STATE OF NEW YORK
________________________________________________________________________
3294--A
Cal. No. 1084
2025-2026 Regular Sessions
IN SENATE
January 24, 2025
___________
Introduced by Sen. COONEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Health -- reported favora-
bly from said committee, ordered to first and second report, ordered
to a third reading, passed by Senate and delivered to the Assembly,
recalled, vote reconsidered, restored to third reading, amended and
ordered reprinted, retaining its place in the order of third reading
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01703-03-5
S. 3294--A 2
1 consult the prescription monitoring program registry on his or her
2 behalf, provided that such designation is in accordance with section
3 thirty-three hundred forty-three-a of the public health law.
4 5.] The practitioner shall give the certification to the certified
5 patient or the certified patient's designated caregiver, and place a
6 copy in the patient's health care record. Such certification shall
7 include information sufficient for a registered organization to confirm
8 that the certification is valid in accordance with section thirty-two of
9 this article and as determined by the board in regulation. The board
10 may, by rules and regulations, establish a code, including but not
11 limited to quick response (QR) code, for each practitioner to provide a
12 certified patient or their designated caregiver with, to present to a
13 registered organization to obtain medical cannabis or medical cannabis
14 products from a registered organization.
15 [6.] 5. No practitioner shall issue a certification under this section
16 for themselves.
17 [7.] 6. A [registry identification card based on a] certification
18 shall expire [one year] two years after the date the certification is
19 signed by the practitioner, except as provided for in subdivision
20 [eight] seven of this section.
21 [8.] 7. (a) [If the] The practitioner [states] may state in the
22 certification that, in the practitioner's professional opinion, the
23 patient would benefit from medical cannabis only until a specified
24 earlier date, [then the registry identification card shall expire on
25 that date] upon which the certification shall expire; (b) [if the prac-
26 titioner states in the certification that in the practitioner's profes-
27 sional opinion the patient is terminally ill and that the certification
28 shall not expire until the patient dies, then the registry identifica-
29 tion card shall state that the patient is terminally ill and that the
30 registration card shall not expire until the patient dies] the practi-
31 tioner may state on the certification that the patient is terminally ill
32 and the certification will not expire until the patient dies; (c) [if]
33 the practitioner [re-issues] may reissue the certification to terminate
34 the certification on an earlier date[, then the registry identification
35 card shall expire on that date and shall be promptly destroyed by the
36 certified patient]; (d) [if] the certification [so provides, the regis-
37 try identification card shall] may state any recommendation or limita-
38 tion by the practitioner as to the form or forms of medical cannabis or
39 dosage for the certified patient; [and] (e) a practitioner may extend
40 the expiration date of a certification prior to the certification's
41 expiration; (f) if a certification has expired and the practitioner
42 determines that the patient would benefit from medical cannabis, the
43 certification shall be reissued; and (g) the board shall make regu-
44 lations to implement this subdivision.
45 [9. (a) A certification may be a special certification if, in addition
46 to the other requirements for a certification, the practitioner certi-
47 fies in the certification that the patient's condition is progressive
48 and degenerative or that delay in the patient's certified medical use of
49 cannabis poses a risk to the patient's life or health.
50 (b) The office shall create the form to be used for a special certif-
51 ication and shall make that form available to be downloaded from the
52 office's website.
53 10.] 8. Prior to issuing a certification a practitioner must
54 complete[, at a minimum, a two-hour course] appropriate training as
55 determined by the board in regulation. For the purposes of this article
56 a person's status as a practitioner is deemed to be a "license" for the
S. 3294--A 3
1 purposes of section thirty-three hundred ninety of the public health law
2 and shall be subject to the same revocation process.
