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE, INTENDED FOR
   39  A CERTIFIED MEDICAL USE, AS DETERMINED BY THE COMMISSIONER IN HIS OR HER
   40  SOLE  DISCRETION.  ANY  FORM  OF  MEDICAL  MARIHUANA NOT APPROVED BY THE
   41  COMMISSIONER IS EXPRESSLY PROHIBITED.
   42    9. "REGISTERED ORGANIZATION" MEANS  A  REGISTERED  ORGANIZATION  UNDER
   43  SECTIONS   THIRTY-THREE  HUNDRED  SIXTY-FOUR  AND  THIRTY-THREE  HUNDRED
   44  SIXTY-FIVE OF THIS TITLE.
   45    10. "REGISTRY APPLICATION" MEANS AN APPLICATION PROPERLY COMPLETED AND
   46  FILED  WITH  THE  DEPARTMENT  BY  A  CERTIFIED  PATIENT  UNDER   SECTION
   47  THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
   48    11.  "REGISTRY IDENTIFICATION CARD" MEANS A DOCUMENT THAT IDENTIFIES A
   49  CERTIFIED PATIENT OR DESIGNATED CAREGIVER,  AS  PROVIDED  UNDER  SECTION
   50  THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
   51    12.  "PRACTITIONER"  MEANS  A  PRACTITIONER  WHO  (I)  IS  A PHYSICIAN
   52  LICENSED BY NEW YORK STATE AND PRACTICING WITHIN THE STATE, (II) WHO  BY
   53  TRAINING  OR  EXPERIENCE  IS  QUALIFIED  TO TREAT A SERIOUS CONDITION AS
   54  DEFINED IN SUBDIVISION SEVEN OF THIS SECTION; AND (III) HAS COMPLETED  A
   55  TWO  TO FOUR HOUR COURSE AS DETERMINED BY THE COMMISSIONER IN REGULATION
   56  AND REGISTERED WITH THE DEPARTMENT;  PROVIDED  HOWEVER,  A  REGISTRATION
       S. 7923                             3

    1  SHALL  NOT  BE  DENIED WITHOUT CAUSE. SUCH COURSE MAY COUNT TOWARD BOARD
    2  CERTIFICATION REQUIREMENTS. THE COMMISSIONER SHALL CONSIDER  THE  INCLU-
    3  SION  OF  NURSE PRACTITIONERS UNDER THIS TITLE BASED UPON CONSIDERATIONS
    4  INCLUDING  ACCESS AND AVAILABILITY. AFTER SUCH CONSIDERATION THE COMMIS-
    5  SIONER IS AUTHORIZED TO DEEM NURSE PRACTITIONERS AS PRACTITIONERS  UNDER
    6  THIS TITLE.
    7    13.  "TERMINALLY ILL" MEANS AN INDIVIDUAL HAS A MEDICAL PROGNOSIS THAT
    8  THE INDIVIDUAL'S LIFE EXPECTANCY IS APPROXIMATELY ONE YEAR  OR  LESS  IF
    9  THE ILLNESS RUNS ITS NORMAL COURSE.
   10    14. "LABOR PEACE AGREEMENT" MEANS AN AGREEMENT BETWEEN AN ENTITY AND A
   11  LABOR  ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S PROPRIETARY
   12  INTERESTS BY PROHIBITING LABOR ORGANIZATIONS AND MEMBERS  FROM  ENGAGING
   13  IN PICKETING, WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFER-
   14  ENCE WITH THE REGISTERED ORGANIZATION'S BUSINESS.
   15    15.  "INDIVIDUAL DOSE" MEANS A SINGLE MEASURE OF RAW MEDICAL MARIHUANA
   16  OR NON-INFUSED CONCENTRATES TO BE DETERMINED AND CLEARLY IDENTIFIED BY A
   17  PATIENT'S PRACTITIONER FOR THE PATIENT'S SPECIFIC  CERTIFIED  CONDITION.
   18  FOR  INGESTIBLE OR SUB-LINGUAL MEDICAL MARIHUANA PRODUCTS, NO INDIVIDUAL
   19  DOSE MAY CONTAIN MORE THAN TEN MILLIGRAMS OF TETRAHYDROCANNABINOL.
   20    16. "FORM OF MEDICAL MARIHUANA" MEANS CHARACTERISTICS OF  THE  MEDICAL
   21  MARIHUANA  RECOMMENDED  OR  LIMITED  FOR A PARTICULAR CERTIFIED PATIENT,
   22  INCLUDING THE METHOD OF CONSUMPTION AND ANY PARTICULAR STRAIN,  VARIETY,
   23  AND QUANTITY OR PERCENTAGE OF MARIHUANA OR PARTICULAR ACTIVE INGREDIENT.
   24    17.  "APPLICANT"  MEANS  A  FOR-PROFIT ENTITY OR NOT-FOR-PROFIT CORPO-
   25  RATION AND INCLUDES:  BOARD MEMBERS, OFFICERS, MANAGERS,  OWNERS,  PART-
   26  NERS,  PRINCIPAL  STAKEHOLDERS  AND MEMBERS WHO SUBMIT AN APPLICATION TO
   27  BECOME A REGISTERED ORGANIZATION.
   28    S 3361. CERTIFICATION OF PATIENTS. 1. A PATIENT CERTIFICATION MAY ONLY
   29  BE ISSUED IF: (A) A PRACTITIONER HAS BEEN REGISTERED WITH THE DEPARTMENT
   30  TO ISSUE A CERTIFICATION AS DETERMINED  BY  THE  COMMISSIONER;  (B)  THE
   31  PATIENT  HAS  A  SERIOUS  CONDITION,  WHICH  SHALL  BE  SPECIFIED IN THE
   32  PATIENT'S HEALTH CARE RECORD; (C) THE PRACTITIONER BY TRAINING OR  EXPE-
   33  RIENCE  IS  QUALIFIED TO TREAT THE SERIOUS CONDITION; (D) THE PATIENT IS
   34  UNDER THE PRACTITIONER'S CONTINUING CARE FOR THE SERIOUS CONDITION;  AND
   35  (E) IN THE PRACTITIONER'S PROFESSIONAL OPINION AND REVIEW OF PAST TREAT-
   36  MENTS,  THE PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE BENE-
   37  FIT FROM THE PRIMARY OR ADJUNCTIVE TREATMENT WITH MEDICAL USE  OF  MARI-
   38  HUANA FOR THE SERIOUS CONDITION.
   39    2.  THE  CERTIFICATION  SHALL  INCLUDE (A) THE NAME, DATE OF BIRTH AND
   40  ADDRESS OF THE PATIENT; (B) A STATEMENT THAT THE PATIENT HAS  A  SERIOUS
   41  CONDITION AND THE PATIENT IS UNDER THE PRACTITIONER'S CARE FOR THE SERI-
   42  OUS CONDITION; (C) A STATEMENT ATTESTING THAT ALL REQUIREMENTS OF SUBDI-
   43  VISION  ONE  OF  THIS SECTION HAVE BEEN SATISFIED; (D) THE DATE; AND (E)
   44  THE NAME, ADDRESS, FEDERAL REGISTRATION NUMBER,  TELEPHONE  NUMBER,  AND
   45  THE  HANDWRITTEN  SIGNATURE OF THE CERTIFYING PRACTITIONER.  THE COMMIS-
   46  SIONER MAY REQUIRE BY REGULATION THAT THE CERTIFICATION SHALL  BE  ON  A
   47  FORM  PROVIDED  BY  THE  DEPARTMENT.  THE  PRACTITIONER MAY STATE IN THE
   48  CERTIFICATION THAT, IN  THE  PRACTITIONER'S  PROFESSIONAL  OPINION,  THE
   49  PATIENT  WOULD  BENEFIT  FROM  MEDICAL  MARIHUANA ONLY UNTIL A SPECIFIED
   50  DATE. THE PRACTITIONER MAY STATE IN THE CERTIFICATION THAT, IN THE PRAC-
   51  TITIONER'S PROFESSIONAL OPINION, THE PATIENT IS TERMINALLY ILL AND  THAT
   52  THE CERTIFICATION SHALL NOT EXPIRE UNTIL THE PATIENT DIES.
   53    3. IN MAKING A CERTIFICATION, THE PRACTITIONER SHALL CONSIDER THE FORM
   54  OF MEDICAL MARIHUANA THE PATIENT SHOULD CONSUME, INCLUDING THE METHOD OF
   55  CONSUMPTION AND ANY PARTICULAR STRAIN, VARIETY, AND QUANTITY OR PERCENT-
   56  AGE  OF  MARIHUANA  OR  PARTICULAR  ACTIVE  INGREDIENT,  AND APPROPRIATE
       S. 7923                             4

    1  DOSAGE.  THE PRACTITIONER SHALL STATE IN THE CERTIFICATION ANY RECOMMEN-
    2  DATION OR LIMITATION THE PRACTITIONER MAKES, IN HIS OR HER  PROFESSIONAL
    3  OPINION,  CONCERNING  THE APPROPRIATE FORM OR FORMS OF MEDICAL MARIHUANA
    4  AND DOSAGE.
    5    4.  EVERY  PRACTITIONER SHALL CONSULT THE PRESCRIPTION MONITORING DRUG
    6  PROGRAM REGISTRY PRIOR TO MAKING OR ISSUING  A  CERTIFICATION,  FOR  THE
    7  PURPOSE  OF  REVIEWING  A  PATIENT'S  CONTROLLED  SUBSTANCE HISTORY. FOR
    8  PURPOSES OF THIS SECTION, A PRACTITIONER MAY  AUTHORIZE  A  DESIGNEE  TO
    9  CONSULT  THE  PRESCRIPTION  MONITORING  PROGRAM  REGISTRY  ON HIS OR HER
   10  BEHALF, PROVIDED THAT SUCH DESIGNATION IS  IN  ACCORDANCE  WITH  SECTION
   11  THIRTY-THREE HUNDRED FORTY-THREE-A OF THIS ARTICLE.
   12    5.  THE  PRACTITIONER  SHALL  GIVE  THE CERTIFICATION TO THE CERTIFIED
   13  PATIENT, AND PLACE A COPY IN THE PATIENT'S HEALTH CARE RECORD.
   14    6. NO PRACTITIONER SHALL ISSUE A CERTIFICATION UNDER THIS SECTION  FOR
   15  HIMSELF OR HERSELF.
   16    7.    A  REGISTRY  IDENTIFICATION  CARD BASED ON A CERTIFICATION SHALL
   17  EXPIRE ONE YEAR AFTER THE DATE THE CERTIFICATION IS SIGNED BY THE  PRAC-
   18  TITIONER.
   19    8.  (A)  IF  THE PRACTITIONER STATES IN THE CERTIFICATION THAT, IN THE
   20  PRACTITIONER'S PROFESSIONAL OPINION,  THE  PATIENT  WOULD  BENEFIT  FROM
   21  MEDICAL MARIHUANA ONLY UNTIL A SPECIFIED EARLIER DATE, THEN THE REGISTRY
   22  IDENTIFICATION CARD SHALL EXPIRE ON THAT DATE;
   23    (B)  IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT IN THE PRAC-
   24  TITIONER'S PROFESSIONAL OPINION THE PATIENT IS TERMINALLY ILL  AND  THAT
   25  THE  CERTIFICATION  SHALL  NOT  EXPIRE  UNTIL THE PATIENT DIES, THEN THE
   26  REGISTRY IDENTIFICATION CARD SHALL STATE THAT THE PATIENT IS  TERMINALLY
   27  ILL  AND  THAT  THE REGISTRATION CARD SHALL NOT EXPIRE UNTIL THE PATIENT
   28  DIES;
   29    (C) IF THE PRACTITIONER RE-ISSUES THE CERTIFICATION TO  TERMINATE  THE
   30  CERTIFICATION  ON AN EARLIER DATE, THEN THE REGISTRY IDENTIFICATION CARD
   31  SHALL EXPIRE ON THAT DATE AND SHALL BE PROMPTLY RETURNED BY  THE  CERTI-
   32  FIED PATIENT TO THE DEPARTMENT;
   33    (D) IF THE CERTIFICATION SO PROVIDES, THE REGISTRY IDENTIFICATION CARD
   34  SHALL  STATE  ANY RECOMMENDATION OR LIMITATION BY THE PRACTITIONER AS TO
   35  THE FORM OR FORMS OF MEDICAL  MARIHUANA  OR  DOSAGE  FOR  THE  CERTIFIED
   36  PATIENT; AND
   37    (E) THE COMMISSIONER SHALL MAKE REGULATIONS TO IMPLEMENT THIS SUBDIVI-
   38  SION.
   39    S  3362.  LAWFUL  MEDICAL  USE.  1.  THE POSSESSION, ACQUISITION, USE,
   40  DELIVERY, TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF  MEDICAL  MARI-
   41  HUANA  BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER POSSESSING A VALID
   42  REGISTRY IDENTIFICATION CARD, FOR CERTIFIED MEDICAL USE, SHALL BE LAWFUL
   43  UNDER THIS TITLE; PROVIDED THAT:
   44    (A) THE MARIHUANA THAT MAY BE POSSESSED BY A CERTIFIED  PATIENT  SHALL
   45  NOT  EXCEED A THIRTY DAY SUPPLY OF THE DOSAGE AS DETERMINED BY THE PRAC-
   46  TITIONER, CONSISTENT WITH ANY GUIDANCE AND  REGULATIONS  ISSUED  BY  THE
   47  COMMISSIONER, PROVIDED THAT DURING THE LAST SEVEN DAYS OF ANY THIRTY DAY
   48  PERIOD, THE CERTIFIED PATIENT MAY ALSO POSSESS UP TO SUCH AMOUNT FOR THE
   49  NEXT THIRTY DAY PERIOD;
   50    (B)  THE MARIHUANA THAT MAY BE POSSESSED BY DESIGNATED CAREGIVERS DOES
   51  NOT EXCEED THE QUANTITIES REFERRED TO IN PARAGRAPH (A) OF THIS  SUBDIVI-
   52  SION FOR EACH CERTIFIED PATIENT FOR WHOM THE CAREGIVER POSSESSES A VALID
   53  REGISTRY IDENTIFICATION CARD, UP TO FIVE CERTIFIED PATIENTS;
   54    (C)  THE  FORM  OR FORMS OF MEDICAL MARIHUANA THAT MAY BE POSSESSED BY
   55  THE CERTIFIED PATIENT OR DESIGNATED  CAREGIVER  PURSUANT  TO  A  CERTIF-
   56  ICATION  SHALL BE IN COMPLIANCE WITH ANY RECOMMENDATION OR LIMITATION BY
       S. 7923                             5

