STATE OF NEW YORK
________________________________________________________________________
7347--B
2011-2012 Regular Sessions
IN ASSEMBLY
May 2, 2011
___________
Introduced by M. of A. GOTTFRIED, ARROYO, CAHILL, CALHOUN, CLARK, COOK,
CYMBROWITZ, DenDEKKER, DINOWITZ, JAFFEE, KAVANAGH, LAVINE, LIFTON,
O'DONNELL, PAULIN, PEOPLES-STOKES, ROSENTHAL, BOYLAND, WEPRIN, BRON-
SON, CRESPO, LUPARDO, TITONE, SKARTADOS, CASTRO, LINARES -- Multi-
Sponsored by -- M. of A. ABINANTI, AUBRY, BRAUNSTEIN, BRENNAN,
BROOK-KRASNY, BURLING, FARRELL, GALEF, GLICK, HIKIND, JACOBS, KELLNER,
V. LOPEZ, MAGEE, MAISEL, MARKEY, McENENY, J. MILLER, MILLMAN, PRETLOW,
N. RIVERA, ROBINSON, RODRIGUEZ, SCARBOROUGH, SCHIMEL, SWEENEY, WEISEN-
BERG, WRIGHT -- read once and referred to the Committee on Health --
recommitted to the Committee on Health in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported and
referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public health law and the general business law, in
relation to 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. Legislative findings and intent. The legislature finds that
2 thousands of New Yorkers have serious medical conditions that can be
3 improved by medically-approved use of marihuana. The law should not
4 stand between them and treatment necessary for life and health. This
5 legislation follows the well-established public policy that a controlled
6 substance can have a legitimate medical use. Many controlled substances
7 that are legal for medical use (such as morphine and steroids) are ille-
8 gal for any other use. The purposes of article 33 of the public health
9 law include allowing legitimate use of controlled substances in health
10 care, including palliative care. This policy and this legislation do not
11 in any way diminish New York state's strong public policy and laws
12 against illegal drug use, nor should it be deemed in any manner to advo-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02415-10-2
A. 7347--B 2
1 cate, authorize, promote, or legally or socially accept the use of mari-
2 huana for children or adults, for any non-medical use. This legislation
3 is an appropriate exercise of the state's legislative power to protect
4 the health of its people under article 17 of the state constitution and
5 the tenth amendment of the United States constitution.
6 It is the legislative intent that this act be implemented consistently
7 with these findings and principles, through a reasonable and workable
8 system with appropriate oversight, evaluation and continuing research.
9 § 2. Article 33 of the public health law is amended by adding a new
10 title 5-A to read as follows:
11 TITLE V-A
12 MEDICAL USE OF MARIHUANA
13 Section 3360. Definitions.
14 3361. Certification of patients.
15 3362. Lawful medical use.
16 3363. Registry identification cards.
17 3364. Registered organizations.
18 3365. Registering of registered organizations.
19 3366. Reports by registered organizations.
20 3367. Evaluation; research programs; report by department.
21 3368. Registered organization assessments.
22 3369. Relation to other laws.
23 3369-a. Protections for the medical use of marihuana.
24 3369-b. Severability.
25 § 3360. Definitions. As used in this title, the following terms shall
26 have the following meanings, unless the context clearly requires other-
27 wise:
28 1. "Certified medical use" means the acquisition, possession, use,
29 delivery, transfer, transportation, or administration of medical mari-
30 huana by a certified patient or designated caregiver for use as part of
31 the treatment of the patient's serious condition specified in a certif-
32 ication under section thirty-three hundred sixty-one of this title,
33 including enabling the patient to tolerate treatment for the serious
34 condition.
35 2. "Caring for" means treating or counseling a patient, in the course
36 of which the practitioner has completed a full assessment of the
37 patient's medical history and current medical condition.
38 3. "Certified patient" means a patient who is certified under section
39 thirty-three hundred sixty-one of this title.
40 4. "Certification" means a certification, made under section thirty-
41 three hundred sixty-one of this title.
