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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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7923
 
                    IN SENATE
 
                                      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    §  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 thirty-
    12  three hundred sixty-one of this title.
    13    4. "Certification" means a certification, made under  section  thirty-
    14  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,  post-
    36  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  thirty-
    47  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    § 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    §  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    § 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    § 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    § 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 thirty-
    10  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    § 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    §  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    §  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    § 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    §  3369-a.  Regulations.  The  commissioner  shall make regulations to
    53  implement this title.
    54    § 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    §  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    §  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    § 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    §  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    § 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    §  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    § 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    § 5. The state finance law is amended by adding a new section 89-h  to
    10  read as follows:
    11    §  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    §  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    § 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    § 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    §  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  § 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    §  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  § 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  thirty-

    29  three hundred sixty-one of the public health law.
    30  § 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  § 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  § 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  § 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    § 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    § 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    § 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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