    1  THE PRACTITIONER AS TO THE FORM OR FORMS OF MEDICAL MARIHUANA OR  DOSAGE
    2  FOR THE CERTIFIED PATIENT IN THE CERTIFICATION; AND
    3    (D)  THE  MEDICAL  MARIHUANA  SHALL BE KEPT IN THE ORIGINAL PACKAGE IN
    4  WHICH IT WAS DISPENSED UNDER SUBDIVISION TWELVE OF SECTION  THIRTY-THREE
    5  HUNDRED  SIXTY-FOUR  OF  THIS  TITLE, EXCEPT FOR THE PORTION REMOVED FOR
    6  IMMEDIATE  CONSUMPTION  FOR  CERTIFIED  MEDICAL  USE  BY  THE  CERTIFIED
    7  PATIENT.
    8    2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION:
    9    (A)  POSSESSION  OF  MEDICAL  MARIHUANA SHALL NOT BE LAWFUL UNDER THIS
   10  TITLE IF IT IS SMOKED, CONSUMED, VAPORIZED, OR GROWN IN A PUBLIC  PLACE,
   11  REGARDLESS  OF  THE  FORM  OF  MEDICAL MARIHUANA STATED IN THE PATIENT'S
   12  CERTIFICATION.
   13    (B) A PERSON POSSESSING  MEDICAL  MARIHUANA  UNDER  THIS  TITLE  SHALL
   14  POSSESS  HIS  OR  HER  REGISTRY IDENTIFICATION CARD AT ALL TIMES WHEN IN
   15  IMMEDIATE POSSESSION OF MEDICAL MARIHUANA.
   16    S 3363. REGISTRY IDENTIFICATION CARDS. 1. UPON APPROVAL OF THE CERTIF-
   17  ICATION, THE DEPARTMENT SHALL ISSUE REGISTRY  IDENTIFICATION  CARDS  FOR
   18  CERTIFIED  PATIENTS AND DESIGNATED CAREGIVERS. A REGISTRY IDENTIFICATION
   19  CARD SHALL EXPIRE AS PROVIDED IN SECTION THIRTY-THREE HUNDRED  SIXTY-ONE
   20  OF  THIS  TITLE OR AS OTHERWISE PROVIDED IN THIS SECTION. THE DEPARTMENT
   21  SHALL BEGIN ISSUING REGISTRY IDENTIFICATION CARDS AS SOON AS PRACTICABLE
   22  AFTER  THE  CERTIFICATIONS  REQUIRED  BY  SECTION  THIRTY-THREE  HUNDRED
   23  SIXTY-NINE-B ARE GRANTED. THE DEPARTMENT MAY SPECIFY A FORM FOR A REGIS-
   24  TRY  APPLICATION, IN WHICH CASE THE DEPARTMENT SHALL PROVIDE THE FORM ON
   25  REQUEST, REPRODUCTIONS OF THE FORM MAY BE USED, AND THE  FORM  SHALL  BE
   26  AVAILABLE FOR DOWNLOADING FROM THE DEPARTMENT'S WEBSITE.
   27    2.  TO OBTAIN, AMEND OR RENEW A REGISTRY IDENTIFICATION CARD, A CERTI-
   28  FIED PATIENT OR DESIGNATED CAREGIVER SHALL FILE A  REGISTRY  APPLICATION
   29  WITH  THE  DEPARTMENT.  THE  REGISTRY APPLICATION OR RENEWAL APPLICATION
   30  SHALL INCLUDE:
   31    (A) IN THE CASE OF A CERTIFIED PATIENT:
   32    (I) THE PATIENT'S CERTIFICATION (A NEW WRITTEN CERTIFICATION SHALL  BE
   33  PROVIDED WITH A RENEWAL APPLICATION);
   34    (II) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT;
   35    (III) THE DATE OF THE CERTIFICATION;
   36    (IV)  IF  THE  PATIENT  HAS  A REGISTRY IDENTIFICATION CARD BASED ON A
   37  CURRENT VALID CERTIFICATION,  THE  REGISTRY  IDENTIFICATION  NUMBER  AND
   38  EXPIRATION DATE OF THAT REGISTRY IDENTIFICATION CARD;
   39    (V)  THE  SPECIFIED  DATE  UNTIL  WHICH THE PATIENT WOULD BENEFIT FROM
   40  MEDICAL MARIHUANA, IF THE CERTIFICATION STATES SUCH A DATE;
   41    (VI) THE NAME, ADDRESS, FEDERAL  REGISTRATION  NUMBER,  AND  TELEPHONE
   42  NUMBER OF THE CERTIFYING PRACTITIONER;
   43    (VII)  ANY  RECOMMENDATION OR LIMITATION BY THE PRACTITIONER AS TO THE
   44  FORM OR FORMS OF MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED  PATIENT;
   45  AND
   46    (VIII)  OTHER  INDIVIDUAL  IDENTIFYING  INFORMATION  REQUIRED  BY  THE
   47  DEPARTMENT;
   48    (B) IN THE CASE OF A CERTIFIED PATIENT, IF THE  PATIENT  DESIGNATES  A
   49  DESIGNATED CAREGIVER, THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIG-
   50  NATED  CAREGIVER,  AND OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED
   51  BY THE DEPARTMENT;
   52    (C) IN THE CASE OF A DESIGNATED CAREGIVER:
   53    (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIGNATED CAREGIVER;
   54    (II) IF THE DESIGNATED CAREGIVER HAS A REGISTRY  IDENTIFICATION  CARD,
   55  THE  REGISTRY IDENTIFICATION NUMBER AND EXPIRATION DATE OF THAT REGISTRY
   56  IDENTIFICATION CARD; AND
       S. 7923                             6

    1    (III) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
    2  MENT;
    3    (D)  A  STATEMENT  THAT  A  FALSE STATEMENT MADE IN THE APPLICATION IS
    4  PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW;
    5    (E) THE DATE OF THE APPLICATION AND THE  SIGNATURE  OF  THE  CERTIFIED
    6  PATIENT OR DESIGNATED CAREGIVER, AS THE CASE MAY BE;
    7    (F)  A FIFTY DOLLAR APPLICATION FEE, PROVIDED, THAT THE DEPARTMENT MAY
    8  WAIVE OR REDUCE THE FEE IN CASES OF FINANCIAL HARDSHIP; AND
    9    (G) ANY OTHER REQUIREMENTS DETERMINED BY THE COMMISSIONER.
   10    3. WHERE A CERTIFIED PATIENT IS UNDER THE AGE OF EIGHTEEN:
   11    (A) THE APPLICATION FOR A REGISTRY IDENTIFICATION CARD SHALL  BE  MADE
   12  BY  AN  APPROPRIATE PERSON OVER TWENTY-ONE YEARS OF AGE. THE APPLICATION
   13  SHALL STATE FACTS DEMONSTRATING THAT THE PERSON IS APPROPRIATE.
   14    (B) THE DESIGNATED CAREGIVER SHALL BE (I) A PARENT OR  LEGAL  GUARDIAN
   15  OF  THE CERTIFIED PATIENT, (II) A PERSON DESIGNATED BY A PARENT OR LEGAL
   16  GUARDIAN, OR (III) AN APPROPRIATE PERSON APPROVED BY THE DEPARTMENT UPON
   17  A SUFFICIENT SHOWING THAT NO PARENT OR LEGAL GUARDIAN IS APPROPRIATE  OR
   18  AVAILABLE.
   19    4.  NO  PERSON  MAY  BE  A DESIGNATED CAREGIVER IF THE PERSON IS UNDER
   20  TWENTY-ONE YEARS OF AGE UNLESS A  SUFFICIENT  SHOWING  IS  MADE  TO  THE
   21  DEPARTMENT  THAT THE PERSON SHOULD BE PERMITTED TO SERVE AS A DESIGNATED
   22  CAREGIVER. THE REQUIREMENTS FOR SUCH A SHOWING SHALL  BE  DETERMINED  BY
   23  THE COMMISSIONER.
   24    5.  NO  PERSON MAY BE A DESIGNATED CAREGIVER FOR MORE THAN FIVE CERTI-
   25  FIED PATIENTS AT ONE TIME.
   26    6. IF A CERTIFIED PATIENT WISHES TO CHANGE OR  TERMINATE  HIS  OR  HER
   27  DESIGNATED  CAREGIVER,  FOR WHATEVER REASON, THE CERTIFIED PATIENT SHALL
   28  NOTIFY THE DEPARTMENT AS SOON AS PRACTICABLE. THE DEPARTMENT SHALL ISSUE
   29  A NOTIFICATION TO THE DESIGNATED CAREGIVER THAT THEIR REGISTRATION  CARD
   30  IS  INVALID  AND  MUST BE PROMPTLY RETURNED TO THE DEPARTMENT. THE NEWLY
   31  DESIGNATED CAREGIVER MUST COMPLY WITH ALL REQUIREMENTS SET FORTH IN THIS
   32  SECTION.
   33    7. IF THE CERTIFICATION SO PROVIDES, THE REGISTRY IDENTIFICATION  CARD
   34  SHALL CONTAIN ANY RECOMMENDATION OR LIMITATION BY THE PRACTITIONER AS TO
   35  THE  FORM  OR  FORMS  OF  MEDICAL  MARIHUANA OR DOSAGE FOR THE CERTIFIED
   36  PATIENT.
   37    8. THE DEPARTMENT SHALL ISSUE SEPARATE REGISTRY  IDENTIFICATION  CARDS
   38  FOR  CERTIFIED  PATIENTS AND DESIGNATED CAREGIVERS AS SOON AS REASONABLY
   39  PRACTICABLE AFTER RECEIVING A COMPLETE APPLICATION UNDER  THIS  SECTION,
   40  UNLESS  IT  DETERMINES  THAT  THE APPLICATION IS INCOMPLETE OR FACTUALLY
   41  INACCURATE, IN WHICH CASE IT SHALL PROMPTLY NOTIFY THE APPLICANT.
   42    9. IF THE APPLICATION OF A CERTIFIED PATIENT DESIGNATES AN  INDIVIDUAL
   43  AS A DESIGNATED CAREGIVER WHO IS NOT AUTHORIZED TO BE A DESIGNATED CARE-
   44  GIVER, THAT PORTION OF THE APPLICATION SHALL BE DENIED BY THE DEPARTMENT
   45  BUT  THAT  SHALL  NOT AFFECT THE APPROVAL OF THE BALANCE OF THE APPLICA-
   46  TION.
   47    10. A REGISTRY IDENTIFICATION CARD SHALL:
   48    (A) CONTAIN THE NAME OF THE CERTIFIED PATIENT OR THE DESIGNATED  CARE-
   49  GIVER AS THE CASE MAY BE;
   50    (B)  CONTAIN  THE DATE OF ISSUANCE AND EXPIRATION DATE OF THE REGISTRY
   51  IDENTIFICATION CARD;
   52    (C) CONTAIN A REGISTRY IDENTIFICATION NUMBER FOR THE CERTIFIED PATIENT
   53  OR DESIGNATED CAREGIVER, AS THE CASE MAY BE AND A  REGISTRY  IDENTIFICA-
   54  TION NUMBER;
   55    (D)  CONTAIN A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE REGISTRY IDEN-
   56  TIFICATION CARD IS BEING ISSUED, WHICH SHALL BE OBTAINED BY THE  DEPART-
       S. 7923                             7

    1  MENT IN A MANNER SPECIFIED BY THE COMMISSIONER IN REGULATIONS; PROVIDED,
    2  HOWEVER,  THAT  IF  THE DEPARTMENT REQUIRES CERTIFIED PATIENTS TO SUBMIT
    3  PHOTOGRAPHS FOR THIS PURPOSE, THERE SHALL BE A REASONABLE  ACCOMMODATION
    4  OF  CERTIFIED  PATIENTS  WHO  ARE  CONFINED  TO THEIR HOMES DUE TO THEIR
    5  MEDICAL CONDITIONS AND MAY THEREFORE HAVE  DIFFICULTY  PROCURING  PHOTO-
    6  GRAPHS;
    7    (E) BE A SECURE DOCUMENT AS DETERMINED BY THE DEPARTMENT;
    8    (F) PLAINLY STATE ANY RECOMMENDATION OR LIMITATION BY THE PRACTITIONER
    9  AS TO THE FORM OR FORMS OF MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED
   10  PATIENT; AND
   11    (G) ANY OTHER REQUIREMENTS DETERMINED BY THE COMMISSIONER.
   12    11.  A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WHO HAS BEEN ISSUED A
   13  REGISTRY IDENTIFICATION CARD SHALL NOTIFY THE DEPARTMENT OF  ANY  CHANGE
   14  IN  HIS OR HER NAME OR ADDRESS OR, WITH RESPECT TO THE PATIENT, IF HE OR
   15  SHE CEASES TO HAVE THE SERIOUS  CONDITION  NOTED  ON  THE  CERTIFICATION
   16  WITHIN  TEN  DAYS  OF SUCH CHANGE. THE CERTIFIED PATIENT'S OR DESIGNATED
   17  CAREGIVER'S REGISTRY IDENTIFICATION CARD SHALL  BE  DEEMED  INVALID  AND
   18  SHALL BE RETURNED PROMPTLY TO THE DEPARTMENT.
   19    12.  IF  A  CERTIFIED PATIENT OR DESIGNATED CAREGIVER LOSES HIS OR HER
   20  REGISTRY IDENTIFICATION CARD, HE OR SHE SHALL NOTIFY THE DEPARTMENT  AND
   21  SUBMIT  A  TWENTY-FIVE  DOLLAR FEE WITHIN TEN DAYS OF LOSING THE CARD TO
   22  MAINTAIN THE REGISTRATION. THE DEPARTMENT MAY ESTABLISH HIGHER FEES  FOR
   23  ISSUING  A  NEW  REGISTRY  IDENTIFICATION CARD FOR SECOND AND SUBSEQUENT
   24  REPLACEMENTS FOR A LOST CARD, PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR
   25  REDUCE THE FEE IN CASES OF  FINANCIAL  HARDSHIP.  THE  DEPARTMENT  SHALL
   26  ISSUE  A  NEW REGISTRY IDENTIFICATION CARD AS SOON AS PRACTICABLE, WHICH
   27  MAY CONTAIN A NEW  REGISTRY  IDENTIFICATION  NUMBER,  TO  THE  CERTIFIED
   28  PATIENT  OR  DESIGNATED  CAREGIVER,  AS  THE  CASE MAY BE. THE CERTIFIED
   29  PATIENT OR DESIGNATED CAREGIVER SHALL NOT  BE  ABLE  TO  OBTAIN  MEDICAL
   30  MARIHUANA UNTIL THE CERTIFIED PATIENT RECEIVES A NEW CARD.
   31    13.  THE  DEPARTMENT SHALL MAINTAIN A CONFIDENTIAL LIST OF THE PERSONS
   32  TO WHOM IT HAS ISSUED REGISTRY IDENTIFICATION CARDS. INDIVIDUAL  IDENTI-
   33  FYING  INFORMATION  OBTAINED BY THE DEPARTMENT UNDER THIS TITLE SHALL BE
   34  CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER ARTICLE SIX OF THE  PUBLIC
   35  OFFICERS  LAW.    NOTWITHSTANDING  THIS  SUBDIVISION, THE DEPARTMENT MAY
   36  NOTIFY ANY APPROPRIATE LAW ENFORCEMENT AGENCY OF INFORMATION RELATING TO
   37  ANY VIOLATION OR SUSPECTED VIOLATION OF THIS TITLE.
   38    14. THE DEPARTMENT SHALL VERIFY TO LAW  ENFORCEMENT  PERSONNEL  IN  AN
   39  APPROPRIATE CASE WHETHER A REGISTRY IDENTIFICATION CARD IS VALID.
   40    15.  IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WILLFULLY VIOLATES
   41  ANY PROVISION OF THIS TITLE AS DETERMINED BY THE DEPARTMENT, HIS OR  HER
   42  REGISTRY  IDENTIFICATION  CARD  MAY  BE SUSPENDED OR REVOKED. THIS IS IN
   43  ADDITION TO ANY OTHER PENALTY THAT MAY APPLY.
   44    S 3364. REGISTERED ORGANIZATIONS. 1. A REGISTERED  ORGANIZATION  SHALL
   45  BE  A FOR-PROFIT BUSINESS ENTITY OR NOT-FOR-PROFIT CORPORATION ORGANIZED
   46  FOR THE PURPOSE OF ACQUIRING, POSSESSING, MANUFACTURING, SELLING, DELIV-
   47  ERING, TRANSPORTING, DISTRIBUTING OR DISPENSING MARIHUANA FOR  CERTIFIED
   48  MEDICAL USE.
   49    2.  THE ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIVERY, TRANSPORT-
   50  ING, DISTRIBUTING OR DISPENSING OF MARIHUANA BY A  REGISTERED  ORGANIZA-
   51  TION  UNDER THIS TITLE IN ACCORDANCE WITH ITS REGISTRATION UNDER SECTION
   52  THIRTY-THREE HUNDRED SIXTY-FIVE OF THIS TITLE OR A RENEWAL THEREOF SHALL
   53  BE LAWFUL UNDER THIS TITLE.
   54    3. EACH REGISTERED ORGANIZATION SHALL  CONTRACT  WITH  AN  INDEPENDENT
   55  LABORATORY  TO  TEST  THE  MEDICAL  MARIHUANA PRODUCED BY THE REGISTERED
   56  ORGANIZATION. THE COMMISSIONER SHALL APPROVE THE LABORATORY AND  REQUIRE
       S. 7923                             8