42 5. "Designated caregiver" means the individual designated by a certi-
43 fied patient in a registry application.
44 6. "Public place" means a public place as defined in section 240.00 of
45 the penal law, a motor vehicle as defined in section one hundred twen-
46 ty-five of the vehicle and traffic law, an aircraft as defined in
47 section two hundred forty of the general business law or a vessel as
48 defined in section two of the navigation law.
49 7. "Serious condition" means a severe debilitating or life-threatening
50 condition, or a condition associated with or a complication of such a
51 condition or its treatment (including but not limited to inability to
52 tolerate food, nausea, vomiting, dysphoria or pain).
53 8. "Medical marihuana" means marihuana as defined in subdivision twen-
54 ty-one of section thirty-three hundred two of this article intended for
55 a certified medical use.
A. 7347--B 3
1 9. "Registered organization" means a registered organization under
2 sections thirty-three hundred sixty-four and thirty-three hundred
3 sixty-five of this title.
4 10. "Registry application" means an application properly completed and
5 filed with the department by a certified patient under section thirty-
6 three hundred sixty-three of this title.
7 11. "Registry identification card" means a document that identifies a
8 certified patient or designated caregiver, as provided under section
9 thirty-three hundred sixty-three of this title.
10 12. "Practitioner" means a practitioner who is a physician, physician
11 assistant, or nurse practitioner, acting within the practitioner's
12 lawful scope of practice.
13 § 3361. Certification of patients. 1. A patient certification may only
14 be issued if a practitioner who is caring for the patient for a serious
15 condition certifies that: (a) the patient has a serious condition, which
16 shall be specified in the patient's health care record; (b) the patient
17 is under the practitioner's care for the serious condition; and (c) in
18 the practitioner's professional opinion, the patient is likely to
19 receive therapeutic or palliative benefit from the primary or adjunctive
20 treatment with medical use of marihuana for the serious condition.
21 2. The certification shall be in writing and include (a) the name,
22 date of birth and address of the patient; (b) a statement that the
23 patient has a serious condition; the patient is under the practitioner's
24 care for the serious condition and, in the practitioner's professional
25 opinion, the patient is likely to receive therapeutic or palliative
26 benefit from the primary or adjunctive treatment with medical use of
27 marihuana for the serious condition; (c) the date; and (d) the name,
28 address, federal registration number, telephone number, and the hand-
29 written signature of the certifying practitioner. The commissioner may
30 require by regulation that the certification shall be on a form provided
31 by the department if the commissioner determines that the department is
32 making certification forms adequately available.
33 3. The practitioner shall give the certification to the certified
34 patient, and place a copy in the patient's health care record.
35 4. No practitioner shall issue a certification under this section for
36 himself or herself.
37 5. A registry identification card based on a certification shall
38 expire one year after the date the certification is signed by the prac-
39 titioner; except that where a certified patient has a registry identifi-
40 cation card based on a current valid certification, a new registry iden-
41 tification card based on a new certification shall expire one year after
42 the expiration of the registry identification card based on the current
43 valid certification. However, if the practitioner states in the certif-
44 ication that he or she believes the patient would benefit from medical
45 marihuana only until a specified earlier date, then the registry iden-
46 tification card shall expire on that date.
47 § 3362. Lawful medical use. 1. The possession, acquisition, use,
48 delivery, transfer, transportation, or administration of medical mari-
49 huana by a certified patient or designated caregiver possessing a valid
50 registry identification card, for certified medical use, shall be lawful
51 under this title; provided that:
52 (a) the marihuana that may be possessed by a certified patient does
53 not exceed a total aggregate weight of two and one-half ounces of mari-
54 huana; and
55 (b) the marihuana that may be possessed by a designated caregiver does
56 not exceed the quantities referred to in paragraph (a) of this subdivi-
A. 7347--B 4
1 sion for each certified patient for whom the caregiver possesses a valid
2 registry identification card, up to five certified patients.
