STATE OF NEW YORK
________________________________________________________________________
4759--A
2025-2026 Regular Sessions
IN ASSEMBLY
February 6, 2025
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the cannabis law, in relation to medical use cannabis;
and to repeal article 33-A of the public health law relating to the
controlled substances therapeutic research act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 44 and 45 of section 3 of the cannabis law are
2 amended and a new subdivision 45 is added to read as follows:
3 44. ["Registry application" means an application properly completed
4 and filed with the board by a certified patient under article three of
5 this chapter.
6 45. "Registry identification card"] "Registration" means [a document
7 that identifies] identifying information of a certified patient or
8 designated caregiver that is electronically filed by a practitioner and
9 confirmed by a registered organization or designated caregiver facility,
10 as provided under this chapter and as determined by the board in regu-
11 lation.
12 45. "Registry application" means an application properly completed and
13 filed with the office by a designated caregiver under article three of
14 this chapter.
15 § 2. Subdivisions 4, 5, 6, 7, 8, 9 and 10 of section 30 of the canna-
16 bis law are amended to read as follows:
17 4. [Every practitioner shall consult the prescription monitoring
18 program registry prior to making or issuing a certification, for the
19 purpose of reviewing a patient's controlled substance history. For
20 purposes of this section, a practitioner may authorize a designee to
21 consult the prescription monitoring program registry on his or her
22 behalf, provided that such designation is in accordance with section
23 thirty-three hundred forty-three-a of the public health law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01703-02-5
A. 4759--A 2
1 5.] The practitioner shall give the certification to the certified
2 patient or the certified patient's designated caregiver, and place a
3 copy in the patient's health care record. Such certification shall
4 include information sufficient for a registered organization to confirm
5 that the certification is valid in accordance with section thirty-two of
6 this article and as determined by the board in regulation. The board
7 may, by rules and regulations, establish a code, including but not
8 limited to quick response (QR) code, for each practitioner to provide a
9 certified patient or their designated caregiver with, to present to a
10 registered organization to obtain medical cannabis or medical cannabis
11 products from a registered organization.
12 [6.] 5. No practitioner shall issue a certification under this section
13 for themselves.
14 [7.] 6. A [registry identification card based on a] certification
15 shall expire [one year] two years after the date the certification is
16 signed by the practitioner, except as provided for in subdivision
17 [eight] seven of this section.
18 [8.] 7. (a) [If the] The practitioner [states] may state in the
19 certification that, in the practitioner's professional opinion, the
20 patient would benefit from medical cannabis only until a specified
21 earlier date, [then the registry identification card shall expire on
22 that date] upon which the certification shall expire; (b) [if the prac-
23 titioner states in the certification that in the practitioner's profes-
24 sional opinion the patient is terminally ill and that the certification
25 shall not expire until the patient dies, then the registry identifica-
26 tion card shall state that the patient is terminally ill and that the
27 registration card shall not expire until the patient dies] the practi-
28 tioner may state on the certification that the patient is terminally ill
29 and the certification will not expire until the patient dies; (c) [if]
30 the practitioner [re-issues] may reissue the certification to terminate
31 the certification on an earlier date[, then the registry identification
32 card shall expire on that date and shall be promptly destroyed by the
33 certified patient]; (d) [if] the certification [so provides, the regis-
34 try identification card shall] may state any recommendation or limita-
35 tion by the practitioner as to the form or forms of medical cannabis or
36 dosage for the certified patient; [and] (e) a practitioner may extend
37 the expiration date of a certification prior to the certification's
38 expiration; (f) if a certification has expired and the practitioner
39 determines that the patient would benefit from medical cannabis, the
40 certification shall be reissued; and (g) the board shall make regu-
41 lations to implement this subdivision.
42 [9. (a) A certification may be a special certification if, in addition
43 to the other requirements for a certification, the practitioner certi-
44 fies in the certification that the patient's condition is progressive
45 and degenerative or that delay in the patient's certified medical use of
46 cannabis poses a risk to the patient's life or health.