    1  THAT THE LABORATORY REPORT TESTING RESULTS IN A MANNER DETERMINED BY THE
    2  COMMISSIONER. THE COMMISSIONER IS AUTHORIZED TO ISSUE REGULATION REQUIR-
    3  ING THE LABORATORY TO PERFORM CERTAIN TESTS AND SERVICES.
    4    4.  (A)  A  REGISTERED ORGANIZATION MAY LAWFULLY, IN GOOD FAITH, SELL,
    5  DELIVER, DISTRIBUTE OR DISPENSE MEDICAL MARIHUANA TO A CERTIFIED PATIENT
    6  OR DESIGNATED CAREGIVER UPON PRESENTATION TO THE REGISTERED ORGANIZATION
    7  OF A VALID REGISTRY IDENTIFICATION CARD FOR THAT  CERTIFIED  PATIENT  OR
    8  DESIGNATED  CAREGIVER.  WHEN  PRESENTED WITH THE REGISTRY IDENTIFICATION
    9  CARD, THE REGISTERED ORGANIZATION SHALL PROVIDE TO THE CERTIFIED PATIENT
   10  OR DESIGNATED CAREGIVER A RECEIPT, WHICH SHALL STATE: THE NAME, ADDRESS,
   11  AND REGISTRY IDENTIFICATION NUMBER OF THE REGISTERED  ORGANIZATION;  THE
   12  NAME AND REGISTRY IDENTIFICATION NUMBER OF THE CERTIFIED PATIENT AND THE
   13  DESIGNATED  CAREGIVER  (IF  ANY);  THE  DATE THE MARIHUANA WAS SOLD; ANY
   14  RECOMMENDATION OR LIMITATION BY THE PRACTITIONER AS TO THE FORM OR FORMS
   15  OF MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED PATIENT; AND  THE  FORM
   16  AND  THE QUANTITY OF MEDICAL MARIHUANA SOLD. THE REGISTERED ORGANIZATION
   17  SHALL RETAIN A COPY OF THE REGISTRY IDENTIFICATION CARD AND THE  RECEIPT
   18  FOR SIX YEARS.
   19    (B) THE PROPRIETOR OF A REGISTERED ORGANIZATION SHALL FILE OR CAUSE TO
   20  BE  FILED  ANY RECEIPT AND CERTIFICATION INFORMATION WITH THE DEPARTMENT
   21  BY ELECTRONIC MEANS ON A REAL  TIME  BASIS  AS  THE  COMMISSIONER  SHALL
   22  REQUIRE BY REGULATION. WHEN FILING RECEIPT AND CERTIFICATION INFORMATION
   23  ELECTRONICALLY  PURSUANT TO THIS PARAGRAPH, THE PROPRIETOR OF THE REGIS-
   24  TERED  ORGANIZATION  SHALL  DISPOSE  OF  ANY   ELECTRONICALLY   RECORDED
   25  PRESCRIPTION  INFORMATION  IN  SUCH  MANNER AS THE COMMISSIONER SHALL BY
   26  REGULATION REQUIRE.
   27    5. (A) NO REGISTERED ORGANIZATION MAY  SELL,  DELIVER,  DISTRIBUTE  OR
   28  DISPENSE  TO ANY CERTIFIED PATIENT OR DESIGNATED CAREGIVER A QUANTITY OF
   29  MEDICAL MARIHUANA LARGER  THAN  THAT  INDIVIDUAL  WOULD  BE  ALLOWED  TO
   30  POSSESS UNDER THIS TITLE.
   31    (B) WHEN DISPENSING MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR DESIG-
   32  NATED  CAREGIVER,  THE REGISTERED ORGANIZATION (I) SHALL NOT DISPENSE AN
   33  AMOUNT GREATER THAN A THIRTY DAY SUPPLY TO A CERTIFIED PATIENT UNTIL THE
   34  CERTIFIED PATIENT HAS EXHAUSTED ALL BUT  A  SEVEN  DAY  SUPPLY  PROVIDED
   35  PURSUANT TO A PREVIOUSLY ISSUED CERTIFICATION, AND (II) SHALL VERIFY THE
   36  INFORMATION  IN  SUBPARAGRAPH  (I)  OF  THIS PARAGRAPH BY CONSULTING THE
   37  PRESCRIPTION MONITORING  PROGRAM  REGISTRY  UNDER  SECTION  THIRTY-THREE
   38  HUNDRED FORTY-THREE-A OF THIS ARTICLE.
   39    (C)  MEDICAL  MARIHUANA DISPENSED TO A CERTIFIED PATIENT OR DESIGNATED
   40  CAREGIVER BY A REGISTERED ORGANIZATION SHALL CONFORM TO ANY  RECOMMENDA-
   41  TION  OR  LIMITATION  BY  THE  PRACTITIONER  AS  TO THE FORM OR FORMS OF
   42  MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED PATIENT.
   43    6. WHEN A REGISTERED  ORGANIZATION  SELLS,  DELIVERS,  DISTRIBUTES  OR
   44  DISPENSES  MEDICAL  MARIHUANA TO A CERTIFIED PATIENT OR DESIGNATED CARE-
   45  GIVER, IT SHALL PROVIDE TO THAT INDIVIDUAL A SAFETY INSERT,  WHICH  WILL
   46  BE  DEVELOPED  AND  APPROVED BY THE COMMISSIONER AND INCLUDE, BUT NOT BE
   47  LIMITED TO, INFORMATION ON:
   48    (A) METHODS FOR ADMINISTERING MEDICAL MARIHUANA IN INDIVIDUAL DOSES,
   49    (B) ANY POTENTIAL DANGERS STEMMING FROM THE USE OF MEDICAL MARIHUANA,
   50    (C) HOW TO RECOGNIZE WHAT MAY BE PROBLEMATIC USAGE OF MEDICAL MARIHUA-
   51  NA AND OBTAIN APPROPRIATE SERVICES OR TREATMENT FOR  PROBLEMATIC  USAGE,
   52  AND
   53    (D) OTHER INFORMATION AS DETERMINED BY THE COMMISSIONER.
   54    7.  REGISTERED  ORGANIZATIONS SHALL NOT BE MANAGED BY OR EMPLOY ANYONE
   55  WHO HAS BEEN CONVICTED OF ANY FELONY OF SALE  OR  POSSESSION  OF  DRUGS,
   56  NARCOTICS,  OR CONTROLLED SUBSTANCES PROVIDED THAT THIS SUBDIVISION ONLY
       S. 7923                             9

    1  APPLIES TO (A) MANAGERS OR EMPLOYEES  WHO  COME  INTO  CONTACT  WITH  OR
    2  HANDLE  MEDICAL MARIHUANA, AND (B) A CONVICTION LESS THAN TEN YEARS (NOT
    3  COUNTING TIME SPENT IN INCARCERATION) PRIOR TO BEING EMPLOYED, FOR WHICH
    4  THE PERSON HAS NOT RECEIVED A CERTIFICATE OF RELIEF FROM DISABILITIES OR
    5  A  CERTIFICATE  OF  GOOD  CONDUCT  UNDER  ARTICLE  TWENTY-THREE  OF  THE
    6  CORRECTION LAW.
    7    8. MANUFACTURING OF MEDICAL MARIHUANA  BY  A  REGISTERED  ORGANIZATION
    8  SHALL  ONLY  BE  DONE IN AN INDOOR, ENCLOSED, SECURE FACILITY LOCATED IN
    9  NEW YORK STATE, WHICH MAY INCLUDE A GREENHOUSE.  THE COMMISSIONER  SHALL
   10  PROMULGATE REGULATIONS ESTABLISHING REQUIREMENTS FOR SUCH FACILITIES.
   11    9.  DISPENSING OF MEDICAL MARIHUANA BY A REGISTERED ORGANIZATION SHALL
   12  ONLY BE DONE IN AN INDOOR, ENCLOSED, SECURE FACILITY LOCATED IN NEW YORK
   13  STATE, WHICH MAY INCLUDE A GREENHOUSE.  THE COMMISSIONER  SHALL  PROMUL-
   14  GATE REGULATIONS ESTABLISHING REQUIREMENTS FOR SUCH FACILITIES.
   15    10. A REGISTERED ORGANIZATION SHALL DETERMINE THE QUALITY, SAFETY, AND
   16  CLINICAL  STRENGTH OF MEDICAL MARIHUANA MANUFACTURED OR DISPENSED BY THE
   17  REGISTERED ORGANIZATION, AND SHALL PROVIDE DOCUMENTATION OF THAT  QUALI-
   18  TY,  SAFETY AND CLINICAL STRENGTH TO THE DEPARTMENT AND TO ANY PERSON OR
   19  ENTITY TO WHICH THE MEDICAL MARIHUANA IS SOLD OR DISPENSED.
   20    11. A REGISTERED ORGANIZATION SHALL BE DEEMED TO  BE  A  "HEALTH  CARE
   21  PROVIDER"  FOR  THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAP-
   22  TER.
   23    12. MEDICAL MARIHUANA SHALL BE DISPENSED TO  A  CERTIFIED  PATIENT  OR
   24  DESIGNATED  CAREGIVER  IN  A  SEALED  AND  PROPERLY LABELED PACKAGE. THE
   25  LABELING SHALL CONTAIN: (A) THE INFORMATION REQUIRED TO BE  INCLUDED  IN
   26  THE RECEIPT PROVIDED TO THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER BY
   27  THE  REGISTERED ORGANIZATION; (B) THE PACKAGING DATE; (C) ANY APPLICABLE
   28  DATE BY WHICH THE MEDICAL MARIHUANA SHOULD BE USED; (D) A WARNING  STAT-
   29  ING,  "THIS PRODUCT IS FOR MEDICINAL USE ONLY.  WOMEN SHOULD NOT CONSUME
   30  DURING PREGNANCY OR WHILE BREASTFEEDING EXCEPT  ON  THE  ADVICE  OF  THE
   31  CERTIFYING  HEALTH  CARE  PRACTITIONER, AND IN THE CASE OF BREASTFEEDING
   32  MOTHERS, INCLUDING THE INFANT'S PEDIATRICIAN. THIS PRODUCT MIGHT  IMPAIR
   33  THE ABILITY TO DRIVE. KEEP OUT OF REACH OF CHILDREN."; (E) THE AMOUNT OF
   34  INDIVIDUAL  DOSES  CONTAINED  WITHIN; AND (F) A WARNING THAT THE MEDICAL
   35  MARIHUANA MUST BE KEPT  IN  THE  ORIGINAL  CONTAINER  IN  WHICH  IT  WAS
   36  DISPENSED.
   37    13.  THE  COMMISSIONER  IS  AUTHORIZED  TO  MAKE RULES AND REGULATIONS
   38  RESTRICTING THE ADVERTISING AND MARKETING OF  MEDICAL  MARIHUANA,  WHICH
   39  SHALL  BE CONSISTENT WITH THE FEDERAL REGULATIONS GOVERNING PRESCRIPTION
   40  DRUG ADVERTISING AND MARKETING.
   41    S 3365. REGISTERING OF REGISTERED ORGANIZATIONS.  1.  APPLICATION  FOR
   42  INITIAL  REGISTRATION. (A) AN APPLICANT FOR REGISTRATION AS A REGISTERED
   43  ORGANIZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE
   44  SHALL INCLUDE SUCH INFORMATION PREPARED IN SUCH MANNER AND DETAIL AS THE
   45  COMMISSIONER MAY REQUIRE, INCLUDING BUT NOT LIMITED TO:
   46    (I) A DESCRIPTION OF THE ACTIVITIES IN WHICH IT INTENDS TO ENGAGE AS A
   47  REGISTERED ORGANIZATION;
   48    (II) THAT THE APPLICANT:
   49    (A) IS OF GOOD MORAL CHARACTER;
   50    (B) POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT LAND, BUILDINGS,  AND
   51  OTHER  PREMISES (WHICH SHALL BE SPECIFIED IN THE APPLICATION) AND EQUIP-
   52  MENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICATION,  OR
   53  IN THE ALTERNATIVE POSTS A BOND OF NOT LESS THAN TWO MILLION DOLLARS;
   54    (C)  IS  ABLE  TO  MAINTAIN  EFFECTIVE SECURITY AND CONTROL TO PREVENT
   55  DIVERSION, ABUSE, AND OTHER ILLEGAL CONDUCT RELATING TO THE MARIHUANA;
       S. 7923                            10