3 § 3. Subdivisions 1 and 2 of section 31 of the cannabis law are
4 amended to read as follows:
5 1. the cannabis or concentrated cannabis that may be possessed by a
6 certified patient shall not exceed the greater of the quantities author-
7 ized in section 222.05 of the penal law or a sixty-day supply, provided
8 that during the last seven days of any sixty-day period, the certified
9 patient may also possess up to such amount for the next sixty-day
10 period [of the dosage determined by the practitioner], consistent with
11 any guidance and regulations issued by the board[, provided that during
12 the last seven days of any sixty-day period, the certified patient may
13 also possess up to such amount for the next sixty-day period];
14 2. the cannabis or concentrated cannabis that may be possessed by a
15 designated [caregivers does] caregiver shall not exceed the greater of
16 the quantities [referred to in subdivision one of this section for each
17 certified patient for whom the caregiver possesses a valid registry
18 identification card, up to four certified patients] authorized in
19 section 222.05 of the penal law or a sixty-day supply for the certified
20 patient, provided that during the last seven days of any sixty-day
21 period, the certified patient may also possess up to such amount for
22 the next sixty-day period;
23 § 4. Section 32 of the cannabis law is amended to read as follows:
24 § 32. [Registry identification cards] Validating medical cannabis
25 certifications. 1. [Upon approval of the] When presented with a certif-
26 ication from a practitioner, [the office] registered organizations shall
27 [issue registry identification cards for] confirm certifications and
28 government-issued photo identifications, pursuant to subdivision four of
29 section thirty of this article, of certified patients and designated
30 caregivers upon the production of such documentation by the certified
31 patient or designated caregiver as determined by the board in
32 regulation. [A registry identification card shall expire as provided in
33 this article or as otherwise provided in this section. The office shall
34 begin issuing registry identification cards as soon as practicable after
35 the certifications required by this chapter are granted. The office may
36 specify a form for a registry application, in which case the office
37 shall provide the form on request, reproductions of the form may be
38 used, and the form shall be available for downloading from the board's
39 or office's website.]
40 2. [To obtain, amend or renew a registry identification card, a certi-
41 fied patient or designated caregiver shall file a registry application
42 with the office, unless otherwise exempted by the board in regulation.
43 The registry application or renewal application shall include:
44 (a) in the case of a certified patient:
45 (i) the patient's certification, a new written certification shall be
46 provided with a renewal application if required by the office;
47 (ii) the name, address, and date of birth of the patient;
48 (iii) the date of the certification;
49 (iv) if the patient has a registry identification card based on a
50 current valid certification, the registry identification number and
51 expiration date of that registry identification card;
52 (v) the specified date until which the patient would benefit from
53 medical cannabis, if the certification states such a date;
54 (vi) the name, address, and telephone number of the certifying practi-
55 tioner;
S. 3294--A 4
1 (vii) any recommendation or limitation by the practitioner as to the
2 form or forms of medical cannabis or dosage for the certified patient;
3 (viii) if the certified patient designates a designated caregiver, the
4 name, address, and date of birth of the designated caregiver, and other
5 individual identifying information required by the board;
6 (ix) if the designated caregiver is a cannabis research license holder
7 under this chapter, the name of the organization conducting the
8 research, the address, phone number, name of the individual leading the
9 research or appropriate designee, and other identifying information
10 required by the board; and
11 (x) other individual identifying information required by the office;
12 (b) in the case of a designated caregiver:
13 (i) the name, address, and date of birth of the designated caregiver;
14 (ii) if the designated caregiver has a registry identification card,
15 the registry identification number and expiration date of that registry
16 identification card; and
17 (iii) other individual identifying information required by the office;
18 (c) a statement that a false statement made in the application is
19 punishable under section 210.45 of the penal law;
20 (d) the date of the application and the signature of the certified
21 patient or designated caregiver, as the case may be;
22 (e) any other requirements determined by the board.] Registered organ-
23 izations shall validate patient certifications and designated caregiver
24 registrations in a manner determined by the office. The authorized
25 representative of a registered organization shall designate and author-
26 ize specific employees to conduct the validation.