47 (b) The office shall create the form to be used for a special certif-
48 ication and shall make that form available to be downloaded from the
49 office's website.
50 10.] 8. Prior to issuing a certification a practitioner must
51 complete[, at a minimum, a two-hour course] appropriate training as
52 determined by the board in regulation. For the purposes of this article
53 a person's status as a practitioner is deemed to be a "license" for the
54 purposes of section thirty-three hundred ninety of the public health law
55 and shall be subject to the same revocation process.
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1 § 3. Subdivisions 1 and 2 of section 31 of the cannabis law are
2 amended to read as follows:
3 1. the cannabis or concentrated cannabis that may be possessed by a
4 certified patient shall not exceed the greater of the quantities author-
5 ized in section 222.05 of the penal law or a sixty-day supply, provided
6 that during the last seven days of any sixty-day period, the certified
7 patient may also possess up to such amount for the next sixty-day
8 period [of the dosage determined by the practitioner], consistent with
9 any guidance and regulations issued by the board[, provided that during
10 the last seven days of any sixty-day period, the certified patient may
11 also possess up to such amount for the next sixty-day period];
12 2. the cannabis or concentrated cannabis that may be possessed by a
13 designated [caregivers does] caregiver shall not exceed the greater of
14 the quantities [referred to in subdivision one of this section for each
15 certified patient for whom the caregiver possesses a valid registry
16 identification card, up to four certified patients] authorized in
17 section 222.05 of the penal law or a sixty-day supply for the certified
18 patient, provided that during the last seven days of any sixty-day
19 period, the certified patient may also possess up to such amount for
20 the next sixty-day period;
21 § 4. Section 32 of the cannabis law is amended to read as follows:
22 § 32. [Registry identification cards] Validating medical cannabis
23 certifications. 1. [Upon approval of the] When presented with a certif-
24 ication from a practitioner, [the office] registered organizations shall
25 [issue registry identification cards for] confirm certifications and
26 government-issued photo identifications, pursuant to subdivision four of
27 section thirty of this article, of certified patients and designated
28 caregivers upon the production of such documentation by the certified
29 patient or designated caregiver as determined by the board in
30 regulation. [A registry identification card shall expire as provided in
31 this article or as otherwise provided in this section. The office shall
32 begin issuing registry identification cards as soon as practicable after
33 the certifications required by this chapter are granted. The office may
34 specify a form for a registry application, in which case the office
35 shall provide the form on request, reproductions of the form may be
36 used, and the form shall be available for downloading from the board's
37 or office's website.]
38 2. [To obtain, amend or renew a registry identification card, a certi-
39 fied patient or designated caregiver shall file a registry application
40 with the office, unless otherwise exempted by the board in regulation.
41 The registry application or renewal application shall include:
42 (a) in the case of a certified patient:
43 (i) the patient's certification, a new written certification shall be
44 provided with a renewal application if required by the office;
45 (ii) the name, address, and date of birth of the patient;
46 (iii) the date of the certification;
47 (iv) if the patient has a registry identification card based on a
48 current valid certification, the registry identification number and
49 expiration date of that registry identification card;
50 (v) the specified date until which the patient would benefit from
51 medical cannabis, if the certification states such a date;
52 (vi) the name, address, and telephone number of the certifying practi-
53 tioner;
54 (vii) any recommendation or limitation by the practitioner as to the
55 form or forms of medical cannabis or dosage for the certified patient;
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1 (viii) if the certified patient designates a designated caregiver, the
2 name, address, and date of birth of the designated caregiver, and other
3 individual identifying information required by the board;
4 (ix) if the designated caregiver is a cannabis research license holder
5 under this chapter, the name of the organization conducting the
6 research, the address, phone number, name of the individual leading the
7 research or appropriate designee, and other identifying information
8 required by the board; and
9 (x) other individual identifying information required by the office;
10 (b) in the case of a designated caregiver:
11 (i) the name, address, and date of birth of the designated caregiver;
12 (ii) if the designated caregiver has a registry identification card,
13 the registry identification number and expiration date of that registry
14 identification card; and
15 (iii) other individual identifying information required by the office;
16 (c) a statement that a false statement made in the application is
17 punishable under section 210.45 of the penal law;
18 (d) the date of the application and the signature of the certified
19 patient or designated caregiver, as the case may be;
20 (e) any other requirements determined by the board.] Registered organ-
21 izations shall validate patient certifications and designated caregiver
22 registrations in a manner determined by the office. The authorized
23 representative of a registered organization shall designate and author-
24 ize specific employees to conduct the validation.