    1    (D) IS ABLE TO COMPLY WITH ALL APPLICABLE STATE LAWS  AND  REGULATIONS
    2  RELATING  TO  THE  ACTIVITIES  IN  WHICH  IT INTENDS TO ENGAGE UNDER THE
    3  REGISTRATION;
    4    (III) THAT THE APPLICANT HAS ENTERED INTO A LABOR PEACE AGREEMENT WITH
    5  A  BONA-FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING
    6  OR ATTEMPTING TO REPRESENT THE APPLICANT'S EMPLOYEES. THE MAINTENANCE OF
    7  SUCH A LABOR PEACE AGREEMENT SHALL BE AN ONGOING MATERIAL  CONDITION  OF
    8  CERTIFICATION.
    9    (IV)   THE   APPLICANT'S  STATUS  UNDER  SUBDIVISION  ONE  OF  SECTION
   10  THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE; AND
   11    (V) THE APPLICATION SHALL INCLUDE  THE  NAME,  RESIDENCE  ADDRESS  AND
   12  TITLE  OF  EACH OF THE OFFICERS AND DIRECTORS AND THE NAME AND RESIDENCE
   13  ADDRESS OF ANY PERSON OR ENTITY THAT IS A MEMBER OF THE APPLICANT.  EACH
   14  SUCH PERSON, IF AN INDIVIDUAL, OR LAWFUL REPRESENTATIVE IF A LEGAL ENTI-
   15  TY, SHALL SUBMIT AN AFFIDAVIT WITH THE APPLICATION SETTING FORTH:
   16    (A)  ANY  POSITION OF MANAGEMENT OR OWNERSHIP DURING THE PRECEDING TEN
   17  YEARS OF A TEN PER CENTUM OR GREATER INTEREST  IN  ANY  OTHER  BUSINESS,
   18  LOCATED IN OR OUTSIDE THIS STATE, MANUFACTURING OR DISTRIBUTING DRUGS;
   19    (B)  WHETHER  SUCH PERSON OR ANY SUCH BUSINESS HAS BEEN CONVICTED OF A
   20  FELONY OR HAD A REGISTRATION OR LICENSE  SUSPENDED  OR  REVOKED  IN  ANY
   21  ADMINISTRATIVE OR JUDICIAL PROCEEDING; AND
   22    (C) SUCH OTHER INFORMATION AS THE COMMISSIONER MAY REASONABLY REQUIRE.
   23    2.  DUTY  TO REPORT. THE APPLICANT SHALL BE UNDER A CONTINUING DUTY TO
   24  REPORT TO THE DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES  REFLECTED
   25  IN  THE APPLICATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUM-
   26  STANCE WHICH IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
   27    3. GRANTING OF REGISTRATION. (A) THE COMMISSIONER SHALL GRANT A REGIS-
   28  TRATION OR AMENDMENT TO A REGISTRATION UNDER THIS SECTION IF HE  OR  SHE
   29  IS SATISFIED THAT:
   30    (I)  THE  APPLICANT WILL BE ABLE TO MAINTAIN EFFECTIVE CONTROL AGAINST
   31  DIVERSION OF MARIHUANA;
   32    (II) THE APPLICANT WILL BE ABLE TO COMPLY WITH  ALL  APPLICABLE  STATE
   33  LAWS;
   34    (III)  THE  APPLICANT  AND ITS OFFICERS ARE READY, WILLING AND ABLE TO
   35  PROPERLY CARRY ON THE MANUFACTURING OR DISTRIBUTING ACTIVITY FOR WHICH A
   36  REGISTRATION IS SOUGHT;
   37    (IV) THE APPLICANT POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT  LAND,
   38  BUILDINGS  AND  EQUIPMENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN
   39  THE APPLICATION;
   40    (V) IT IS IN THE PUBLIC INTEREST THAT SUCH  REGISTRATION  BE  GRANTED;
   41  THE COMMISSIONER MAY CONSIDER WHETHER THE NUMBER OF REGISTERED ORGANIZA-
   42  TIONS  IN  AN AREA WILL BE ADEQUATE OR EXCESSIVE TO REASONABLY SERVE THE
   43  AREA;
   44    (VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
   45  TER;
   46    (VII) THE APPLICANT HAS ENTERED INTO A LABOR PEACE  AGREEMENT  WITH  A
   47  BONA-FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR
   48  ATTEMPTING TO REPRESENT THE APPLICANT'S EMPLOYEES; AND
   49    (VIII)  THE  APPLICANT SATISFIES ANY OTHER CONDITIONS AS DETERMINED BY
   50  THE COMMISSIONER.
   51    (B) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT SHOULD  BE
   52  ISSUED  A  REGISTRATION, HE OR SHE SHALL NOTIFY THE APPLICANT IN WRITING
   53  OF THOSE FACTORS UPON WHICH FURTHER EVIDENCE IS REQUIRED.  WITHIN THIRTY
   54  DAYS OF THE RECEIPT OF SUCH NOTIFICATION, THE APPLICANT MAY SUBMIT ADDI-
   55  TIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEARING, OR BOTH.
       S. 7923                            11

    1    (C) THE FEE FOR A REGISTRATION UNDER THIS SECTION SHALL BE  A  REASON-
    2  ABLE  AMOUNT  DETERMINED  BY  THE  DEPARTMENT  IN REGULATIONS; PROVIDED,
    3  HOWEVER, IF THE REGISTRATION IS ISSUED FOR A  PERIOD  GREATER  THAN  TWO
    4  YEARS THE FEE SHALL BE INCREASED, PRO RATA, FOR EACH ADDITIONAL MONTH OF
    5  VALIDITY.
    6    (D)  REGISTRATIONS  ISSUED  UNDER THIS SECTION SHALL BE EFFECTIVE ONLY
    7  FOR THE REGISTERED ORGANIZATION AND SHALL SPECIFY:
    8    (I) THE NAME AND ADDRESS OF THE REGISTERED ORGANIZATION;
    9    (II) WHICH ACTIVITIES OF A REGISTERED ORGANIZATION  ARE  PERMITTED  BY
   10  THE REGISTRATION;
   11    (III)  THE  LAND,  BUILDINGS  AND  FACILITIES THAT MAY BE USED FOR THE
   12  PERMITTED ACTIVITIES OF THE REGISTERED ORGANIZATION; AND
   13    (IV) SUCH OTHER  INFORMATION  AS  THE  COMMISSIONER  SHALL  REASONABLY
   14  PROVIDE TO ASSURE COMPLIANCE WITH THIS TITLE.
   15    (E)  UPON APPLICATION OF A REGISTERED ORGANIZATION, A REGISTRATION MAY
   16  BE AMENDED TO ALLOW THE REGISTERED ORGANIZATION TO RELOCATE  WITHIN  THE
   17  STATE  OR  TO ADD OR DELETE PERMITTED REGISTERED ORGANIZATION ACTIVITIES
   18  OR FACILITIES. THE FEE FOR SUCH AMENDMENT SHALL  BE  TWO  HUNDRED  FIFTY
   19  DOLLARS.
   20    4.  A  REGISTRATION  ISSUED  UNDER THIS SECTION SHALL BE VALID FOR TWO
   21  YEARS FROM THE DATE OF ISSUE, EXCEPT THAT IN  ORDER  TO  FACILITATE  THE
   22  RENEWALS  OF  SUCH  REGISTRATIONS, THE COMMISSIONER MAY UPON THE INITIAL
   23  APPLICATION FOR A  REGISTRATION,  ISSUE  SOME  REGISTRATIONS  WHICH  MAY
   24  REMAIN VALID FOR A PERIOD OF TIME GREATER THAN TWO YEARS BUT NOT EXCEED-
   25  ING AN ADDITIONAL ELEVEN MONTHS.
   26    5.  APPLICATIONS  FOR RENEWAL OF REGISTRATIONS. (A) AN APPLICATION FOR
   27  THE RENEWAL OF ANY REGISTRATION ISSUED UNDER THIS SECTION SHALL BE FILED
   28  WITH THE DEPARTMENT NOT MORE THAN SIX MONTHS NOR LESS THAN  FOUR  MONTHS
   29  PRIOR  TO  THE  EXPIRATION  THEREOF.  A  LATE-FILED  APPLICATION FOR THE
   30  RENEWAL OF A REGISTRATION MAY, IN THE DISCRETION OF THE COMMISSIONER, BE
   31  TREATED AS AN APPLICATION FOR AN INITIAL LICENSE.
   32    (B)  THE  APPLICATION  FOR  RENEWAL  SHALL  INCLUDE  SUCH  INFORMATION
   33  PREPARED  IN  THE  MANNER  AND  DETAIL  AS THE COMMISSIONER MAY REQUIRE,
   34  INCLUDING BUT NOT LIMITED TO:
   35    (I) ANY MATERIAL CHANGE IN THE  CIRCUMSTANCES  OR  FACTORS  LISTED  IN
   36  SUBDIVISION ONE OF THIS SECTION; AND
   37    (II)  EVERY KNOWN CHARGE OR INVESTIGATION, PENDING OR CONCLUDED DURING
   38  THE PERIOD OF THE REGISTRATION, BY ANY  GOVERNMENTAL  OR  ADMINISTRATIVE
   39  AGENCY WITH RESPECT TO:
   40    (A)  EACH  INCIDENT  OR ALLEGED INCIDENT INVOLVING THE THEFT, LOSS, OR
   41  POSSIBLE DIVERSION OF  MARIHUANA  MANUFACTURED  OR  DISTRIBUTED  BY  THE
   42  APPLICANT; AND
   43    (B)  COMPLIANCE  BY  THE  APPLICANT  WITH  THE  LAWS OF THE STATE WITH
   44  RESPECT TO ANY SUBSTANCE LISTED IN SECTION THIRTY-THREE HUNDRED  SIX  OF
   45  THIS ARTICLE.
   46    (C)  AN  APPLICANT  FOR  RENEWAL  SHALL  BE UNDER A CONTINUING DUTY TO
   47  REPORT TO THE DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES  REFLECTED
   48  IN  THE APPLICATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUM-
   49  STANCE WHICH IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
   50    (D) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT  IS  ENTI-
   51  TLED  TO A RENEWAL OF THE REGISTRATION, HE OR SHE SHALL WITHIN A REASON-
   52  ABLY PRACTICABLE TIME AS DETERMINED BY THE COMMISSIONER, SERVE UPON  THE
   53  APPLICANT OR HIS OR HER ATTORNEY OF RECORD IN PERSON OR BY REGISTERED OR
   54  CERTIFIED MAIL AN ORDER DIRECTING THE APPLICANT TO SHOW CAUSE WHY HIS OR
   55  HER APPLICATION FOR RENEWAL SHOULD NOT BE DENIED. THE ORDER SHALL SPECI-
       S. 7923                            12

    1  FY  IN  DETAIL THE RESPECTS IN WHICH THE APPLICANT HAS NOT SATISFIED THE
    2  COMMISSIONER THAT THE REGISTRATION SHOULD BE RENEWED.
    3    (E)  WITHIN A REASONABLY PRACTICABLE TIME AS DETERMINED BY THE COMMIS-
    4  SIONER OF SUCH ORDER, THE APPLICANT MAY SUBMIT  ADDITIONAL  MATERIAL  TO
    5  THE  COMMISSIONER  OR DEMAND A HEARING OR BOTH. IF A HEARING IS DEMANDED
    6  THE COMMISSIONER SHALL FIX A DATE AS SOON AS REASONABLY PRACTICABLE.
    7    6. GRANTING OF RENEWAL OF REGISTRATIONS. (A)  THE  COMMISSIONER  SHALL
    8  RENEW A REGISTRATION UNLESS HE OR SHE DETERMINES AND FINDS THAT:
    9    (I)  THE  APPLICANT  IS  UNLIKELY  TO  MAINTAIN OR BE ABLE TO MAINTAIN
   10  EFFECTIVE CONTROL AGAINST DIVERSION; OR
   11    (II) THE APPLICANT IS UNLIKELY TO COMPLY WITH ALL STATE LAWS  APPLICA-
   12  BLE TO THE ACTIVITIES IN WHICH IT MAY ENGAGE UNDER THE REGISTRATION; OR
   13    (III)  IT  IS  NOT  IN  THE  PUBLIC INTEREST TO RENEW THE REGISTRATION
   14  BECAUSE THE NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA  IS  EXCESSIVE
   15  TO REASONABLY SERVE THE AREA; OR
   16    (IV)  THE  APPLICANT HAS EITHER VIOLATED OR TERMINATED ITS LABOR PEACE
   17  AGREEMENT.
   18    (B) FOR PURPOSES OF THIS SECTION, PROOF THAT  A  REGISTERED  ORGANIZA-
   19  TION,  DURING  THE  PERIOD  OF  ITS REGISTRATION, HAS FAILED TO MAINTAIN
   20  EFFECTIVE CONTROL AGAINST DIVERSION,  VIOLATES  ANY  PROVISION  OF  THIS
   21  ARTICLE,  OR HAS KNOWINGLY OR NEGLIGENTLY FAILED TO COMPLY WITH APPLICA-
   22  BLE STATE LAWS RELATING TO THE ACTIVITIES IN WHICH IT ENGAGES UNDER  THE
   23  REGISTRATION,  SHALL CONSTITUTE GROUNDS FOR SUSPENSION OR TERMINATION OF
   24  THE REGISTERED ORGANIZATION'S REGISTRATION AS DETERMINED BY THE  COMMIS-
   25  SIONER.  THE  REGISTERED  ORGANIZATION  SHALL ALSO BE UNDER A CONTINUING
   26  DUTY TO REPORT TO THE DEPARTMENT ANY MATERIAL CHANGE OR FACT OR  CIRCUM-
   27  STANCE  TO  THE  INFORMATION  PROVIDED  IN THE REGISTERED ORGANIZATION'S
   28  APPLICATION.
   29    7. THE DEPARTMENT MAY SUSPEND  OR  TERMINATE  THE  REGISTRATION  OF  A
   30  REGISTERED  ORGANIZATION,  ON  GROUNDS  AND  USING PROCEDURES UNDER THIS
   31  ARTICLE RELATING TO A LICENSE, TO THE EXTENT CONSISTENT WITH THIS TITLE.
   32  THE DEPARTMENT SHALL SUSPEND OR TERMINATE THE REGISTRATION IN THE  EVENT
   33  THAT  A  REGISTERED  ORGANIZATION  VIOLATES OR TERMINATES THE APPLICABLE
   34  LABOR PEACE AGREEMENT. CONDUCT IN COMPLIANCE WITH THIS TITLE  WHICH  MAY
   35  VIOLATE  CONFLICTING  FEDERAL  LAW,  SHALL  NOT BE GROUNDS TO SUSPEND OR
   36  TERMINATE A REGISTRATION.
   37    8. THE DEPARTMENT SHALL BEGIN  ISSUING  REGISTRATIONS  FOR  REGISTERED
   38  ORGANIZATIONS  AS  SOON AS PRACTICABLE AFTER THE CERTIFICATIONS REQUIRED
   39  BY SECTION THIRTY-THREE HUNDRED SIXTY-NINE-B OF THIS TITLE ARE GIVEN.
   40    9. THE COMMISSIONER SHALL REGISTER NO MORE THAN FIVE REGISTERED ORGAN-
   41  IZATIONS THAT MANUFACTURE MEDICAL  MARIHUANA  WITH  NO  MORE  THAN  FOUR
   42  DISPENSING  SITES WHOLLY OWNED AND OPERATED BY SUCH REGISTERED ORGANIZA-
   43  TION. THE COMMISSIONER SHALL ENSURE THAT SUCH  REGISTERED  ORGANIZATIONS
   44  AND  DISPENSING  SITES  ARE GEOGRAPHICALLY DISTRIBUTED ACROSS THE STATE.
   45  THE COMMISSION MAY REGISTER ADDITIONAL REGISTERED ORGANIZATIONS.
   46    S 3366. REPORTS  BY  REGISTERED  ORGANIZATIONS.  1.  THE  COMMISSIONER
   47  SHALL,  BY  REGULATION,  REQUIRE  EACH  REGISTERED  ORGANIZATION TO FILE
   48  REPORTS BY THE REGISTERED ORGANIZATION DURING A PARTICULAR  PERIOD.  THE
   49  COMMISSIONER  SHALL  DETERMINE  THE  INFORMATION  TO BE REPORTED AND THE
   50  FORMS, TIME, AND MANNER OF THE REPORTING.
   51    2. THE COMMISSIONER SHALL,  BY  REGULATION,  REQUIRE  EACH  REGISTERED
   52  ORGANIZATION  TO  ADOPT AND MAINTAIN SECURITY, TRACKING, RECORD KEEPING,
   53  RECORD RETENTION AND SURVEILLANCE SYSTEMS, RELATING TO ALL MEDICAL MARI-
   54  HUANA AT EVERY STAGE OF ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIV-
   55  ERY, TRANSPORTING, DISTRIBUTING, OR DISPENSING BY THE REGISTERED  ORGAN-
   56  IZATION, SUBJECT TO REGULATIONS OF THE COMMISSIONER.
       S. 7923                            13

