Defines a serious condition regarding the medical use of marihuana as a severe debilitating or life-threatening condition, or symptom or complication of the condition or its treatment, for which, in the practitioner's professional opinion and review of past treatments, the patient is likely to receive therapeutic or palliative benefit from primary or adjunctive treatment with medical use of medical marihuana.
STATE OF NEW YORK
________________________________________________________________________
8904
IN ASSEMBLY
January 5, 2018
___________
Introduced by M. of A. GOTTFRIED, LUPARDO, ABINANTI, DINOWITZ, L. ROSEN-
THAL, ORTIZ, McDONALD, SIMON, SKOUFIS, CAHILL, BRONSON, D'URSO, HEVE-
SI, LIFTON, MORELLE -- Multi-Sponsored by -- M. of A. COOK, CRESPO --
read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to the definition of
a serious condition regarding 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 7 of section 3360 of the public health law, as
2 added by chapter 90 of the laws of 2014 and paragraph (a) as amended by
3 chapter 403 of the laws of 2017, is amended to read as follows:
4 7. [(a)] "Serious condition" means[:
5 (i) having one of the following severe debilitating or life-threaten-
6 ing conditions: cancer, positive status for human immunodeficiency virus
7 or acquired immune deficiency syndrome, amyotrophic lateral sclerosis,
8 Parkinson's disease, multiple sclerosis, damage to the nervous tissue of
9 the spinal cord with objective neurological indication of intractable
10 spasticity, epilepsy, inflammatory bowel disease, neuropathies,
11 Huntington's disease, post-traumatic stress disorder, or as added by the
12 commissioner; and
13 (ii) any of the following conditions where it is clinically associated
14 with, or a complication of, a condition under this paragraph or its
15 treatment: cachexia or wasting syndrome; severe or chronic pain; severe
16 nausea; seizures; severe or persistent muscle spasms; or such conditions
17 as are added by the commissioner.
18 (b) No later than eighteen months from the effective date of this
19 section, the commissioner shall determine whether to add the following
20 serious conditions: Alzheimer's, muscular dystrophy, dystonia, post-
21 traumatic stress disorder and rheumatoid arthritis] a severe debilitat-
22 ing or life-threatening condition, or symptom or complication of the
23 condition or its treatment, for which, in the practitioner's profes-
24 sional opinion and review of past treatments, the patient is likely to
25 receive therapeutic or palliative benefit from primary or adjunctive
26 treatment with medical use of medical marihuana.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13936-01-7
A. 8904 2
1 § 2. This act shall take effect immediately, provided however, that
2 the amendments to title 5-A of article 33 of the public health law made
3 by this act shall not affect the expiration and repeal of such title and
4 shall expire and be deemed repealed therewith.