25 (a) When dispensing medical cannabis, authorized registered organiza-
26 tion employees shall not dispense any medical cannabis to a certified
27 patient or a designated caregiver unless the certified patient or desig-
28 nated caregiver presents to the authorized registered organization
29 employee a valid certification from a practitioner and a valid govern-
30 ment-issued photo identification, which the authorized registered organ-
31 ization employee shall use to validate that such person is eighteen
32 years of age or older and capable of consent as documented on the
33 certification, provided that such valid government-issued photo iden-
34 tification is issued by the commissioner of motor vehicles, a local
35 government agency within the state, the federal government, any United
36 States territory, commonwealth or possession, the District of Columbia,
37 a state government within the United States, or is a valid passport
38 issued by the United States government or any other country, or is an
39 identification card issued by the armed forces of the United States.
40 (b) The authorized representative of the registered organization shall
41 promptly notify the office if at any time any unauthorized person
42 accesses patient certification or designated caregiver data, if there is
43 evidence of tampering or fraud, or any other circumstances as determined
44 by the board in regulation.
45 2-a. A certified patient may designate a caregiver. The designation of
46 the caregiver and registration of the caregiver shall be determined by
47 the board in regulation. The designated caregiver application or renewal
48 application shall include:
49 (a) the name, address, and date of birth of the designated caregiver,
50 and other individual identifying information required by the board;
51 (b) the name and date of birth for each certified patient the desig-
52 nated caregiver is designated to care for;
53 (c) if the designated caregiver is a cannabis research license holder
54 under this chapter, the name of the organization conducting the
55 research, the address, phone number, name of the individual leading the
A. 4759--A 5
1 research or appropriate designee, and other identifying information
2 required by the board;
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, which may be elec-
6 tronic, of the designated caregiver; and
7 (f) upon approval of the designated caregiver application, the office
8 shall provide the designated caregiver with a code, including but not
9 limited to a quick response (QR) code, that the designated caregiver
10 must present to the registered organization when obtaining medical
11 cannabis product or products.
12 3. Where a certified patient is under the age of eighteen or otherwise
13 incapable of consent:
14 (a) The [application for a registry identification card shall be made
15 by] certifying practitioner must obtain consent from the person [respon-
16 sible for making] legally authorized to make health care decisions [for]
17 on behalf of the patient for the use of medical cannabis product or
18 products and any device used for its administration.
19 (b) At least one designated caregiver is required to be provided upon
20 certification of the patient. The designated caregiver shall be: (i) a
21 parent or legal guardian of the certified patient; (ii) a person desig-
22 nated by a parent or legal guardian; (iii) an employee of a designated
23 caregiver facility, including a cannabis research license holder; or
24 (iv) an appropriate person approved by the office upon a sufficient
25 showing that no parent or legal guardian is appropriate or available.
26 4. No person may be a designated caregiver if the person is under
27 [twenty-one] eighteen years of age unless a sufficient showing is made
28 to the office that the person should be permitted to serve as a desig-
29 nated caregiver. The requirements for such a showing shall be determined
30 by the board.
31 5. No person may be a designated caregiver for more than four certi-
32 fied patients at one time; provided, however, that this limitation shall
33 not apply to a designated caregiver facility, or cannabis research
34 license holder as defined by this chapter.
35 6. If a certified patient wishes to change or terminate [his or her]
36 their designated caregiver, for whatever reason, the certified patient
37 shall notify the office as soon as practicable. The office shall issue a
38 notification in a manner determined by the office to the designated
39 caregiver that their registration [card] is invalid and [must be] shall
40 promptly [destroyed] remove such designated caregiver's registration
41 from the registry. The newly designated caregiver must comply with all
42 requirements set forth in this section.