    1    S  3367.  EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT. 1.  THE
    2  COMMISSIONER MAY PROVIDE FOR THE ANALYSIS AND EVALUATION OF  THE  OPERA-
    3  TION  OF THIS TITLE. THE COMMISSIONER MAY ENTER INTO AGREEMENTS WITH ONE
    4  OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS OR OTHER ORGANIZATIONS, FOR
    5  THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTATION AND EFFECTIVENESS
    6  OF THIS TITLE.
    7    2.  THE  DEPARTMENT  MAY  DEVELOP, SEEK ANY NECESSARY FEDERAL APPROVAL
    8  FOR, AND CARRY OUT RESEARCH PROGRAMS RELATING TO MEDICAL USE OF MARIHUA-
    9  NA. PARTICIPATION IN ANY SUCH RESEARCH PROGRAM SHALL BE VOLUNTARY ON THE
   10  PART OF PRACTITIONERS, PATIENTS, AND DESIGNATED CAREGIVERS.
   11    3. THE DEPARTMENT SHALL REPORT EVERY TWO YEARS,  BEGINNING  TWO  YEARS
   12  AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA-
   13  TURE ON THE MEDICAL USE OF MARIHUANA UNDER THIS TITLE AND MAKE APPROPRI-
   14  ATE RECOMMENDATIONS.
   15    S  3368. RELATION TO OTHER LAWS. 1. (A) THE PROVISIONS OF THIS ARTICLE
   16  SHALL APPLY TO THIS TITLE, EXCEPT THAT WHERE A PROVISION OF  THIS  TITLE
   17  CONFLICTS  WITH  ANOTHER  PROVISION  OF  THIS  ARTICLE, THIS TITLE SHALL
   18  APPLY.
   19    (B) MEDICAL MARIHUANA SHALL NOT BE DEEMED TO BE A "DRUG" FOR  PURPOSES
   20  OF ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW.
   21    2.  NOTHING  IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE AN INSURER OR
   22  HEALTH PLAN UNDER THIS CHAPTER OR THE INSURANCE LAW TO PROVIDE  COVERAGE
   23  FOR  MEDICAL  MARIHUANA.    NOTHING  IN THIS TITLE SHALL BE CONSTRUED TO
   24  REQUIRE COVERAGE FOR MEDICAL MARIHUANA UNDER ARTICLE TWENTY-FIVE OF THIS
   25  CHAPTER OR ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
   26    S 3369. PROTECTIONS FOR THE MEDICAL USE  OF  MARIHUANA.  1.  CERTIFIED
   27  PATIENTS, DESIGNATED CAREGIVERS, PRACTITIONERS, REGISTERED ORGANIZATIONS
   28  AND  THE  EMPLOYEES  OF REGISTERED ORGANIZATIONS SHALL NOT BE SUBJECT TO
   29  ARREST, PROSECUTION, OR PENALTY IN ANY MANNER, OR DENIED  ANY  RIGHT  OR
   30  PRIVILEGE,  INCLUDING  BUT  NOT LIMITED TO CIVIL PENALTY OR DISCIPLINARY
   31  ACTION BY A BUSINESS OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD  OR
   32  BUREAU,  SOLELY FOR THE CERTIFIED MEDICAL USE OR MANUFACTURE OF MARIHUA-
   33  NA, OR FOR ANY OTHER ACTION OR CONDUCT IN ACCORDANCE WITH THIS TITLE.
   34    2. NON-DISCRIMINATION. BEING A CERTIFIED PATIENT SHALL BE DEEMED TO BE
   35  HAVING A "DISABILITY" UNDER ARTICLE FIFTEEN OF THE EXECUTIVE LAW  (HUMAN
   36  RIGHTS  LAW),  SECTION FORTY-C OF THE CIVIL RIGHTS LAW, SECTIONS 240.00,
   37  485.00, AND 485.05 OF THE PENAL LAW, AND SECTION 200.50 OF THE  CRIMINAL
   38  PROCEDURE LAW. THIS SUBDIVISION SHALL NOT BAR THE ENFORCEMENT OF A POLI-
   39  CY  PROHIBITING AN EMPLOYEE FROM PERFORMING HIS OR HER EMPLOYMENT DUTIES
   40  WHILE IMPAIRED BY A CONTROLLED SUBSTANCE.   THIS SUBDIVISION  SHALL  NOT
   41  REQUIRE  ANY PERSON OR ENTITY TO DO ANY ACT THAT WOULD PUT THE PERSON OR
   42  ENTITY IN VIOLATION OF FEDERAL  LAW  OR  CAUSE  IT  TO  LOSE  A  FEDERAL
   43  CONTRACT OR FUNDING.
   44    3.  THE  FACT  THAT  A  PERSON IS A CERTIFIED PATIENT AND/OR ACTING IN
   45  ACCORDANCE WITH THIS TITLE, SHALL NOT BE A CONSIDERATION IN A PROCEEDING
   46  PURSUANT TO APPLICABLE SECTIONS  OF  THE  DOMESTIC  RELATIONS  LAW,  THE
   47  SOCIAL SERVICES LAW AND THE FAMILY COURT ACT.
   48    4.  CERTIFICATION  APPLICATIONS,  CERTIFICATION  FORMS,  ANY CERTIFIED
   49  PATIENT INFORMATION CONTAINED WITHIN A DATABASE, AND COPIES OF  REGISTRY
   50  IDENTIFICATION CARDS SHALL BE DEEMED EXEMPT FROM PUBLIC DISCLOSURE UNDER
   51  SECTIONS EIGHTY-SEVEN AND EIGHTY-NINE OF THE PUBLIC OFFICERS LAW.
   52    S  3369-A.  REGULATIONS.  THE  COMMISSIONER  SHALL MAKE REGULATIONS TO
   53  IMPLEMENT THIS TITLE.
   54    S 3369-B. EFFECTIVE DATE. REGISTRY IDENTIFICATION CARDS OR  REGISTERED
   55  ORGANIZATION  REGISTRATIONS SHALL BE ISSUED OR BECOME EFFECTIVE NO LATER
   56  THAN EIGHTEEN MONTHS FROM SIGNING OR UNTIL SUCH TIME AS THE COMMISSIONER
       S. 7923                            14

    1  AND THE SUPERINTENDENT OF STATE POLICE CERTIFY THAT THIS  TITLE  CAN  BE
    2  IMPLEMENTED  IN  ACCORDANCE  WITH  PUBLIC  HEALTH  AND SAFETY INTERESTS,
    3  WHICHEVER EVENT COMES LATER.
    4    S  3369-C.  SUSPEND; TERMINATE.   BASED UPON THE RECOMMENDATION OF THE
    5  COMMISSIONER AND/OR THE SUPERINTENDENT OF STATE POLICE THAT THERE  IS  A
    6  RISK TO THE PUBLIC HEALTH OR SAFETY, THE GOVERNOR MAY IMMEDIATELY TERMI-
    7  NATE ALL LICENSES ISSUED TO REGISTERED ORGANIZATIONS.
    8    S  3369-D. PRICING. 1. EVERY SALE OF MEDICAL MARIHUANA SHALL BE AT THE
    9  PRICE DETERMINED BY THE COMMISSIONER.  EVERY CHARGE MADE OR DEMANDED FOR
   10  MEDICAL MARIHUANA NOT IN ACCORDANCE WITH THE  PRICE  DETERMINED  BY  THE
   11  COMMISSIONER, IS PROHIBITED.
   12    2.  THE COMMISSIONER IS HEREBY AUTHORIZED TO SET THE PER DOSE PRICE OF
   13  EACH FORM OF MEDICAL MARIHUANA SOLD BY ANY REGISTERED  ORGANIZATION.  IN
   14  SETTING  THE  PER  DOSE  PRICE  OF  EACH  FORM OF MEDICAL MARIHUANA, THE
   15  COMMISSIONER SHALL CONSIDER THE FIXED AND VARIABLE  COSTS  OF  PRODUCING
   16  THE  FORM  OF MARIHUANA AND ANY OTHER FACTOR THE COMMISSIONER, IN HIS OR
   17  HER DISCRETION, DEEMS RELEVANT TO DETERMINING THE PER DOSE PRICE OF EACH
   18  FORM OF MEDICAL MARIHUANA.
   19    S 3369-E. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
   20  PART OF THIS ACT SHALL BE ADJUDGED BY ANY COURT OF  COMPETENT  JURISDIC-
   21  TION TO BE INVALID, THE JUDGMENT SHALL NOT AFFECT, IMPAIR, OR INVALIDATE
   22  THE  REMAINDER  THEREOF,  BUT  SHALL BE CONFINED IN ITS OPERATION TO THE
   23  CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PART THEREOF  DIRECTLY  INVOLVED
   24  IN THE CONTROVERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
   25    S  3. Subdivision 2 of section 3371 of the public health law, as added
   26  by section 5 of part A of chapter 447 of the laws of 2012, is amended to
   27  read as follows:
   28    2. The prescription monitoring program registry may be accessed, under
   29  such terms and conditions as  are  established  by  the  department  for
   30  purposes of maintaining the security and confidentiality of the informa-
   31  tion contained in the registry, by:
   32    (a)  a  practitioner,  or  a  designee authorized by such practitioner
   33  pursuant to paragraph (b) of subdivision  two  of  section  thirty-three
   34  hundred  forty-three-a OR SECTION THIRTY-THREE HUNDRED SIXTY-ONE of this
   35  article, for the purposes of: (i)  informing  the  practitioner  that  a
   36  patient  may  be  under treatment with a controlled substance by another
   37  practitioner; (ii) providing  the  practitioner  with  notifications  of
   38  controlled  substance  activity  as  deemed  relevant by the department,
   39  including but not limited to a notification made available on a  monthly
   40  or  other  periodic  basis through the registry of controlled substances
   41  activity pertaining to his or her patient; (iii)  allowing  the  practi-
   42  tioner,  through  consultation  of  the  prescription monitoring program
   43  registry, to review his or her patient's controlled  substances  history
   44  as  required  by  section  thirty-three hundred forty-three-a OR SECTION
   45  THIRTY-THREE HUNDRED SIXTY-ONE of this article; and  (iv)  providing  to
   46  his  or  her  patient, or person authorized pursuant to paragraph (j) of
   47  subdivision one of this section, upon request, a copy of such  patient's
   48  controlled substance history as is available to the practitioner through
   49  the prescription monitoring program registry; or
   50    (b)  a pharmacist, pharmacy intern or other designee authorized by the
   51  pharmacist pursuant to paragraph (b) of  subdivision  three  of  section
   52  thirty-three hundred forty-three-a of this article, for the purposes of:
   53  (i)  consulting  the  prescription monitoring program registry to review
   54  the controlled substances history of an individual for whom one or  more
   55  prescriptions  for controlled substances OR CERTIFICATIONS FOR MARIHUANA
   56  is presented to the pharmacist, pursuant to section thirty-three hundred
       S. 7923                            15