3 2. Notwithstanding subdivision one of this section: (a) possession of
4 marihuana shall not be lawful under this title if it is consumed, grown
5 or displayed in a public place; (b) medical marihuana may not be smoked
6 in any place where tobacco may not be smoked under article thirteen-E of
7 this chapter; (c) except that in a health care facility, medical mari-
8 huana may be smoked by a patient of the facility, subject to other
9 provisions of this title, in an area, and under circumstances, permitted
10 by the facility, provided that the patient does not smoke in the pres-
11 ence of patients who are not certified under this title.
12 3. It shall be lawful under this article to give or dispose of mari-
13 huana, obtained under this title, for certified medical use, between
14 certified patients and other certified patients, and between a desig-
15 nated caregiver and the designated caregiver's certified patient where
16 nothing of value is transferred in return, or to offer to do the same.
17 This prohibition on transferring or offering to transfer a thing of
18 value shall not (a) apply to sale of medical marihuana to or by a regis-
19 tered organization under this article; nor (b) prevent a designated
20 caregiver from being reimbursed for reasonable costs or activities
21 relating to caring for a certified patient, including, but not limited
22 to, reimbursement for legitimate expenses relating to the purchase of
23 medical marihuana from a registered organization under section thirty-
24 three hundred sixty-six of this title.
25 § 3363. Registry identification cards. 1. The department shall issue
26 registry identification cards for certified patients and designated
27 caregivers. A registry identification card shall expire as provided in
28 section thirty-three hundred sixty-one of this title or as otherwise
29 provided in this section. The department shall begin issuing registry
30 identification cards no later than one year after the effective date of
31 this section. The department may specify a form for a registry applica-
32 tion, in which case the department shall provide the form on request,
33 reproductions of the form may be used, and the form shall be available
34 for downloading from the department's website.
35 2. To obtain or renew a registry identification card, a certified
36 patient shall file a registry application with the department. The
37 registry application or renewal application shall include:
38 (a) the original patient's certification (a new written certification
39 shall be provided with a renewal application);
40 (b) (i) the name, address, and date of birth of the patient; (ii) the
41 date of the certification; (iii) if the patient has a registry identifi-
42 cation card based on a current valid certification, the registry iden-
43 tification number and expiration date of that registry identification
44 card; (iv) the specified date until which the patient would benefit from
45 medical marihuana, if the certification states such a date; (v) the
46 name, address, federal registration number, and telephone number of the
47 certifying practitioner; and (vi) other individual identifying informa-
48 tion required by the department;
49 (c) if the patient designates a designated caregiver, the name,
50 address, and date of birth of the designated caregiver, and other indi-
51 vidual identifying information required by the department; a certified
52 patient may designate up to two designated caregivers;
53 (d) a statement that a false statement made in the application is
54 punishable under section 210.45 of the penal law;
55 (e) the date of the application and the signature of the certified
56 patient; and
A. 7347--B 5
1 (f) a reasonable application fee, as determined by the department;
2 provided, that the department may waive or reduce the fee in cases of
3 financial hardship.
4 3. Where a certified patient is under the age of eighteen:
5 (a) The application for a registry identification card shall be made
6 by an appropriate person over twenty-one years of age. The application
7 shall state facts demonstrating that the person is appropriate.
8 (b) The designated caregiver shall be (i) a parent or legal guardian
9 of the certified patient, (ii) a person designated by a parent or legal
10 guardian, or (iii) an appropriate person approved by the department upon
11 a sufficient showing that no parent or legal guardian is appropriate or
12 available.
13 4. No person may be a designated caregiver if the person is under
14 twenty-one years of age unless a sufficient showing is made to the
15 department that the person should be permitted to serve as a designated
16 caregiver.
17 5. No person may be a designated caregiver for more than five certi-
18 fied patients at one time. A designated caregiver shall carry a separate
19 registry identification card for each certified patient for whom he or
20 she is a designated caregiver. Each registry identification card shall
21 contain the same registry identification number specified in this
22 section.