43 7. [If the certification so provides, the registry identification card
44 shall contain any recommendation or limitation by the practitioner as to
45 the form or forms of medical cannabis or dosage for the certified
46 patient.
47 8. The office shall issue separate registry identification cards for
48 certified patients and designated caregivers as soon as reasonably prac-
49 ticable after receiving a complete application under this section,
50 unless it determines that the application is incomplete or factually
51 inaccurate, in which case it shall promptly notify the applicant.
52 9. If the application of a certified patient designates an individual
53 as a designated caregiver who is not authorized to be a designated care-
54 giver, that portion of the application shall be denied by the office but
55 that shall not affect the approval of the balance of the application.
56 10. A registry identification card shall:
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1 (a) contain the name of the certified patient or the designated care-
2 giver as the case may be;
3 (b) contain the date of issuance and expiration date of the registry
4 identification card;
5 (c) contain a registry identification number for the certified patient
6 or designated caregiver, as the case may be and a registry identifica-
7 tion number;
8 (d) contain a photograph of the individual to whom the registry iden-
9 tification card is being issued, which shall be obtained by the office
10 in a manner specified by the board in regulations; provided, however,
11 that if the office requires certified patients to submit photographs for
12 this purpose, there shall be a reasonable accommodation of certified
13 patients who are confined to their homes due to their medical conditions
14 and may therefore have difficulty procuring photographs;
15 (e) be a secure document as determined by the board;
16 (f) plainly state any recommendation or limitation by the practitioner
17 as to the form or forms of medical cannabis or dosage for the certified
18 patient; and
19 (g) any other requirements determined by the board.
20 11.] A certified patient [or designated caregiver who has been issued
21 a registry identification card shall notify the office of any change in
22 his or her name or address or, with respect to the patient, if he or she
23 ceases to have the condition noted on the certification within ten days
24 of such change. The certified patient's or designated caregiver's regis-
25 try identification card shall be deemed invalid and shall be promptly
26 destroyed] shall notify their practitioner of any change in their name
27 or address and the practitioner shall update the certification accord-
28 ingly.
29 [12. If a certified patient or designated caregiver loses his or her
30 registry identification card, he or she shall notify the office within
31 ten days of losing the card. The office shall issue a new registry iden-
32 tification card as soon as practicable, which may contain a new registry
33 identification number, to the certified patient or designated caregiver,
34 as the case may be.
35 13. The office shall maintain a confidential list of the persons to
36 whom it has issued registry identification cards. Individual identifying
37 information obtained by the office under this article shall be confiden-
38 tial and exempt from disclosure under article six of the public officers
39 law.
40 14. The board shall verify to law enforcement personnel in an appro-
41 priate case whether a registry identification card is valid and any
42 other relevant information necessary to protect patients' rights to
43 medical cannabis by confirming compliance with this article.
44 15.] 8. A designated caregiver who has been issued a registration
45 shall notify the office of any change in their name or address in a
46 manner determined by the office.
47 9. If a certified patient or designated caregiver willfully violates
48 any provision of this article as determined by the board, [his or her]
49 their certification, and [registry identification card] in the case of
50 the designated caregiver, their registration may be suspended or
51 revoked. This [is] may be in addition to any other penalty that [may]
52 would apply.
53 [16. The board shall make regulations for special certifications,
54 which shall include expedited procedures and which may require the
55 applicant to submit additional documentation establishing the clinical
56 basis for the special certification. If the board has not established
A. 4759--A 7
1 and made available a form for a registry application or renewal applica-
2 tion, then in the case of a special certification, a registry applica-
3 tion or renewal application that otherwise conforms with the require-
4 ments of this section shall not require the use of a form.]