    1  forty-three-a of this article; and (ii) receiving  from  the  department
    2  such  notifications  of controlled substance activity as are made avail-
    3  able by the department[.]; OR
    4    (C)  AN  INDIVIDUAL  EMPLOYED  BY  A  REGISTERED  ORGANIZATION FOR THE
    5  PURPOSE OF CONSULTING THE PRESCRIPTION MONITORING  PROGRAM  REGISTRY  TO
    6  REVIEW  THE  CONTROLLED SUBSTANCES HISTORY OF AN INDIVIDUAL FOR WHOM ONE
    7  OR MORE CERTIFICATIONS FOR MARIHUANA IS  PRESENTED  TO  THAT  REGISTERED
    8  ORGANIZATION,  PURSUANT  TO  SECTION  THIRTY-THREE HUNDRED SIXTY-FOUR OF
    9  THIS ARTICLE. UNLESS OTHERWISE AUTHORIZED BY THIS ARTICLE, AN INDIVIDUAL
   10  EMPLOYED BY A REGISTERED ORGANIZATION WILL BE  PROVIDED  ACCESS  TO  THE
   11  PRESCRIPTION  MONITORING  PROGRAM  IN THE SOLE DISCRETION OF THE COMMIS-
   12  SIONER.
   13    S 4. The tax law is amended by adding a new article 20-B  to  read  as
   14  follows:
   15                                ARTICLE 20-B
   16                       EXCISE TAX ON MEDICAL MARIHUANA
   17  SECTION 490. DEFINITIONS.
   18          491. RETURNS TO BE SECRET.
   19    S  490.    DEFINITIONS.  1. (A) ALL DEFINITIONS OF TERMS APPLICABLE TO
   20  TITLE FIVE-A OF ARTICLE THIRTY-THREE OF  THE  PUBLIC  HEALTH  LAW  SHALL
   21  APPLY TO THIS ARTICLE.
   22    (B)  AS USED IN THIS SECTION, WHERE NOT OTHERWISE SPECIFICALLY DEFINED
   23  AND UNLESS A DIFFERENT MEANING IS CLEARLY REQUIRED "GROSS RECEIPT" MEANS
   24  THE AMOUNT RECEIVED IN OR BY REASON OF ANY SALE, CONDITIONAL  OR  OTHER-
   25  WISE,  OF  MEDICAL  MARIHUANA  OR  IN  OR BY REASON OF THE FURNISHING OF
   26  MEDICAL MARIHUANA FROM THE SALE  OF  MEDICAL  MARIHUANA  PROVIDED  BY  A
   27  REGISTERED  ORGANIZATION TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER.
   28  GROSS RECEIPT IS EXPRESSED IN MONEY, WHETHER PAID  IN  CASH,  CREDIT  OR
   29  PROPERTY  OF  ANY  KIND  OR  NATURE, AND SHALL BE DETERMINED WITHOUT ANY
   30  DEDUCTION THEREFROM ON ACCOUNT OF THE COST OF THE SERVICE  SOLD  OR  THE
   31  COST  OF  MATERIALS,  LABOR OR SERVICES USED OR OTHER COSTS, INTEREST OR
   32  DISCOUNT PAID, OR ANY OTHER EXPENSES WHATSOEVER. "AMOUNT  RECEIVED"  FOR
   33  THE  PURPOSE  OF  THE  DEFINITION  OF  GROSS  RECEIPT, AS THE TERM GROSS
   34  RECEIPT IS USED THROUGHOUT THIS ARTICLE, MEANS THE  AMOUNT  CHARGED  FOR
   35  THE PROVISION OF MEDICAL MARIHUANA.
   36    2.  THERE  IS  HEREBY IMPOSED AN EXCISE TAX ON THE GROSS RECEIPTS FROM
   37  THE SALE OF MEDICAL MARIHUANA BY A REGISTERED ORGANIZATION TO  A  CERTI-
   38  FIED  PATIENT  OR  DESIGNATED  CAREGIVER,  TO  BE PAID BY THE REGISTERED
   39  ORGANIZATION, AT THE RATE OF SEVEN PERCENT.  THE  TAX  IMPOSED  BY  THIS
   40  ARTICLE SHALL BE CHARGED AGAINST AND BE PAID BY THE REGISTERED ORGANIZA-
   41  TION  AND  SHALL  NOT  BE ADDED AS A SEPARATE CHARGE OR LINE ITEM ON ANY
   42  SALES SLIP, INVOICE, RECEIPT OR OTHER STATEMENT  OR  MEMORANDUM  OF  THE
   43  PRICE GIVEN TO THE RETAIL CUSTOMER.
   44    3.  THE  COMMISSIONER  MAY  MAKE,  ADOPT AND AMEND RULES, REGULATIONS,
   45  PROCEDURES AND FORMS NECESSARY FOR THE  PROPER  ADMINISTRATION  OF  THIS
   46  ARTICLE.
   47    4. EVERY REGISTERED ORGANIZATION THAT MAKES SALES OF MEDICAL MARIHUANA
   48  SUBJECT TO THE TAX IMPOSED BY THIS ARTICLE SHALL, ON OR BEFORE THE TWEN-
   49  TIETH  DATE  OF EACH MONTH, FILE WITH THE COMMISSIONER A RETURN ON FORMS
   50  TO BE PRESCRIBED BY THE COMMISSIONER,  SHOWING  ITS  RECEIPTS  FROM  THE
   51  RETAIL SALE OF MEDICAL MARIHUANA DURING THE PRECEDING CALENDAR MONTH AND
   52  THE  AMOUNT  OF TAX DUE THEREON. SUCH RETURNS SHALL CONTAIN SUCH FURTHER
   53  INFORMATION AS THE COMMISSIONER MAY REQUIRE. EVERY REGISTERED  ORGANIZA-
   54  TION  REQUIRED TO FILE A RETURN UNDER THIS SECTION SHALL, AT THE TIME OF
   55  FILING SUCH RETURN, PAY TO THE COMMISSIONER THE TOTAL AMOUNT OF TAX  DUE
   56  ON  ITS RETAIL SALES OF MEDICAL MARIHUANA FOR THE PERIOD COVERED BY SUCH
       S. 7923                            16

    1  RETURN. IF A RETURN IS NOT FILED WHEN DUE, THE TAX SHALL BE DUE  ON  THE
    2  DAY ON WHICH THE RETURN IS REQUIRED TO BE FILED.
    3    5.  WHENEVER THE COMMISSIONER SHALL DETERMINE THAT ANY MONEYS RECEIVED
    4  UNDER THE PROVISIONS OF THIS ARTICLE WERE PAID IN ERROR,  HE  MAY  CAUSE
    5  THE  SAME  TO  BE REFUNDED, WITH INTEREST, IN ACCORDANCE WITH SUCH RULES
    6  AND REGULATIONS AS HE MAY PRESCRIBE, EXCEPT THAT NO  INTEREST  SHALL  BE
    7  ALLOWED  OR  PAID  IF  THE AMOUNT THEREOF WOULD BE LESS THAN ONE DOLLAR.
    8  SUCH INTEREST SHALL BE AT THE OVERPAYMENT RATE SET BY  THE  COMMISSIONER
    9  PURSUANT  TO SUBDIVISION TWENTY-SIXTH OF SECTION ONE HUNDRED SEVENTY-ONE
   10  OF THIS CHAPTER, OR IF NO RATE IS SET, AT THE RATE OF  SIX  PERCENT  PER
   11  ANNUM,  FROM  THE  DATE WHEN THE TAX, PENALTY OR INTEREST TO BE REFUNDED
   12  WAS PAID TO A DATE PRECEDING THE DATE OF THE REFUND CHECK  BY  NOT  MORE
   13  THAN  THIRTY  DAYS.  PROVIDED,  HOWEVER,  THAT  FOR THE PURPOSES OF THIS
   14  SUBDIVISION, ANY TAX PAID BEFORE THE LAST DAY PRESCRIBED FOR ITS PAYMENT
   15  SHALL BE DEEMED TO HAVE BEEN PAID ON SUCH LAST DAY. SUCH MONEYS RECEIVED
   16  UNDER THE PROVISIONS OF THIS ARTICLE WHICH THE COMMISSIONER SHALL DETER-
   17  MINE WERE PAID IN ERROR, MAY BE REFUNDED OUT OF FUNDS IN THE CUSTODY  OF
   18  THE  COMPTROLLER  TO  THE  CREDIT  OF SUCH TAXES PROVIDED AN APPLICATION
   19  THEREFOR IS FILED WITH THE COMMISSIONER WITHIN TWO YEARS FROM  THE  TIME
   20  THE ERRONEOUS PAYMENT WAS MADE.
   21    6.  THE PROVISIONS OF ARTICLE TWENTY-SEVEN OF THIS CHAPTER SHALL APPLY
   22  TO THE TAX IMPOSED BY THIS ARTICLE IN THE SAME MANNER AND WITH THE  SAME
   23  FORCE  AND  EFFECT  AS IF THE LANGUAGE OF SUCH ARTICLE HAD BEEN INCORPO-
   24  RATED IN FULL INTO THIS SECTION AND HAD EXPRESSLY REFERRED  TO  THE  TAX
   25  IMPOSED BY THIS ARTICLE, EXCEPT TO THE EXTENT THAT ANY PROVISION OF SUCH
   26  ARTICLE  IS  EITHER  INCONSISTENT WITH A PROVISION OF THIS ARTICLE OR IS
   27  NOT RELEVANT TO THIS ARTICLE.
   28    7. ALL TAXES, INTEREST AND PENALTIES  COLLECTED  OR  RECEIVED  BY  THE
   29  COMMISSIONER  UNDER  THIS  ARTICLE  SHALL  BE  DEPOSITED AND DISPOSED OF
   30  PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED SEVENTY-ONE-A OF  THIS
   31  CHAPTER,  PROVIDED THAT AN AMOUNT EQUAL TO ONE HUNDRED PERCENT COLLECTED
   32  UNDER THIS ARTICLE LESS ANY AMOUNT DETERMINED BY THE COMMISSIONER TO  BE
   33  RESERVED  BY THE COMPTROLLER FOR REFUNDS OR REIMBURSEMENTS SHALL BE PAID
   34  BY THE COMPTROLLER TO THE CREDIT OF THE  MEDICAL  MARIHUANA  TRUST  FUND
   35  ESTABLISHED BY SECTION EIGHTY-NINE-H OF THE STATE FINANCE LAW.
   36    8.  A  REGISTERED  ORGANIZATION THAT DISPENSES MEDICAL MARIHUANA SHALL
   37  PROVIDE TO THE DEPARTMENT INFORMATION ON WHERE THE MEDICAL MARIHUANA WAS
   38  DISPENSED AND WHERE THE MEDICAL MARIHUANA WAS MANUFACTURED. A REGISTERED
   39  ORGANIZATION THAT OBTAINS MARIHUANA FROM ANOTHER REGISTERED ORGANIZATION
   40  SHALL OBTAIN FROM SUCH REGISTERED ORGANIZATION INFORMATION ON WHERE  THE
   41  MEDICAL MARIHUANA WAS MANUFACTURED.
   42    S 491. RETURNS TO BE SECRET. 1. EXCEPT IN ACCORDANCE WITH PROPER JUDI-
   43  CIAL  ORDER OR AS IN THIS SECTION OR OTHERWISE PROVIDED BY LAW, IT SHALL
   44  BE UNLAWFUL FOR THE COMMISSIONER, ANY OFFICER OR EMPLOYEE OF THE DEPART-
   45  MENT, OR ANY OFFICER OR PERSON WHO, PURSUANT TO THIS SECTION, IS PERMIT-
   46  TED TO INSPECT ANY RETURN OR REPORT OR TO WHOM A COPY, AN ABSTRACT OR  A
   47  PORTION OF ANY RETURN OR REPORT IS FURNISHED, OR TO WHOM ANY INFORMATION
   48  CONTAINED IN ANY RETURN OR REPORT IS FURNISHED, OR ANY PERSON ENGAGED OR
   49  RETAINED  BY  SUCH  DEPARTMENT  ON  AN INDEPENDENT CONTRACT BASIS OR ANY
   50  PERSON WHO IN ANY MANNER MAY ACQUIRE KNOWLEDGE  OF  THE  CONTENTS  OF  A
   51  RETURN OR REPORT FILED PURSUANT TO THIS ARTICLE TO DIVULGE OR MAKE KNOWN
   52  IN  ANY  MANNER  THE  CONTENTS  OR ANY OTHER INFORMATION RELATING TO THE
   53  BUSINESS OF A DISTRIBUTOR, OWNER OR OTHER PERSON CONTAINED IN ANY RETURN
   54  OR REPORT REQUIRED UNDER THIS ARTICLE.   THE OFFICERS CHARGED  WITH  THE
   55  CUSTODY  OF SUCH RETURNS OR REPORTS SHALL NOT BE REQUIRED TO PRODUCE ANY
   56  OF THEM OR EVIDENCE OF ANYTHING CONTAINED  IN  THEM  IN  ANY  ACTION  OR
       S. 7923                            17

    1  PROCEEDING  IN  ANY  COURT,  EXCEPT  ON  BEHALF  OF THE STATE, THE STATE
    2  DEPARTMENT OF HEALTH, OR THE COMMISSIONER IN  AN  ACTION  OR  PROCEEDING
    3  UNDER  THE  PROVISIONS  OF THIS CHAPTER OR ON BEHALF OF THE STATE OR THE
    4  COMMISSIONER  IN ANY OTHER ACTION OR PROCEEDING INVOLVING THE COLLECTION
    5  OF A TAX DUE UNDER THIS CHAPTER TO WHICH THE STATE OR  THE  COMMISSIONER
    6  IS  A  PARTY  OR  A  CLAIMANT OR ON BEHALF OF ANY PARTY TO ANY ACTION OR
    7  PROCEEDING UNDER THE PROVISIONS OF THIS ARTICLE, WHEN THE RETURNS OR THE
    8  REPORTS OR THE FACTS SHOWN THEREBY ARE DIRECTLY INVOLVED IN SUCH  ACTION
    9  OR  PROCEEDING, OR IN AN ACTION OR PROCEEDING RELATING TO THE REGULATION
   10  OR TAXATION OF MEDICAL MARIHUANA ON BEHALF OF OFFICERS TO WHOM  INFORMA-
   11  TION  SHALL  HAVE  BEEN  SUPPLIED AS PROVIDED IN SUBDIVISION TWO OF THIS
   12  SECTION, IN ANY OF WHICH EVENTS THE COURT MAY REQUIRE THE PRODUCTION OF,
   13  AND MAY ADMIT IN EVIDENCE SO MUCH OF SAID RETURNS OR REPORTS OR  OF  THE
   14  FACTS  SHOWN THEREBY AS ARE PERTINENT TO THE ACTION OR PROCEEDING AND NO
   15  MORE. NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT THE COMMISSIONER, IN
   16  HIS OR HER DISCRETION, FROM ALLOWING THE INSPECTION  OR  DELIVERY  OF  A
   17  CERTIFIED  COPY  OF  ANY RETURN OR REPORT FILED UNDER THIS ARTICLE OR OF
   18  ANY INFORMATION CONTAINED IN ANY SUCH RETURN OR REPORT BY OR TO  A  DULY
   19  AUTHORIZED  OFFICER OR EMPLOYEE OF THE STATE DEPARTMENT OF HEALTH; OR BY
   20  OR TO THE ATTORNEY GENERAL OR OTHER LEGAL REPRESENTATIVES OF  THE  STATE
   21  WHEN AN ACTION SHALL HAVE BEEN RECOMMENDED OR COMMENCED PURSUANT TO THIS
   22  CHAPTER  IN WHICH SUCH RETURNS OR REPORTS OR THE FACTS SHOWN THEREBY ARE
   23  DIRECTLY INVOLVED; OR THE INSPECTION OF THE RETURNS OR REPORTS  REQUIRED
   24  UNDER  THIS  ARTICLE  BY  THE  COMPTROLLER OR DULY DESIGNATED OFFICER OR
   25  EMPLOYEE OF THE STATE DEPARTMENT OF AUDIT AND CONTROL, FOR  PURPOSES  OF
   26  THE  AUDIT  OF  A REFUND OF ANY TAX PAID BY A REGISTERED ORGANIZATION OR
   27  OTHER PERSON UNDER THIS ARTICLE; NOR  TO  PROHIBIT  THE  DELIVERY  TO  A
   28  REGISTERED  ORGANIZATION,  OR  A  DULY AUTHORIZED REPRESENTATIVE OF SUCH
   29  REGISTERED ORGANIZATION, A CERTIFIED COPY OF ANY RETURN OR REPORT  FILED
   30  BY SUCH REGISTERED ORGANIZATION PURSUANT TO THIS ARTICLE, NOR TO PROHIB-
   31  IT  THE  PUBLICATION OF STATISTICS SO CLASSIFIED AS TO PREVENT THE IDEN-
   32  TIFICATION OF PARTICULAR RETURNS OR REPORTS AND THE ITEMS THEREOF.
   33    2. THE COMMISSIONER, IN HIS OR HER DISCRETION  AND  PURSUANT  TO  SUCH
   34  RULES AND REGULATIONS AS HE OR SHE MAY ADOPT, MAY PERMIT THE COMMISSION-
   35  ER OF INTERNAL REVENUE OF THE UNITED STATES, OR THE APPROPRIATE OFFICERS
   36  OF  ANY  OTHER  STATE WHICH REGULATES OR TAXES MEDICAL MARIHUANA, OR THE
   37  DULY AUTHORIZED REPRESENTATIVES OF SUCH  COMMISSIONER  OR  OF  ANY  SUCH
   38  OFFICERS,  TO  INSPECT RETURNS OR REPORTS MADE PURSUANT TO THIS ARTICLE,
   39  OR MAY FURNISH TO SUCH COMMISSIONER OR OTHER OFFICERS, OR  DULY  AUTHOR-
   40  IZED REPRESENTATIVES, A COPY OF ANY SUCH RETURN OR REPORT OR AN ABSTRACT
   41  OF  THE  INFORMATION  THEREIN  CONTAINED, OR ANY PORTION THEREOF, OR MAY
   42  SUPPLY SUCH COMMISSIONER OR ANY SUCH OFFICERS  OR  SUCH  REPRESENTATIVES
   43  WITH  INFORMATION  RELATING TO THE BUSINESS OF A REGISTERED ORGANIZATION
   44  MAKING RETURNS OR REPORTS HEREUNDER.  THE  COMMISSIONER  MAY  REFUSE  TO
   45  SUPPLY  INFORMATION  PURSUANT TO THIS SUBDIVISION TO THE COMMISSIONER OF
   46  INTERNAL REVENUE OF THE UNITED STATES OR TO THE OFFICERS  OF  ANY  OTHER
   47  STATE  IF THE STATUTES OF THE UNITED STATES, OR OF THE STATE REPRESENTED
   48  BY SUCH OFFICERS, DO NOT GRANT SUBSTANTIALLY SIMILAR PRIVILEGES  TO  THE
   49  COMMISSIONER, BUT SUCH REFUSAL SHALL NOT BE MANDATORY. INFORMATION SHALL
   50  NOT  BE  SUPPLIED  TO THE COMMISSIONER OF INTERNAL REVENUE OF THE UNITED
   51  STATES OR THE APPROPRIATE OFFICERS OF ANY OTHER STATE WHICH REGULATES OR
   52  TAXES MEDICAL MARIHUANA, OR THE DULY AUTHORIZED REPRESENTATIVES OF  SUCH
   53  COMMISSIONER OR OF ANY OF SUCH OFFICERS, UNLESS SUCH COMMISSIONER, OFFI-
   54  CER OR OTHER REPRESENTATIVES SHALL AGREE NOT TO DIVULGE OR MAKE KNOWN IN
   55  ANY  MANNER  THE INFORMATION SO SUPPLIED, BUT SUCH OFFICERS MAY TRANSMIT
   56  SUCH INFORMATION TO THEIR EMPLOYEES OR LEGAL REPRESENTATIVES WHEN NECES-
       S. 7923                            18