27 (a) When dispensing medical cannabis, authorized registered organiza-
28 tion employees shall not dispense any medical cannabis to a certified
29 patient or a designated caregiver unless the certified patient or desig-
30 nated caregiver presents to the authorized registered organization
31 employee a valid certification from a practitioner and a valid govern-
32 ment-issued photo identification, which the authorized registered organ-
33 ization employee shall use to validate that such person is eighteen
34 years of age or older and capable of consent as documented on the
35 certification, provided that such valid government-issued photo iden-
36 tification is issued by the commissioner of motor vehicles, a local
37 government agency within the state, the federal government, any United
38 States territory, commonwealth or possession, the District of Columbia,
39 a state government within the United States, or is a valid passport
40 issued by the United States government or any other country, or is an
41 identification card issued by the armed forces of the United States.
42 (b) The authorized representative of the registered organization shall
43 promptly notify the office if at any time any unauthorized person
44 accesses patient certification or designated caregiver data, if there is
45 evidence of tampering or fraud, or any other circumstances as determined
46 by the board in regulation.
47 2-a. A certified patient may designate a caregiver. The designation of
48 the caregiver and registration of the caregiver shall be determined by
49 the board in regulation. The designated caregiver application or renewal
50 application shall include:
51 (a) the name, address, and date of birth of the designated caregiver,
52 and other individual identifying information required by the board;
53 (b) the name and date of birth for each certified patient the desig-
54 nated caregiver is designated to care for;
55 (c) if the designated caregiver is a cannabis research license holder
56 under this chapter, the name of the organization conducting the
S. 3294--A 5
1 research, the address, phone number, name of the individual leading the
2 research or appropriate designee, and other identifying information
3 required by the board;
4 (d) a statement that a false statement made in the application is
5 punishable under section 210.45 of the penal law;
6 (e) the date of the application and the signature, which may be elec-
7 tronic, of the designated caregiver; and
8 (f) upon approval of the designated caregiver application, the office
9 shall provide the designated caregiver with a code, including but not
10 limited to a quick response (QR) code, that the designated caregiver
11 must present to the registered organization when obtaining medical
12 cannabis product or products.
13 3. Where a certified patient is under the age of eighteen or otherwise
14 incapable of consent:
15 (a) The [application for a registry identification card shall be made
16 by] certifying practitioner must obtain consent from the person [respon-
17 sible for making] legally authorized to make health care decisions [for]
18 on behalf of the patient for the use of medical cannabis product or
19 products and any device used for its administration.
20 (b) At least one designated caregiver is required to be provided upon
21 certification of the patient. The designated caregiver shall be: (i) a
22 parent or legal guardian of the certified patient; (ii) a person desig-
23 nated by a parent or legal guardian; (iii) an employee of a designated
24 caregiver facility, including a cannabis research license holder; or
25 (iv) an appropriate person approved by the office upon a sufficient
26 showing that no parent or legal guardian is appropriate or available.
27 4. No person may be a designated caregiver if the person is under
28 [twenty-one] eighteen years of age unless a sufficient showing is made
29 to the office that the person should be permitted to serve as a desig-
30 nated caregiver. The requirements for such a showing shall be determined
31 by the board.
32 5. No person may be a designated caregiver for more than four certi-
33 fied patients at one time; provided, however, that this limitation shall
34 not apply to a designated caregiver facility, or cannabis research
35 license holder as defined by this chapter.
36 6. If a certified patient wishes to change or terminate [his or her]
37 their designated caregiver, for whatever reason, the certified patient
38 shall notify the office as soon as practicable. The office shall issue a
39 notification in a manner determined by the office to the designated
40 caregiver that their registration [card] is invalid and [must be] shall
41 promptly [destroyed] remove such designated caregiver's registration
42 from the registry. The newly designated caregiver must comply with all
43 requirements set forth in this section.
44 7. [If the certification so provides, the registry identification card
45 shall contain any recommendation or limitation by the practitioner as to
46 the form or forms of medical cannabis or dosage for the certified
47 patient.