23 6. The department shall issue separate registry identification cards
24 for the certified patient and the designated caregiver (if one is desig-
25 nated in the registry application) within thirty days of receiving a
26 complete application under this section, unless it determines that the
27 application is incomplete or facially inaccurate, in which case it shall
28 promptly notify the applicant.
29 7. If the department does not approve the designation of an individ-
30 ual as a designated caregiver, that shall not affect the approval of the
31 application as to the certified patient.
32 8. A registry identification card shall contain:
33 (a) the name of the certified patient and the designated caregiver (if
34 one is designated in the registry application);
35 (b) the date of issuance and expiration date of the registry identifi-
36 cation card;
37 (c) a registry identification number for the certified patient and a
38 registry identification number for the designated caregiver (if one is
39 designated in the registry application); and
40 (d) a photograph of the individual to whom the registry identification
41 card is being issued, which shall be obtained by the department in a
42 manner specified by the commissioner in regulations; provided, however,
43 that if the department required certified patients to submit photographs
44 for this purpose, there shall be a reasonable accommodation of certified
45 patients who are confined to their homes due to their medical conditions
46 and may therefore have difficulty procuring photographs.
47 9. A certified patient or designated caregiver who has been issued a
48 registry identification card shall notify the department of any change
49 in his or her name or address or, with respect to the patient, or if he
50 or she ceases to have the serious condition noted on the certification
51 within ten days of such change.
52 10. If a certified patient or designated caregiver loses his or her
53 registry identification card, he or she shall notify the department and
54 submit a ten dollar fee within ten days of losing the card to maintain
55 the registration. The department may establish higher fees for issuing
56 a new registry identification card for second and subsequent replace-
A. 7347--B 6
1 ments for a lost card, provided, that the department may waive or reduce
2 the fee in cases of financial hardship. Within five days after such
3 notification and payment, the department shall issue a new registry
4 identification card, which may contain a new registry identification
5 number, to the certified patient or designated caregiver, as the case
6 may be.
7 11. The department shall maintain a confidential list of the persons
8 to whom it has issued registry identification cards. Individual identi-
9 fying information obtained by the department under this title shall be
10 confidential and exempt from disclosure under article six of the public
11 officers law. Notwithstanding this subdivision, the department may noti-
12 fy any appropriate law enforcement agency of information relating to any
13 violation or suspected violation of this title.
14 12. The department shall verify to law enforcement personnel in an
15 appropriate case whether a registry identification card is valid.
16 13. If a certified patient or designated caregiver willfully violates
17 any provision of this title as determined by the department, his or her
18 registry identification card may be revoked. This is in addition to any
19 other penalty that may apply.
20 14. (a) Registry implementation date. As used in this subdivision, the
21 "registry implementation date" is the date determined by the commission-
22 er when the department is ready to receive and expeditiously act on
23 applications for registry identification cards under this section.
24 (b) On and after the registry implementation date, upon receipt of an
25 application for a registry identification card, the department shall
26 send to the applicant a letter acknowledging such receipt. While the
27 application for a registry identification card is pending, a copy of the
28 registry application, together with a copy of the certification and a
29 copy of the letter of receipt from the department, shall serve as and
30 have the same effect as a registry identification card for the certified
31 patient and designated caregiver if any, provided that a certification
32 and application shall not serve as a valid registry identification card
33 after the initial thirty day period under subdivision six of this
34 section. This paragraph shall expire and have no effect one year after
35 the registry implementation date.
36 15. If the department fails to begin issuing registry identification
37 cards no later than one year after the effective date of this section, a
38 patient's certification shall serve as the registry identification card
39 for both the patient and the patient's designated caregiver.