    1  SARY, WHO IN TURN SHALL BE SUBJECT TO THE  SAME  RESTRICTIONS  AS  THOSE
    2  HEREBY IMPOSED UPON SUCH COMMISSIONER, OFFICER OR OTHER REPRESENTATIVES.
    3    3. (A) ANY OFFICER OR EMPLOYEE OF THE STATE WHO WILLFULLY VIOLATES THE
    4  PROVISIONS  OF SUBDIVISION ONE OR TWO OF THIS SECTION SHALL BE DISMISSED
    5  FROM OFFICE AND BE INCAPABLE OF HOLDING ANY PUBLIC OFFICE IN THIS  STATE
    6  FOR A PERIOD OF FIVE YEARS THEREAFTER.
    7    (B)  CROSS-REFERENCE: FOR CRIMINAL PENALTIES, SEE ARTICLE THIRTY-SEVEN
    8  OF THIS CHAPTER.
    9    S 5. The state finance law is amended by adding a new section 89-h  to
   10  read as follows:
   11    S  89-H. MEDICAL MARIHUANA TRUST FUND.  1. THERE IS HEREBY ESTABLISHED
   12  IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND  THE  COMMISSIONER  OF
   13  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "MEDICAL MARIHUA-
   14  NA TRUST FUND."
   15    2.  THE  MEDICAL  MARIHUANA  TRUST  FUND  SHALL  CONSIST OF ALL MONEYS
   16  REQUIRED TO BE DEPOSITED IN THE MEDICAL MARIHUANA TRUST FUND PURSUANT TO
   17  THE PROVISIONS OF SECTION FOUR HUNDRED NINETY OF THE TAX LAW.
   18    3. THE MONEYS IN THE MEDICAL MARIHUANA TRUST FUND SHALL BE KEPT  SEPA-
   19  RATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF
   20  THE COMMISSIONER OF TAXATION AND FINANCE AND THE STATE COMPTROLLER.
   21    4. THE MONEYS OF THE MEDICAL MARIHUANA TRUST FUND, FOLLOWING APPROPRI-
   22  ATION  BY  THE  LEGISLATURE,  SHALL  BE  ALLOCATED UPON A CERTIFICATE OF
   23  APPROVAL OF AVAILABILITY BY THE DIRECTOR OF THE BUDGET AS FOLLOWS:   (A)
   24  TWENTY-TWO AND FIVE-TENTHS PERCENT OF THE MONIES SHALL BE TRANSFERRED TO
   25  THE  COUNTIES IN NEW YORK STATE IN WHICH THE MEDICAL MARIHUANA WAS MANU-
   26  FACTURED AND ALLOCATED IN PROPORTION TO THE GROSS SALES ORIGINATING FROM
   27  MEDICAL MARIHUANA MANUFACTURED IN EACH SUCH COUNTY; (B)  TWENTY-TWO  AND
   28  FIVE-TENTHS  PERCENT  OF THE MONEYS SHALL BE TRANSFERRED TO THE COUNTIES
   29  IN NEW YORK STATE IN WHICH THE MEDICAL MARIHUANA WAS DISPENSED AND ALLO-
   30  CATED IN PROPORTION TO THE GROSS SALES OCCURRING IN  EACH  SUCH  COUNTY;
   31  (C)  FIVE  PERCENT  OF  THE MONIES SHALL BE TRANSFERRED TO THE OFFICE OF
   32  ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, WHICH SHALL  USE  THAT  REVENUE
   33  FOR ADDITIONAL DRUG ABUSE PREVENTION, COUNSELING AND TREATMENT SERVICES;
   34  AND  (D) FIVE PERCENT OF THE REVENUE RECEIVED BY THE DEPARTMENT SHALL BE
   35  TRANSFERRED TO THE DIVISION OF CRIMINAL JUSTICE  SERVICES,  WHICH  SHALL
   36  USE  THAT  REVENUE  FOR  A  PROGRAM OF DISCRETIONARY GRANTS TO STATE AND
   37  LOCAL LAW ENFORCEMENT AGENCIES THAT DEMONSTRATE A NEED RELATING TO TITLE
   38  FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC  HEALTH  LAW;  SAID  GRANTS
   39  COULD  BE  USED  FOR  PERSONNEL COSTS OF STATE AND LOCAL LAW ENFORCEMENT
   40  AGENCIES. FOR PURPOSES OF THIS SUBDIVISION, THE CITY OF NEW  YORK  SHALL
   41  BE DEEMED TO BE A COUNTY.
   42    S  6.  Subdivision  1  of  section 171-a of the tax law, as amended by
   43  section 1 of part R of chapter 60 of the laws of  2004,  is  amended  to
   44  read as follows:
   45    1.  All  taxes,  interest, penalties and fees collected or received by
   46  the commissioner or the commissioner's duly authorized agent under arti-
   47  cles nine (except section one hundred eighty-two-a thereof and except as
   48  otherwise  provided  in  section  two  hundred  five  thereof),  nine-A,
   49  twelve-A  (except  as  otherwise provided in section two hundred eighty-
   50  four-d thereof), thirteen, thirteen-A (except as otherwise  provided  in
   51  section  three  hundred  twelve  thereof),  eighteen,  nineteen,  twenty
   52  (except as otherwise provided in section four hundred eighty-two  there-
   53  of),  TWENTY-B twenty-one, twenty-two, twenty-six, twenty-six-B, twenty-
   54  eight (except as otherwise provided in section  eleven  hundred  two  or
   55  eleven  hundred  three  thereof),  twenty-eight-A, thirty-one (except as
   56  otherwise provided in  section  fourteen  hundred  twenty-one  thereof),
       S. 7923                            19

    1  thirty-two,  thirty-three  and  thirty-three-A  of this chapter shall be
    2  deposited daily in one account  with  such  responsible  banks,  banking
    3  houses  or  trust  companies as may be designated by the comptroller, to
    4  the credit of the comptroller. Such an account may be established in one
    5  or  more  of such depositories. Such deposits shall be kept separate and
    6  apart from all other money in the possession  of  the  comptroller.  The
    7  comptroller  shall require adequate security from all such depositories.
    8  Of the total revenue collected or received under such articles  of  this
    9  chapter,  the  comptroller  shall retain in the comptroller's hands such
   10  amount as the commissioner may determine to be necessary for refunds  or
   11  reimbursements under such articles of this chapter and article ten ther-
   12  eof  out  of  which  amount  the  comptroller  shall  pay any refunds or
   13  reimbursements to which taxpayers shall be entitled under the provisions
   14  of such articles of this chapter and article ten  thereof.  The  commis-
   15  sioner  and  the comptroller shall maintain a system of accounts showing
   16  the amount of revenue collected or  received  from  each  of  the  taxes
   17  imposed by such articles. The comptroller, after reserving the amount to
   18  pay such refunds or reimbursements, shall, on or before the tenth day of
   19  each  month,  pay  into  the state treasury to the credit of the general
   20  fund all revenue deposited  under  this  section  during  the  preceding
   21  calendar month and remaining to the comptroller's credit on the last day
   22  of  such  preceding  month, (i) except that the comptroller shall pay to
   23  the state department of social services that amount of  overpayments  of
   24  tax  imposed  by  article twenty-two of this chapter and the interest on
   25  such amount which is certified to the comptroller by the commissioner as
   26  the amount to be credited against past-due support pursuant to  subdivi-
   27  sion  six of section one hundred seventy-one-c of this chapter, (ii) and
   28  except that the comptroller shall pay  to  the  New  York  state  higher
   29  education  services  corporation and the state university of New York or
   30  the city university of New York respectively that amount of overpayments
   31  of tax imposed by article twenty-two of this chapter and the interest on
   32  such amount which is certified to the comptroller by the commissioner as
   33  the amount to be credited against the amount of defaults in repayment of
   34  guaranteed student loans and state university loans or  city  university
   35  loans  pursuant to subdivision five of section one hundred seventy-one-d
   36  and subdivision six of section one hundred seventy-one-e of  this  chap-
   37  ter,  (iii)  and except further that, notwithstanding any law, the comp-
   38  troller shall credit to  the  revenue  arrearage  account,  pursuant  to
   39  section  ninety-one-a  of the state finance law, that amount of overpay-
   40  ment of tax imposed by article nine, nine-A, twenty-two,  thirty,  thir-
   41  ty-A,  thirty-B,  thirty-two  or  thirty-three  of this chapter, and any
   42  interest thereon, which is certified to the comptroller by  the  commis-
   43  sioner as the amount to be credited against a past-due legally enforcea-
   44  ble debt owed to a state agency pursuant to paragraph (a) of subdivision
   45  six  of  section  one  hundred  seventy-one-f of this article, provided,
   46  however, he shall credit to the special offset fiduciary account, pursu-
   47  ant to section ninety-one-c of the state finance law,  any  such  amount
   48  creditable  as  a liability as set forth in paragraph (b) of subdivision
   49  six of section one hundred  seventy-one-f  of  this  article,  (iv)  and
   50  except  further  that  the comptroller shall pay to the city of New York
   51  that amount of overpayment of tax imposed by article nine, nine-A, twen-
   52  ty-two, thirty, thirty-A, thirty-B, thirty-two, or thirty-three of  this
   53  chapter and any interest thereon that is certified to the comptroller by
   54  the  commissioner  as the amount to be credited against city of New York
   55  tax warrant judgment debt pursuant to section one hundred  seventy-one-l
   56  of  this  article, (v) and except further that the comptroller shall pay
       S. 7923                            20

    1  to a non-obligated spouse that amount of overpayment of tax  imposed  by
    2  article twenty-two of this chapter and the interest on such amount which
    3  has  been  credited  pursuant  to section one hundred seventy-one-c, one
    4  hundred  seventy-one-d,  one hundred seventy-one-e, one hundred seventy-
    5  one-f or one hundred seventy-one-l of this article and which  is  certi-
    6  fied  to the comptroller by the commissioner as the amount due such non-
    7  obligated spouse pursuant to paragraph six of subsection (b) of  section
    8  six  hundred  fifty-one  of this chapter; and (vi) the comptroller shall
    9  deduct a like amount which the comptroller shall pay into  the  treasury
   10  to  the  credit of the general fund from amounts subsequently payable to
   11  the department of social services, the state university of New York, the
   12  city university of New York, or the  higher  education  services  corpo-
   13  ration,  or  the  revenue  arrearage account or special offset fiduciary
   14  account pursuant to section ninety-one-a or ninety-one-c  of  the  state
   15  finance  law, as the case may be, whichever had been credited the amount
   16  originally withheld from such overpayment, and  (vii)  with  respect  to
   17  amounts  originally  withheld  from such overpayment pursuant to section
   18  one hundred seventy-one-l of this article and paid to the  city  of  New
   19  York,  the  comptroller shall collect a like amount from the city of New
   20  York.
   21    S 7. Subdivision 1 of section 171-a of the  tax  law,  as  amended  by
   22  section  54  of  part A of chapter 59 of the laws of 2014, is amended to
   23  read as follows:
   24    1. All taxes, interest, penalties and fees collected  or  received  by
   25  the commissioner or the commissioner's duly authorized agent under arti-
   26  cles nine (except section one hundred eighty-two-a thereof and except as
   27  otherwise  provided  in  section  two  hundred  five  thereof),  nine-A,
   28  twelve-A (except as otherwise provided in section  two  hundred  eighty-
   29  four-d  thereof),  thirteen, thirteen-A (except as otherwise provided in
   30  section  three  hundred  twelve  thereof),  eighteen,  nineteen,  twenty
   31  (except  as otherwise provided in section four hundred eighty-two there-
   32  of), TWENTY-B, twenty-one, twenty-two, twenty-six,  twenty-six-B,  twen-
   33  ty-eight  (except as otherwise provided in section eleven hundred two or
   34  eleven hundred three thereof),  twenty-eight-A,  thirty-one  (except  as
   35  otherwise  provided  in  section  fourteen  hundred twenty-one thereof),
   36  thirty-three and thirty-three-A of this chapter shall be deposited daily
   37  in one account with such responsible  banks,  banking  houses  or  trust
   38  companies  as may be designated by the comptroller, to the credit of the
   39  comptroller. Such an account may be established in one or more  of  such
   40  depositories.  Such  deposits  shall be kept separate and apart from all
   41  other money in the possession of the comptroller. The comptroller  shall
   42  require  adequate  security  from  all  such  depositories. Of the total
   43  revenue collected or received under such articles of this  chapter,  the
   44  comptroller  shall  retain in the comptroller's hands such amount as the
   45  commissioner may determine to be necessary for refunds or reimbursements
   46  under such articles of this chapter out of which amount the  comptroller
   47  shall  pay  any  refunds  or  reimbursements to which taxpayers shall be
   48  entitled under the provisions of such  articles  of  this  chapter.  The
   49  commissioner  and  the  comptroller  shall maintain a system of accounts
   50  showing the amount of revenue collected or received  from  each  of  the
   51  taxes  imposed  by  such  articles. The comptroller, after reserving the
   52  amount to pay such refunds or reimbursements, shall, on  or  before  the
   53  tenth  day  of  each month, pay into the state treasury to the credit of
   54  the general fund all revenue deposited under  this  section  during  the
   55  preceding  calendar  month  and remaining to the comptroller's credit on
   56  the last day of such preceding month, (i) except  that  the  comptroller
       S. 7923                            21