48 8. The office shall issue separate registry identification cards for
49 certified patients and designated caregivers as soon as reasonably prac-
50 ticable after receiving a complete application under this section,
51 unless it determines that the application is incomplete or factually
52 inaccurate, in which case it shall promptly notify the applicant.
53 9. If the application of a certified patient designates an individual
54 as a designated caregiver who is not authorized to be a designated care-
55 giver, that portion of the application shall be denied by the office but
56 that shall not affect the approval of the balance of the application.
S. 3294--A 6
1 10. A registry identification card shall:
2 (a) contain the name of the certified patient or the designated care-
3 giver as the case may be;
4 (b) contain the date of issuance and expiration date of the registry
5 identification card;
6 (c) contain a registry identification number for the certified patient
7 or designated caregiver, as the case may be and a registry identifica-
8 tion number;
9 (d) contain a photograph of the individual to whom the registry iden-
10 tification card is being issued, which shall be obtained by the office
11 in a manner specified by the board in regulations; provided, however,
12 that if the office requires certified patients to submit photographs for
13 this purpose, there shall be a reasonable accommodation of certified
14 patients who are confined to their homes due to their medical conditions
15 and may therefore have difficulty procuring photographs;
16 (e) be a secure document as determined by the board;
17 (f) plainly state any recommendation or limitation by the practitioner
18 as to the form or forms of medical cannabis or dosage for the certified
19 patient; and
20 (g) any other requirements determined by the board.
21 11.] A certified patient [or designated caregiver who has been issued
22 a registry identification card shall notify the office of any change in
23 his or her name or address or, with respect to the patient, if he or she
24 ceases to have the condition noted on the certification within ten days
25 of such change. The certified patient's or designated caregiver's regis-
26 try identification card shall be deemed invalid and shall be promptly
27 destroyed] shall notify their practitioner of any change in their name
28 or address and the practitioner shall update the certification accord-
29 ingly.
30 [12. If a certified patient or designated caregiver loses his or her
31 registry identification card, he or she shall notify the office within
32 ten days of losing the card. The office shall issue a new registry iden-
33 tification card as soon as practicable, which may contain a new registry
34 identification number, to the certified patient or designated caregiver,
35 as the case may be.
36 13. The office shall maintain a confidential list of the persons to
37 whom it has issued registry identification cards. Individual identifying
38 information obtained by the office under this article shall be confiden-
39 tial and exempt from disclosure under article six of the public officers
40 law.
41 14. The board shall verify to law enforcement personnel in an appro-
42 priate case whether a registry identification card is valid and any
43 other relevant information necessary to protect patients' rights to
44 medical cannabis by confirming compliance with this article.
45 15.] 8. A designated caregiver who has been issued a registration
46 shall notify the office of any change in their name or address in a
47 manner determined by the office.
48 9. If a certified patient or designated caregiver willfully violates
49 any provision of this article as determined by the board, [his or her]
50 their certification, and [registry identification card] in the case of
51 the designated caregiver, their registration may be suspended or
52 revoked. This [is] may be in addition to any other penalty that [may]
53 would apply.
54 [16. The board shall make regulations for special certifications,
55 which shall include expedited procedures and which may require the
56 applicant to submit additional documentation establishing the clinical
S. 3294--A 7
1 basis for the special certification. If the board has not established
2 and made available a form for a registry application or renewal applica-
3 tion, then in the case of a special certification, a registry applica-
4 tion or renewal application that otherwise conforms with the require-
5 ments of this section shall not require the use of a form.]
6 10. The maintenance and access of records pertaining to certif-
7 ications, registrations, certified patients and designated caregivers
8 shall be in compliance with the federal health insurance portability and
9 accountability act of 1996, and with all privacy and confidentiality
10 protections afforded to individuals under the law. Information obtained
11 by the office under this article shall be confidential and exempt from
12 disclosure under article six of the public officers law.