5 10. The maintenance and access of records pertaining to certif-
6 ications, registrations, certified patients and designated caregivers
7 shall be in compliance with the federal health insurance portability and
8 accountability act of 1996, and with all privacy and confidentiality
9 protections afforded to individuals under the law. Information obtained
10 by the office under this article shall be confidential and exempt from
11 disclosure under article six of the public officers law.
12 11. Any practitioner or registered organization authorized represen-
13 tative or employee who is found to have knowingly and fraudulently
14 manipulated certified patient or designated caregiver information, or
15 whose knowing and negligent behavior or knowing actions directly related
16 to their duties pursuant to this section results in a serious threat to
17 the health and safety of a certified patient or patients, is guilty of a
18 class A misdemeanor. In the case that this misdemeanor complaint has
19 been filed against a practitioner, the board or office may additionally
20 refer any relevant internal findings to the department of health or the
21 state education department if the board or office concludes the
22 violation may warrant professional disciplinary intervention.
23 § 5. The cannabis law is amended by adding a new section 32-a to read
24 as follows:
25 § 32-a. Medical cannabis patient reciprocity. 1. Subject to the
26 provisions of this article and the rules and regulations of the board
27 promulgated thereunder, medical cannabis patients from other states
28 within the United States, United States territories, commonwealths or
29 possessions, or the District of Columbia are authorized to obtain
30 medical cannabis or medical cannabis products from a registered organ-
31 ization, provided such patient is deemed a certified patient or is
32 registered as a medical cannabis patient in their home state or juris-
33 diction and presents proof of such certification or registration and a
34 valid government-issued photo identification to a registered organiza-
35 tion. Such registered organization shall then validate such patient and
36 dispense medical cannabis pursuant to the procedures determined by the
37 board in regulation.
38 2. Medical cannabis patients from other states or jurisdictions of the
39 United States who obtain medical cannabis from a registered organization
40 in this state pursuant to subdivision one of this section shall comply
41 with:
42 (a) all provisions of this chapter and all rules and regulations
43 promulgated thereunder; and
44 (b) articles one hundred seventy-nine and two hundred twenty-two of
45 the penal law.
46 3. Certified patients in New York shall be authorized to obtain
47 medical cannabis or medical cannabis products from other states and
48 jurisdictions of the United States in accordance with the requirements
49 set forth by such state or other United States jurisdiction.
50 § 6. Subdivision 4 and paragraph (b) of subdivision 5 of section 34 of
51 the cannabis law are amended to read as follows:
52 4. (a) A registered organization may lawfully, in good faith, sell,
53 deliver, distribute or dispense medical cannabis to a certified patient
54 or designated caregiver upon presentation to the registered organization
55 of a valid [registry identification card] certification and valid
56 government-issued photo identification for that certified patient or
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1 designated caregiver, pursuant to section thirty-two of this article.
2 When presented with the [registry identification card] certification,
3 the registered organization shall provide to the certified patient or
4 designated caregiver a receipt, which may be electronic, which shall
5 state: the name, address, and registry identification number of the
6 registered organization; the name and registry identification number of
7 the certified patient and the designated caregiver, if any; the date the
8 cannabis was sold; [any recommendation or limitation by the practitioner
9 as to the form or forms of medical cannabis or dosage for the certified
10 patient;] and the form and the quantity of medical cannabis sold. The
11 registered organization shall retain [a copy] any copies of [the] regis-
12 try identification [card] cards used by certified patients or designated
13 caregivers prior to the effective date of the chapter of the laws of two
14 thousand twenty-five that amended this paragraph and the receipt for six
15 years following the effective date of the chapter of the laws of two
16 thousand twenty-five that amended this paragraph and shall make such
17 records available to the office upon request.
18 (b) The proprietor of a registered organization shall file or cause to
19 be filed any dispensing receipt and certification information with the
20 office by electronic means on a real-time basis as the board shall
21 require by regulation. When filing dispensing receipt and certification
22 information electronically pursuant to this paragraph, the proprietor of
23 the registered organization shall dispose of any electronically recorded
24 [prescription] information in such manner as the board shall by regu-
25 lation require.