    1  shall  pay  to  the  state  department of social services that amount of
    2  overpayments of tax imposed by article twenty-two of  this  chapter  and
    3  the interest on such amount which is certified to the comptroller by the
    4  commissioner  as  the  amount  to  be  credited against past-due support
    5  pursuant to subdivision six of section one hundred seventy-one-c of this
    6  article, (ii) and except that the comptroller shall pay to the New  York
    7  state  higher education services corporation and the state university of
    8  New York or the city university of New York respectively that amount  of
    9  overpayments  of  tax  imposed by article twenty-two of this chapter and
   10  the interest on such amount which is certified to the comptroller by the
   11  commissioner as the amount to be credited against the amount of defaults
   12  in repayment of guaranteed student loans and state university  loans  or
   13  city  university  loans  pursuant  to  subdivision  five  of section one
   14  hundred seventy-one-d and subdivision six of section one hundred  seven-
   15  ty-one-e of this article, (iii) and except further that, notwithstanding
   16  any  law, the comptroller shall credit to the revenue arrearage account,
   17  pursuant to section ninety-one-a of the state finance law,  that  amount
   18  of overpayment of tax imposed by article nine, nine-A, twenty-two, thir-
   19  ty, thirty-A, thirty-B or thirty-three of this chapter, and any interest
   20  thereon,  which  is  certified to the comptroller by the commissioner as
   21  the amount to be credited against a past-due  legally  enforceable  debt
   22  owed  to  a state agency pursuant to paragraph (a) of subdivision six of
   23  section one hundred seventy-one-f of this article, provided, however, he
   24  shall credit to  the  special  offset  fiduciary  account,  pursuant  to
   25  section  ninety-one-c of the state finance law, any such amount credita-
   26  ble as a liability as set forth in paragraph (b) of subdivision  six  of
   27  section  one  hundred  seventy-one-f  of  this  article, (iv) and except
   28  further that the comptroller shall pay to the  city  of  New  York  that
   29  amount  of  overpayment  of tax imposed by article nine, nine-A, twenty-
   30  two, thirty, thirty-A, thirty-B or thirty-three of this chapter and  any
   31  interest thereon that is certified to the comptroller by the commission-
   32  er  as  the  amount  to be credited against city of New York tax warrant
   33  judgment debt pursuant to section  one  hundred  seventy-one-l  of  this
   34  article,  (v)  and  except  further  that the comptroller shall pay to a
   35  non-obligated spouse that amount of overpayment of tax imposed by  arti-
   36  cle twenty-two of this chapter and the interest on such amount which has
   37  been credited pursuant to section one hundred seventy-one-c, one hundred
   38  seventy-one-d,  one  hundred seventy-one-e, one hundred seventy-one-f or
   39  one hundred seventy-one-l of this article and which is certified to  the
   40  comptroller  by  the  commissioner  as the amount due such non-obligated
   41  spouse pursuant to paragraph  six  of  subsection  (b)  of  section  six
   42  hundred fifty-one of this chapter; and (vi) the comptroller shall deduct
   43  a  like  amount which the comptroller shall pay into the treasury to the
   44  credit of the general fund from  amounts  subsequently  payable  to  the
   45  department  of  social  services,  the state university of New York, the
   46  city university of New York, or the  higher  education  services  corpo-
   47  ration,  or  the  revenue  arrearage account or special offset fiduciary
   48  account pursuant to section ninety-one-a or ninety-one-c  of  the  state
   49  finance  law, as the case may be, whichever had been credited the amount
   50  originally withheld from such overpayment, and  (vii)  with  respect  to
   51  amounts  originally  withheld  from such overpayment pursuant to section
   52  one hundred seventy-one-l of this article and paid to the  city  of  New
   53  York,  the  comptroller shall collect a like amount from the city of New
   54  York.
   55    S 7-a. Section 853 of the general business law is amended by adding  a
   56  new subdivision 3 to read as follows:
       S. 7923                            22

    1    3.  THIS ARTICLE SHALL NOT APPLY TO ANY SALE, FURNISHING OR POSSESSION
    2  WHICH IS FOR A LAWFUL PURPOSE UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE
    3  OF THE PUBLIC HEALTH LAW.
    4    S  8.  Section 221.00 of the penal law, as added by chapter 360 of the
    5  laws of 1977, is amended to read as follows:
    6  S 221.00 Marihuana; definitions.
    7    Unless the context in which they are used clearly otherwise  requires,
    8  the terms occurring in this article shall have the same meaning ascribed
    9  to  them in article two hundred twenty of this chapter.  ANY ACT THAT IS
   10  LAWFUL UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE  PUBLIC  HEALTH
   11  LAW IS NOT A VIOLATION OF THIS ARTICLE.
   12    S  9.  The penal law is amended by adding a new article 179 to read as
   13  follows:

   14                                 ARTICLE 179
   15                   CRIMINAL DIVERSION OF MEDICAL MARIHUANA
   16  SECTION 179.00 CRIMINAL DIVERSION OF MEDICAL MARIHUANA; DEFINITIONS.
   17          179.05 CRIMINAL DIVERSION OF MEDICAL MARIHUANA; LIMITATIONS.
   18          179.10 CRIMINAL DIVERSION OF  MEDICAL  MARIHUANA  IN  THE  FIRST
   19                   DEGREE.
   20          179.11 CRIMINAL  DIVERSION  OF  MEDICAL  MARIHUANA IN THE SECOND
   21                   DEGREE.
   22          179.15 CRIMINAL RETENTION OF MEDICAL MARIHUANA.
   23  S 179.00 CRIMINAL DIVERSION OF MEDICAL MARIHUANA; DEFINITIONS.
   24    THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
   25    1. "MEDICAL MARIHUANA" MEANS MEDICAL MARIHUANA AS DEFINED IN  SUBDIVI-
   26  SION  EIGHT  OF  SECTION THIRTY-THREE HUNDRED SIXTY OF THE PUBLIC HEALTH
   27  LAW.
   28    2.  "CERTIFICATION"  MEANS  A  CERTIFICATION,   MADE   UNDER   SECTION
   29  THIRTY-THREE HUNDRED SIXTY-ONE OF THE PUBLIC HEALTH LAW.
   30  S 179.05 CRIMINAL DIVERSION OF MEDICAL MARIHUANA; LIMITATIONS.
   31    THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO:
   32    1.  A  PRACTITIONER  AUTHORIZED  TO ISSUE A CERTIFICATION WHO ACTED IN
   33  GOOD FAITH IN THE LAWFUL COURSE OF HIS OR HER PROFESSION; OR
   34    2. A REGISTERED ORGANIZATION AS THAT TERM IS  DEFINED  IN  SUBDIVISION
   35  NINE  OF SECTION THIRTY-THREE HUNDRED SIXTY OF THE PUBLIC HEALTH LAW WHO
   36  ACTED IN GOOD FAITH IN THE LAWFUL COURSE OF THE PRACTICE OF PHARMACY; OR
   37    3. A PERSON WHO ACTED IN GOOD  FAITH  SEEKING  TREATMENT  FOR  MEDICAL
   38  CONDITION  OR ASSISTING ANOTHER PERSON TO OBTAIN TREATMENT FOR A MEDICAL
   39  CONDITION.
   40  S 179.10 CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE FIRST DEGREE.
   41    A PERSON IS GUILTY OF CRIMINAL DIVERSION OF MEDICAL MARIHUANA  IN  THE
   42  FIRST  DEGREE  WHEN HE OR SHE IS A PRACTITIONER, AS THAT TERM IS DEFINED
   43  IN SUBDIVISION TWELVE OF  SECTION  THIRTY-THREE  HUNDRED  SIXTY  OF  THE
   44  PUBLIC  HEALTH LAW, WHO ISSUES A CERTIFICATION WITH KNOWLEDGE OF REASON-
   45  ABLE GROUNDS TO KNOW THAT (I) THE RECIPIENT HAS NO MEDICAL NEED FOR  IT,
   46  OR  (II)  IT IS FOR A PURPOSE OTHER THAN TO TREAT A SERIOUS CONDITION AS
   47  DEFINED IN SUBDIVISION SEVEN OF SECTION THIRTY-THREE  HUNDRED  SIXTY  OF
   48  THE PUBLIC HEALTH LAW.
   49    CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE FIRST DEGREE IS A CLASS
   50  E FELONY.
   51  S 179.11 CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE SECOND DEGREE.
   52    A  PERSON  IS GUILTY OF CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE
   53  SECOND DEGREE WHEN HE OR  SHE  SELLS,  TRADES,  DELIVERS,  OR  OTHERWISE
   54  PROVIDES  MEDICAL  MARIHUANA  TO  ANOTHER  WITH  KNOWLEDGE OR REASONABLE
       S. 7923                            23

    1  GROUNDS TO KNOW THAT THE RECIPIENT IS NOT REGISTERED UNDER TITLE  FIVE-A
    2  OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
    3    CRIMINAL  DIVERSION  OF  MEDICAL  MARIHUANA  IN THE SECOND DEGREE IS A
    4  CLASS B MISDEMEANOR.
    5  S 179.15 CRIMINAL RETENTION OF MEDICAL MARIHUANA.
    6    A PERSON IS GUILTY OF CRIMINAL RETENTION OF  MEDICAL  MARIHUANA  WHEN,
    7  BEING  A  CERTIFIED  PATIENT OR DESIGNATED CAREGIVER, AS THOSE TERMS ARE
    8  DEFINED IN SUBDIVISIONS THREE AND FIVE OF SECTION  THIRTY-THREE  HUNDRED
    9  SIXTY  OF  THE  PUBLIC  HEALTH  LAW,  RESPECTIVELY,  HE OR SHE KNOWINGLY
   10  OBTAINS, POSSESSES, STORES OR MAINTAINS AN AMOUNT OF MARIHUANA IN EXCESS
   11  OF THE AMOUNT HE OR SHE IS AUTHORIZED TO POSSESS UNDER THE PROVISIONS OF
   12  TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
   13    CRIMINAL RETENTION OF MEDICAL MARIHUANA IS A CLASS A MISDEMEANOR.
   14    S 10. The opening paragraph of subdivision 1 of section 216.00 of  the
   15  criminal  procedure law, as added by section 4 of part AAA of chapter 56
   16  of the laws of 2009, is amended to read as follows:
   17    "Eligible defendant" means any person who stands charged in an indict-
   18  ment or a superior court information with a class B, C, D  or  E  felony
   19  offense  defined in article ONE HUNDRED SEVENTY-NINE, two hundred twenty
   20  or two hundred twenty-one of  the  penal  law  or  any  other  specified
   21  offense  as  defined in subdivision four of section 410.91 of this chap-
   22  ter, provided, however, a defendant is not an "eligible defendant" if he
   23  or she:
   24    S 11. Subdivision 5 of section 410.91 of the criminal  procedure  law,
   25  as  amended  by section 8 of part AAA of chapter 56 of the laws of 2009,
   26  is amended to read as follows:
   27    5. For the purposes of this  section,  a  "specified  offense"  is  an
   28  offense  defined  by  any  of the following provisions of the penal law:
   29  burglary in the third degree as  defined  in  section  140.20,  criminal
   30  mischief  in  the  third  degree  as defined in section 145.05, criminal
   31  mischief in the second degree as defined in section 145.10, grand larce-
   32  ny in the fourth degree as defined in subdivision one, two, three, four,
   33  five, six, eight, nine or ten of section 155.30, grand  larceny  in  the
   34  third  degree  as  defined  in section 155.35 (except where the property
   35  consists of one or more firearms, rifles or shotguns), unauthorized  use
   36  of a vehicle in the second degree as defined in section 165.06, criminal
   37  possession  of stolen property in the fourth degree as defined in subdi-
   38  vision one,  two,  three,  five  or  six  of  section  165.45,  criminal
   39  possession  of stolen property in the third degree as defined in section
   40  165.50 (except where the property consists  of  one  or  more  firearms,
   41  rifles  or shotguns), forgery in the second degree as defined in section
   42  170.10, criminal possession of a forged instrument in the second  degree
   43  as defined in section 170.25, unlawfully using slugs in the first degree
   44  as defined in section 170.60, CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN
   45  THE  FIRST  DEGREE  AS DEFINED IN SECTION 179.10 or an attempt to commit
   46  any of the aforementioned offenses if such attempt constitutes a  felony
   47  offense;  or  a  class  B  felony offense defined in article two hundred
   48  twenty where a sentence is imposed pursuant to paragraph (a) of subdivi-
   49  sion two of section 70.70 of the penal law; or any class C, class  D  or
   50  class  E  controlled substance or marihuana felony offense as defined in
   51  article two hundred twenty or two hundred twenty-one.
   52    S 12. This act shall take effect immediately and shall expire  and  be
   53  deemed  repealed  seven  years after such date; provided that the amend-
   54  ments to section 171-a of the tax law made by section seven of this  act
   55  shall  take effect on the same date and in the same manner as section 54
   56  of part A of chapter 59 of the laws of 2014 takes effect; and  provided,
       S. 7923                            24

    1  further,  that  the amendments to subdivision 5 of section 410.91 of the
    2  criminal procedure law made by section eleven  of  this  act  shall  not
    3  affect the expiration and repeal of such section and shall expire and be
    4  deemed repealed therewith.
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