13 11. Any practitioner or registered organization authorized represen-
14 tative or employee who is found to have knowingly and fraudulently
15 manipulated certified patient or designated caregiver information, or
16 whose knowing and negligent behavior or knowing actions directly related
17 to their duties pursuant to this section results in a serious threat to
18 the health and safety of a certified patient or patients, is guilty of a
19 class A misdemeanor. In the case that this misdemeanor complaint has
20 been filed against a practitioner, the board or office may additionally
21 refer any relevant internal findings to the department of health or the
22 state education department if the board or office concludes the
23 violation may warrant professional disciplinary intervention.
24 § 5. The cannabis law is amended by adding a new section 32-a to read
25 as follows:
26 § 32-a. Medical cannabis patient reciprocity. 1. Subject to the
27 provisions of this article and the rules and regulations of the board
28 promulgated thereunder, medical cannabis patients from other states
29 within the United States, United States territories, commonwealths or
30 possessions, or the District of Columbia are authorized to obtain
31 medical cannabis or medical cannabis products from a registered organ-
32 ization, provided such patient is deemed a certified patient or is
33 registered as a medical cannabis patient in their home state or juris-
34 diction and presents proof of such certification or registration and a
35 valid government-issued photo identification to a registered organiza-
36 tion. Such registered organization shall then validate such patient and
37 dispense medical cannabis pursuant to the procedures determined by the
38 board in regulation.
39 2. Medical cannabis patients from other states or jurisdictions of the
40 United States who obtain medical cannabis from a registered organization
41 in this state pursuant to subdivision one of this section shall comply
42 with:
43 (a) all provisions of this chapter and all rules and regulations
44 promulgated thereunder; and
45 (b) articles one hundred seventy-nine and two hundred twenty-two of
46 the penal law.
47 3. Certified patients in New York shall be authorized to obtain
48 medical cannabis or medical cannabis products from other states and
49 jurisdictions of the United States in accordance with the requirements
50 set forth by such state or other United States jurisdiction.
51 § 6. Subdivision 4 and paragraph (b) of subdivision 5 of section 34 of
52 the cannabis law are amended to read as follows:
53 4. (a) A registered organization may lawfully, in good faith, sell,
54 deliver, distribute or dispense medical cannabis to a certified patient
55 or designated caregiver upon presentation to the registered organization
56 of a valid [registry identification card] certification and valid
S. 3294--A 8
1 government-issued photo identification for that certified patient or
2 designated caregiver, pursuant to section thirty-two of this article.
3 When presented with the [registry identification card] certification,
4 the registered organization shall provide to the certified patient or
5 designated caregiver a receipt, which may be electronic, which shall
6 state: the name, address, and registry identification number of the
7 registered organization; the name and registry identification number of
8 the certified patient and the designated caregiver, if any; the date the
9 cannabis was sold; [any recommendation or limitation by the practitioner
10 as to the form or forms of medical cannabis or dosage for the certified
11 patient;] and the form and the quantity of medical cannabis sold. The
12 registered organization shall retain [a copy] any copies of [the] regis-
13 try identification [card] cards used by certified patients or designated
14 caregivers prior to the effective date of the chapter of the laws of two
15 thousand twenty-five that amended this paragraph and the receipt for six
16 years following the effective date of the chapter of the laws of two
17 thousand twenty-five that amended this paragraph and shall make such
18 records available to the office upon request.
19 (b) The proprietor of a registered organization shall file or cause to
20 be filed any dispensing receipt and certification information with the
21 office by electronic means on a real-time basis as the board shall
22 require by regulation. When filing dispensing receipt and certification
23 information electronically pursuant to this paragraph, the proprietor of
24 the registered organization shall dispose of any electronically recorded
25 [prescription] information in such manner as the board shall by regu-
26 lation require.