26 (b) When dispensing medical cannabis to a certified patient or desig-
27 nated caregiver, the registered organization[: (i)] shall not dispense
28 an amount greater than [a sixty-day supply to a certified patient until
29 the certified patient has exhausted all but a seven day supply provided
30 pursuant to a previously issued certification; and (ii) shall verify the
31 information in subparagraph (i) of this paragraph by consulting the
32 prescription monitoring program registry under] the amounts authorized
33 in section thirty-one of this article.
34 § 7. Subdivision 3 of section 37 of the cannabis law is amended to
35 read as follows:
36 3. The board shall [report every two years, beginning two years after
37 the effective date of this article, to the governor and the legislature
38 on] collect data and publish information related to the medical use of
39 cannabis under this article and make appropriate recommendations in its
40 annual report.
41 § 8. Section 41 of the cannabis law is amended to read as follows:
42 § 41. Home cultivation of medical cannabis. 1. Certified patients
43 [twenty-one] eighteen years of age or older may cultivate cannabis for
44 personal medical use. Designated caregivers [twenty-one] eighteen years
45 of age or older, caring for certified patients either younger than
46 [twenty-one] eighteen years of age or whose physical or cognitive
47 impairments prevent them from cultivating cannabis, may cultivate canna-
48 bis for use by such patients, provided that no other caregiver is grow-
49 ing for said patient or patients. [All cultivation] Cultivation under
50 this section shall be in accordance with section 222.15 of the penal law
51 and any regulations made by the board, provided that the maximum number
52 of cannabis plants a designated caregiver is authorized to grow is
53 proportionately increased for each patient they are growing for.
54 2. Nothing in this section shall be construed to permit any certified
55 patient or designated caregiver to sell any cultivated cannabis produced
56 by any cannabis plant which is or was cultivated for a certified patient
A. 4759--A 9
1 pursuant to this section to any other person, even if the certified
2 patient no longer needs or wants such cannabis; provided however, a
3 certified patient or designated caregiver shall be authorized to give
4 such cultivated cannabis to another certified patient in the amounts
5 authorized by section thirty-one of this article. Any certified patient
6 or designated caregiver who is found to be selling such cultivated
7 cannabis for compensation or other remuneration may be subject to any
8 relevant penalties in this chapter, the penal law, and the tax law.
9 § 9. Subdivision 4 of section 42 of the cannabis law is amended to
10 read as follows:
11 4. (a) [Certification applications] Certifications, certification
12 forms[,] and any certified patient or designated caregiver information
13 contained within a database[, and copies of registry identification
14 cards] shall be deemed exempt from public disclosure under sections
15 eighty-seven and eighty-nine of the public officers law. Upon specific
16 request by a certified patient to the office, the office shall verify
17 the requesting patient's status as a valid certified patient to the
18 patient's school or employer or other designated party, to ensure
19 compliance with the protections afforded by this section.
20 (b) The name, contact information, and other information relating to
21 practitioners [registered with the board] certifying patients under this
22 article shall be public information and shall be maintained on the
23 board's website accessible to the public in searchable form. However, if
24 a practitioner notifies the board in writing that [he or she does] they
25 do not want [his or her] their name and other information disclosed,
26 that practitioner's name and other information shall thereafter not be
27 public information or maintained on the board's website, unless the
28 practitioner cancels the request.
29 § 10. Article 33-A of the public health law is REPEALED.
30 § 11. The commissioner of health, the executive director of the office
31 of cannabis management and the commissioner of education, or their
32 designees, shall work in conjunction to expeditiously transfer any
33 records, documents and papers of the controlled substances therapeutic
34 research act and the Antonio G. Olivieri controlled substances therapeu-
35 tic research program repealed by section ten of this act, from the
36 department of health to the office of cannabis management and the state
37 archives.
38 § 12. This act shall take effect immediately; provided, however that
39 sections one, two, three, four, five, six, eight and nine of this act
40 shall take effect on the ninetieth day after it shall have become a law;
41 and provided, further, that sections ten and eleven of this act shall
42 take effect on the one hundred eightieth day after it shall have become
43 a law.