40 § 3364. Registered organizations. 1. A registered organization shall
41 be:
42 (a) a pharmacy;
43 (b) a facility licensed under article twenty-eight of this chapter;
44 (c) a not-for-profit corporation organized for the purpose of acquir-
45 ing, possessing, manufacturing, selling, delivering, transporting or
46 distributing marihuana for certified medical use; or
47 (d) a registered producer, which shall be a person or entity, with
48 appropriate expertise in agriculture, registered for the purpose of
49 acquiring or manufacturing marihuana and selling, delivering, transport-
50 ing, or distributing it to another registered organization; a certified
51 producer shall not sell, deliver or distribute marihuana to a certified
52 patient or designated caregiver for that person's use.
53 2. The acquiring, possession, manufacture, sale, delivery, transport-
54 ing or distributing of marihuana by a registered organization under this
55 title in accordance with its registration under section thirty-three
A. 7347--B 7
1 hundred sixty-five of this title or a renewal thereof shall be lawful
2 under this title.
3 3. A registered organization (other than a registered producer) may
4 lawfully, in good faith, sell, deliver or distribute medical marihuana
5 to a certified patient or designated caregiver upon presentation to the
6 registered organization of a valid registry identification card for that
7 certified patient or designated caregiver. When presented with the
8 registry identification card, the registered organization shall provide
9 to the certified patient or designated caregiver a receipt, which shall
10 state: the name, address, and registry identification number of the
11 registered organization; the registry identification number of the
12 certified patient and the designated caregiver (if any); and the quanti-
13 ty of marihuana sold. The registered organization shall retain a copy of
14 the registry identification card and the receipt for one year.
15 4. No registered organization may sell, deliver or distribute to any
16 certified patient or designated caregiver a quantity of medical marihua-
17 na larger than that individual would be allowed to possess under this
18 title.
19 5. When a registered organization sells, delivers or distributes
20 medical marihuana to a certified patient or designated caregiver, it
21 shall provide to that individual a safety insert, which will be devel-
22 oped and approved by the commissioner and include, but not be limited
23 to, information on: (a) methods for administering medical marihuana, (b)
24 any potential dangers stemming from the use of medical marihuana, and
25 (c) how to recognize what may be problematic usage of medical marihuana
26 and obtain appropriate services or treatment for problematic usage.
27 § 3365. Registering of registered organizations. 1. Application for
28 initial registration. (a) An applicant for registration as a registered
29 organization under section thirty-three hundred sixty-four of this title
30 shall furnish to the department a description of the activities in which
31 it intends to engage as a registered organization and any information
32 the department shall reasonably require and evidence that the applicant:
33 (i) and its managing officers are of good moral character;
34 (ii) possesses or has the right to use sufficient land, buildings and
35 equipment to properly carry on the activity described in the applica-
36 tion;
37 (iii) is able to maintain effective control against diversion of the
38 marihuana; and
39 (iv) is able to comply with all applicable state laws and regulations
40 relating to the activities in which it intends to engage under the
41 registration.
42 (b) The application shall establish the applicant's status under para-
43 graph (a), (b), (c) or (d) of subdivision one of section thirty-three
44 hundred sixty-four of this title, or its intention to qualify under
45 paragraph (c) or (d) of subdivision one of section thirty-three hundred
46 sixty-four of this title.
47 (c) The application shall include the name, residence address and
48 title of each of the officers and directors and the name and residence
49 address of any person or entity that is a member of the applicant. Each
50 such person, if an individual, or lawful representative if a legal enti-
51 ty, shall submit an affidavit with the application setting forth:
52 (i) any position of management or ownership during the preceding ten
53 years of a ten per centum or greater interest in any other business,
54 located in or outside this state, manufacturing or distributing drugs;
55 (ii) whether such person or any such business has been convicted,
56 fined, censured or had a registration suspended or revoked in any admin-
A. 7347--B 8
1 istrative or judicial proceeding relating to or arising out of the manu-
2 facture, distribution, sale, or possession of drugs; and
3 (iii) such other information as the commissioner may reasonably
4 require.
5 (d) The applicant shall be under a continuing duty to report to the
6 department any change in facts or circumstances reflected in the appli-
7 cation or any newly discovered or occurring fact or circumstance which
8 is required to be included in the application.