27 (b) When dispensing medical cannabis to a certified patient or desig-
28 nated caregiver, the registered organization[: (i)] shall not dispense
29 an amount greater than [a sixty-day supply to a certified patient until
30 the certified patient has exhausted all but a seven day supply provided
31 pursuant to a previously issued certification; and (ii) shall verify the
32 information in subparagraph (i) of this paragraph by consulting the
33 prescription monitoring program registry under] the amounts authorized
34 in section thirty-one of this article.
35 § 7. Subdivision 3 of section 37 of the cannabis law is amended to
36 read as follows:
37 3. The board shall [report every two years, beginning two years after
38 the effective date of this article, to the governor and the legislature
39 on] collect data and publish information related to the medical use of
40 cannabis under this article and make appropriate recommendations in its
41 annual report.
42 § 8. Section 41 of the cannabis law is amended to read as follows:
43 § 41. Home cultivation of medical cannabis. 1. Certified patients
44 [twenty-one] eighteen years of age or older may cultivate cannabis for
45 personal medical use. Designated caregivers [twenty-one] eighteen years
46 of age or older, caring for certified patients either younger than
47 [twenty-one] eighteen years of age or whose physical or cognitive
48 impairments prevent them from cultivating cannabis, may cultivate canna-
49 bis for use by such patients, provided that no other caregiver is grow-
50 ing for said patient or patients. [All cultivation] Cultivation under
51 this section shall be in accordance with section 222.15 of the penal law
52 and any regulations made by the board, provided that the maximum number
53 of cannabis plants a designated caregiver is authorized to grow is
54 proportionately increased for each patient they are growing for.
55 2. Nothing in this section shall be construed to permit any certified
56 patient or designated caregiver to sell any cultivated cannabis produced
S. 3294--A 9
1 by any cannabis plant which is or was cultivated for a certified patient
2 pursuant to this section to any other person, even if the certified
3 patient no longer needs or wants such cannabis; provided however, a
4 certified patient or designated caregiver shall be authorized to give
5 such cultivated cannabis to another certified patient in the amounts
6 authorized by section thirty-one of this article. Any certified patient
7 or designated caregiver who is found to be selling such cultivated
8 cannabis for compensation or other remuneration may be subject to any
9 relevant penalties in this chapter, the penal law, and the tax law.
10 § 9. Subdivision 4 of section 42 of the cannabis law is amended to
11 read as follows:
12 4. (a) [Certification applications] Certifications, certification
13 forms[,] and any certified patient or designated caregiver information
14 contained within a database[, and copies of registry identification
15 cards] shall be deemed exempt from public disclosure under sections
16 eighty-seven and eighty-nine of the public officers law. Upon specific
17 request by a certified patient to the office, the office shall verify
18 the requesting patient's status as a valid certified patient to the
19 patient's school or employer or other designated party, to ensure
20 compliance with the protections afforded by this section.
21 (b) The name, contact information, and other information relating to
22 practitioners [registered with the board] certifying patients under this
23 article shall be public information and shall be maintained on the
24 board's website accessible to the public in searchable form. However, if
25 a practitioner notifies the board in writing that [he or she does] they
26 do not want [his or her] their name and other information disclosed,
27 that practitioner's name and other information shall thereafter not be
28 public information or maintained on the board's website, unless the
29 practitioner cancels the request.
30 § 10. Article 33-A of the public health law is REPEALED.
31 § 11. The commissioner of health, the executive director of the office
32 of cannabis management and the commissioner of education, or their
33 designees, shall work in conjunction to expeditiously transfer any
34 records, documents and papers of the controlled substances therapeutic
35 research act and the Antonio G. Olivieri controlled substances therapeu-
36 tic research program repealed by section ten of this act, from the
37 department of health to the office of cannabis management and the state
38 archives.
39 § 12. This act shall take effect immediately; provided, however that
40 sections one, two, three, four, five, six, eight and nine of this act
41 shall take effect on the ninetieth day after it shall have become a law;
42 and provided, further, that sections ten and eleven of this act shall
43 take effect on the one hundred eightieth day after it shall have become
44 a law.
