STATE OF NEW YORK
________________________________________________________________________
4276
2017-2018 Regular Sessions
IN ASSEMBLY
February 2, 2017
___________
Introduced by M. of A. GOTTFRIED, LUPARDO, DINOWITZ, PAULIN, HEVESI,
BLAKE, BRINDISI, COOK, ORTIZ, JENNE, SEPULVEDA, SIMON, SKARTADOS,
SKOUFIS, ZEBROWSKI, McDONALD -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to dosing limitations
and medical conditions permitting the medical use of marihuana
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 15 of section 3360 of the public health law, as
2 added by chapter 90 of the laws of 2014, is amended to read as follows:
3 15. "Individual dose" means a single measure of raw medical marihuana
4 or non-infused concentrates to be determined and clearly identified by a
5 patient's practitioner for the patient's specific certified condition.
6 [For ingestible or sub-lingual medical marihuana products, no individual
7 dose may contain more than ten milligrams of tetrahydrocannabinol.]
8 § 2. Subdivision 7 of section 3360 of the public health law, as added
9 by chapter 90 of the laws of 2014, is amended to read as follows:
10 7. [(a)] "Serious condition" means:
11 (i) having one of the following severe debilitating or life-threaten-
12 ing conditions: cancer, positive status for human immunodeficiency virus
13 or acquired immune deficiency syndrome, amyotrophic lateral sclerosis,
14 Alzheimer's disease, traumatic brain injury, dystonia, Parkinson's
15 disease, multiple sclerosis, muscular dystrophy, damage to the nervous
16 tissue of the spinal cord with objective neurological indication of
17 intractable spasticity, epilepsy, wasting syndrome, post traumatic
18 stress disorder, rheumatoid arthritis, lupus, inflammatory bowel
19 disease, neuropathies, Huntington's disease, or as added by the commis-
20 sioner; [and] or
21 (ii) any of the following conditions where it is clinically associated
22 with, or a complication of, a condition under this paragraph or its
23 treatment: cachexia or wasting syndrome; severe or chronic pain; severe
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02522-01-7
A. 4276 2
1 nausea; seizures; severe or persistent muscle spasms; or such conditions
2 as are added by the commissioner.
3 [(b) No later than eighteen months from the effective date of this
4 section, the commissioner shall determine whether to add the following
5 serious conditions: Alzheimer's, muscular dystrophy, dystonia, post-
6 traumatic stress disorder and rheumatoid arthritis.]
7 § 3. This act shall take effect immediately; provided that the amend-
8 ments to title 5-a of article 33 of the public health law made by this
9 act shall not affect the repeal of such title and shall be deemed
10 repealed therewith.