9 2. Granting of registration. (a) The commissioner shall grant a regis-
10 tration or amendment to a registration under this section if he or she
11 is satisfied that:
12 (i) the applicant will be able to maintain effective control against
13 diversion of marihuana;
14 (ii) the applicant will be able to comply with all applicable state
15 laws;
16 (iii) the applicant and its officers are ready, willing and able to
17 properly carry on the manufacturing or distributing activity for which a
18 registration is sought;
19 (iv) the applicant possesses or has the right to use sufficient land,
20 buildings and equipment to properly carry on the activity described in
21 the application;
22 (v) it is in the public interest that such registration be granted; in
23 the case of an applicant under paragraph (c) of subdivision one of
24 section thirty-three hundred sixty-four of this title, the commissioner
25 may consider whether the number of registered organizations in an area
26 will be adequate or excessive to reasonably serve the area; and
27 (vi) the applicant and its managing officers are of good moral charac-
28 ter.
29 (b) If the commissioner is not satisfied that the applicant should be
30 issued a registration, he or she shall notify the applicant in writing
31 of those factors upon which further evidence is required. Within thirty
32 days of the receipt of such notification, the applicant may submit addi-
33 tional material to the commissioner or demand a hearing, or both.
34 (c) The fee for a registration under this section shall be a reason-
35 able amount determined by the department in regulations; provided howev-
36 er, if the registration is issued for a period greater than two years
37 the fee shall be increased, pro rata, for each additional month of
38 validity.
39 (d) Registrations issued under this section shall be effective only
40 for and shall specify:
41 (i) the name and address of the registered organization; and
42 (ii) which activities of a registered organization are permitted by
43 the registration.
44 (e) Upon application of a registered organization, a registration may
45 be amended to allow the registered organization to relocate within the
46 state or to add or delete permitted registered organization activities.
47 The fee for such amendment shall be two hundred fifty dollars.
48 3. A registration issued under this section shall be valid for two
49 years from the date of issue, except that in order to facilitate the
50 renewals of such registrations, the commissioner may upon the initial
51 application for a registration, issue some registrations which may
52 remain valid for a period of time greater than two years but not exceed-
53 ing an additional eleven months.
54 4. Applications for renewal of registrations. (a) An application for
55 the renewal of any registration issued under this section shall be filed
56 with the department not more than six months nor less than four months
A. 7347--B 9
1 prior to the expiration thereof. A late-filed application for the
2 renewal of a registration may, in the discretion of the commissioner, be
3 treated as an application for an initial license.
4 (b) The application for renewal shall include such information
5 prepared in the manner and detail as the commissioner may require,
6 including but not limited to:
7 (i) any material change in the circumstances or factors listed in
8 subdivision one of this section; and
9 (ii) every known charge or investigation, pending or concluded during
10 the period of the registration, by any governmental agency with respect
11 to:
12 (A) each incident or alleged incident involving the theft, loss, or
13 possible diversion of marihuana manufactured or distributed by the
14 applicant; and
15 (B) compliance by the applicant with the laws of the state with
16 respect to any substance listed in section thirty-three hundred six of
17 this article.
18 (c) An applicant for renewal shall be under a continuing duty to
19 report to the department any change in facts or circumstances reflected
20 in the application or any newly discovered or occurring fact or circum-
21 stance which is required to be included in the application.
22 (d) If the commissioner is not satisfied that the applicant is enti-
23 tled to a renewal of the registration, he or she shall within forty-five
24 days after the filing of the application serve upon the applicant or his
25 or her attorney of record in person or by registered or certified mail
26 an order directing the applicant to show cause why his or her applica-
27 tion for renewal should not be denied. The order shall specify in detail
28 the respects in which the applicant has not satisfied the commissioner
29 that the registration should be renewed.
30 (e) Within thirty days of service of such order, the applicant may
31 submit additional material to the commissioner or demand a hearing or
32 both. If a hearing is demanded the commissioner shall fix a date for
33 hearing not sooner than fifteen days nor later than thirty days after
34 receipt of the demand, unless such time limitation is waived by the
35 applicant.
36 5. Granting of renewal of registrations. (a) The commissioner shall
37 renew a registration unless he or she determines and finds that the
38 applicant:
39 (i) is unlikely to maintain or be able to maintain effective control
40 against diversion; or
41 (ii) is unlikely to comply with all state laws applicable to the
42 activities in which it may engage under the registration; or
43 (iii) is an applicant under paragraph (c) of subdivision one of
44 section thirty-three hundred sixty-four of this title, in which case the
45 commissioner may consider whether the number of registered organizations
46 in an area is adequate or excessive to reasonably serve the area.
47 (b) For purposes of this section, proof that a registered organiza-
48 tion, during the period of its registration, has failed to maintain
49 effective control against diversion or has knowingly or negligently
50 failed to comply with applicable state laws relating to the activities
51 in which it engages under the registration, shall constitute substantial
52 evidence that the applicant will be unlikely to maintain effective
53 control against diversion or will be unlikely to comply with the appli-
54 cable state statutes during the period of proposed renewal.
55 6. The department may suspend or terminate the registration of a
56 registered organization, on grounds and using procedures under this
A. 7347--B 10
1 article relating to a license, to the extent consistent with this title.
2 Conduct in compliance with this title, but which may violate conflicting
3 federal law, shall not be grounds to suspend or terminate a registra-
4 tion.
5 7. A registered organization is entitled to all of the rights,
6 protections, and procedures provided to a licensee under this article.
7 8. The department shall begin issuing registrations for registered
8 organizations no later than one year after the effective date of this
9 section.
10 § 3366. Reports by registered organizations. 1. The commissioner
11 shall, by regulation, require each registered organization that sells,
12 delivers or distributes medical marihuana to a certified patient or
13 designated caregiver to file reports of all such sales, deliveries or
14 distributions by the registered organization during a particular period,
15 on forms provided by the department. Reports shall be not more frequent-
16 ly than every six months. Each report shall include for each such sale,
17 delivery or distribution: the date, the quantity sold, delivered or
18 distributed; and the name, address and registry identification number of
19 the certified patient and the designated caregiver (if any).
20 2. The commissioner shall, by regulation, require each registered
21 producer to file reports of all sales, deliveries or distributions of
22 medical marihuana by the registered producer during a particular period,
23 on forms provided by the department. Reports shall be not more frequent-
24 ly than every month. Each report shall include for each such sale,
25 delivery or distribution: the date, the quantity sold, delivered or
26 distributed; and the name and address of the registered organization to
27 which the sale, delivery or distribution was made.
28 § 3367. Evaluation; research programs; report by department. 1. The
29 commissioner may provide for the analysis and evaluation of the opera-
30 tion of this title. The commissioner may enter into agreements with one
31 or more persons, not-for-profit corporations or other organizations, for
32 the performance of an evaluation of the implementation and effectiveness
33 of this title.
34 2. The department may develop, seek any necessary federal approval
35 for, and carry out research programs relating to medical use of marihua-
36 na. Participation in any such research program shall be voluntary on
37 the part of practitioners, patients, and designated caregivers.
38 3. The department shall report every two years, beginning two years
39 after the effective date of this title, to the governor and the legisla-
40 ture on the medical use of marihuana under this title and make appropri-
41 ate recommendations.
42 § 3368. Registered organization assessments. 1. Each registered organ-
43 ization shall be charged an assessment in the amount of seven and one-
44 tenth percent of its gross receipts received from all medical marihuana
45 sold, delivered or distributed, less refunds, on a cash basis. The
46 assessment shall be submitted by or on behalf of the registered organ-
47 ization to the commissioner or his or her designee on a schedule to be
48 determined by the commissioner.
49 2. The gross receipts tax owed by a registered organization under
50 section twenty-eight hundred seven-d of this chapter, attributable to
51 the sale, delivery or distribution of medical marihuana under this
52 title, shall be deductible by the registered organization from any gross
53 receipts assessment owed by it under this title.
54 3. The registered organization shall maintain the documentation neces-
55 sary to establish what amount is owed pursuant to this section and such
A. 7347--B 11
1 records shall be subject to audit by the commissioner or his or her
2 designee.
3 § 3369. Relation to other laws. 1. The provisions of this article
4 shall apply to this title, except that where a provision of this title
5 conflicts with another provision of this article, this title shall
6 apply.
7 2. Nothing in this title shall be construed to require or prohibit an
8 insurer or health plan under this chapter or the insurance law to
9 provide coverage for medical marihuana. Nothing in this title shall be
10 construed to require coverage for medical marihuana under article twen-
11 ty-five of this chapter or article five of the social services law.
12 3. A person or entity shall not be subject to criminal or civil
13 liability or professional discipline for acting reasonably and in good
14 faith pursuant to this title.
15 § 3369-a. Protections for the medical use of marihuana. 1. Certified
16 patients, designated caregivers, practitioners, registered organizations
17 and the employees of registered organizations shall not be subject to
18 arrest, prosecution, or penalty in any manner, or denied any right or
19 privilege, including but not limited to civil penalty or disciplinary
20 action by a business or occupational or professional licensing board or
21 bureau, solely for the certified medical use or manufacture of marihua-
22 na, or for any other action or conduct in accordance with this title.
23 State or local law enforcement agencies shall not cooperate with or
24 provide assistance to the government of the United States or any agency
25 thereof in enforcing the Controlled Substances Act, 21 U.S.C. § 801 et.
26 seq., solely for actions and conduct consistent with this title, except
27 as pursuant to a valid court order.
28 2. Affirmative defense. A patient and a patient's caregiver who have
29 failed to obtain a registry identification card may assert an affirma-
30 tive defense to any prosecution under state law for actions and conduct
31 that is otherwise consistent with the certified medical use of marihuana
32 as defined under this title.
33 3. Incidental amount of marihuana. Any incidental amount of seeds,
34 stalks, and unusable roots shall not be included in the amounts speci-
35 fied in subdivision one of section thirty-three hundred sixty-two of
36 this title.
37 4. School, employer, or landlord may not discriminate. A school,
38 employer, or landlord may not refuse to enroll or employ or lease to or
39 otherwise penalize a person solely for that person's status as a certi-
40 fied patient or designated caregiver unless failing to do so would put
41 the school, employer, or landlord in violation of federal law or cause
42 it to lose a federal contract or funding.
43 5. Person may not be denied medical care, including organ transplant.
44 For the purposes of medical care, including organ transplants, a certi-
45 fied patient's medical use of marihuana shall not constitute the use of
46 an illicit substance and may only be considered with respect to evidence
47 based clinical criteria.
48 6. Person may not be denied custody or visitation of minor. A person
49 shall not be denied custody or visitation of a minor for acting in
50 accordance with this title unless the person's behavior is such that it
51 creates an unreasonable danger to the minor that can be clearly artic-
52 ulated and substantiated.
53 7. Effect of registry identification card issued by another jurisdic-
54 tion. A registry identification card, or its equivalent, that is issued
55 under the laws of another state, district, territory, commonwealth, or
56 possession of the United States that allows the medical use of marihuana
A. 7347--B 12
1 has the same force and effect as a registry identification card issued
2 by the department, so long as the visiting patient's serious condition
3 would qualify for the certified medical use of marihuana under this
4 title.
5 § 3369-b. Severability. If any provision of this title or the applica-
6 tion thereof to any person or circumstance is held invalid, such inva-
7 lidity shall not affect other provisions or applications of this title
8 which can be given effect without the invalid provision or application,
9 and to this end the provisions of this title are severable.
10 § 3. Section 853 of the general business law is amended by adding a
11 new subdivision 3 to read as follows:
12 3. This article shall not apply to any sale, furnishing or possession
13 which is for a lawful purpose under title five-A of article thirty-three
14 of the public health law.
15 § 4. This act shall take effect immediately.
