Creates an advisory committee on medical use of marihuana to advise the commissioner on making regulations and to decide patient appeals; permits the use of identification cards issued by other states.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9553
SPONSOR: Gottfried TITLE OF BILL: An act to amend the public health law, in relation to
regulations governing the medical use of marihuana
PURPOSE:
To establish an "advisory committee" and subcommittees to advise the
Commissioner in making regulations on medical marihuana and reviewing
appeals of denials of patient or caregiver applications; to provide that
medical marihuana regulations must be reasonable and consistent with
legislative intent; and to recognize visiting patients' medical marihua-
na certifications issued by other states
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Legislative intent.
Section 2: Amends section 3369-a of the Public Health Law to establish
an advisory committee on medical use of marihuana consisting of 15
members and responsible for advising the Commissioner in making regu-
lations and reviewing appeals of denials of patient or caregiver appli-
cations; and to establish a subcommittee to advise the Commissioner and
advisory committee on clinical matters relating to medical marihuana.
Also provides that regulations under the medical marihuana title shall
be reasonable and consistent with the title, the legislative intent, and
verifiable clinical, legal or public safety considerations.
Section 3: Adds a new subdivision 5 to § 3369 of the Public Health Law
to recognize a registry identification card or its equivalent, issued by
another state, district, territory, commonwealth, or possession of the
United States, as valid in New York if a New York practitioner attests
in writing to the seriousness of a vising patient's condition:.
Requires the patient to provide such attestation to the registered
organization at the time of dispensing.
Section 4: Effective date.
JUSTIFICATION:
Implementation of the medical marihuana law is an extremely complex
process that includes roles for producers and providers, controlled
substance monitoring experts, and law enforcement, as well as patients
and their advocates. It is critical to successful implementation that
all parties with relevant knowledge have the opportunity to provide
insight and feedback.
This legislation creates an advisory committee of 15 members to assist
the Commissioner in making regulations and reviewing appeals in the
event of denials of patient or caregiver applications. While regulatory
and appeals decisions ultimately lie with the Commissioner, this body
will represent the full range of experts whose input is needed to build
a safe and comprehensive medical marihuana program, including but not
limited to:
*Health care practitioners;
*Patients with serious conditions or their representatives;
*Experts in controlled substance regulation;
*Medical marihuana industry professionals; and
*Law enforcement.
This legislation also establishes a subcommittee specializing in clin-
ical matters. The subcommittee will provide specialized clinical advice
to the Commissioner and the advisory committee including providing
recommendations on expanding or contracting the list of eligible
diseases. Subcommittee membership may include, but not be limited to,
members of the advisory committee. In a rapidly-developing field like
medical marihuana research, it is crucial that clinical professionals
have input on determining appropriate medical uses and standards.
This legislation also assures that regulations under the medical mari-
huana law are consistent with the law and its legislative intent.
The medical marihuana law does not include provisions for recognizing
patients certified in other states. Currently 23 states plus the
District of Columbia and territory of Guam allow medical use of marihua-
na. Patients who went through certification processes in those locations
should not have to go through another entire certification process in
New York, particularly when many medical marihuana patients need timely
and consistent medical care.
This bill requires New York's program to recognize these out-of-state
certifications so long as the patient's condition is serious as attested
to in writing by a New York-approved practitioner. The patient must then
provide the written attestation to any registered organization dispens-
ing medical marihuana to that patient.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
9553
IN ASSEMBLY
March 16, 2016
___________
Introduced by M. of A. GOTTFRIED, LUPARDO, DINOWITZ, PAULIN, HEVESI,
BLAKE, BRINDISI, ORTIZ, SEPULVEDA, SIMON, SKOUFIS, ZEBROWSKI -- read
once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to regulations
governing 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. 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 medical use of controlled substances in
10 health care, including palliative care.
11 Title 5-A of article 33 of the public health law, and the amendments
12 to it in this act, establish a medical model of care which regulates
13 medical marihuana as a recommended medicine in keeping with recognized
14 medical public health and safety standards. This policy and this legis-
15 lation do not in any way diminish New York state's strong public policy
16 and laws against illegal drug use, nor should it be deemed in any manner
17 to advocate, authorize, promote, or legally or socially accept the use
18 of marihuana for children or adults, for any non-medical use. This
19 legislation is an appropriate exercise of the state's legislative power
20 to protect the health of its people under article 17 of the state
21 constitution and the tenth amendment of the United States constitution.
22 Furthermore, the legislature finds that New York state has a signif-
23 icant and ongoing economic and non-regulatory interest in the financial
24 viability of organizations that sell marihuana for medical use. The
25 legislature finds that the financial viability of such organizations
26 would be greatly diminished and threatened by labor-management conflict,
27 such as a strike at a facility that cultivates marihuana, especially
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13602-02-6
A. 9553 2
1 because of the need for enhanced security concerning the products.
2 Replacements during a strike would be difficult to arrange and cause
3 delay far more significant than a strike elsewhere. Accordingly, the
4 legislature finds that the state has a substantial and compelling
5 proprietary interest in this matter, and finds that labor peace is
6 essential for any organization to conduct business relating to the sale
7 of medical marihuana.
8 It is the legislative intent that this act be implemented consistently
9 with these findings and principles, through a reasonable and workable
10 system with appropriate oversight; strong "seed to sale" regulation to
11 prevent diversion, abuse, and other illegal conduct; reasonable access
12 to and appropriate use of medical marihuana by certified patients; eval-
13 uation; and continuing research.
14 § 2. Section 3369-a of the public health law, as added by chapter 90
15 of the laws of 2014, is amended to read as follows:
16 § 3369-a. Regulations. 1. The commissioner shall make regulations to
17 implement this title. Regulations under this title shall be reasonable
18 and consistent with this title, the legislative intent, and verifiable
19 clinical, legal or public safety considerations.
20 2. There is hereby established in the department an advisory committee
21 on medical use of marihuana (the "advisory committee") to advise the
22 commissioner on making regulations under this title and on any matters
23 relating to the implementation of this title as the commissioner shall
24 determine. The advisory committee shall consist of fifteen members. The
25 members of the advisory committee shall be appointed as follows: eight
26 to be appointed by the governor, two to be appointed by the governor on
27 the recommendation of the temporary president of the senate, one to be
28 appointed by the governor on the recommendation of the minority leader
29 of the senate, two to be appointed by the governor on the recommendation
30 of the speaker of the assembly, one to be appointed by the governor on
31 the recommendation of the minority leader of the assembly, and one to be
32 appointed by the governor on the recommendation of the attorney general
33 of the state of New York. The advisory committee shall include but not
34 be limited to: health care practitioners, patients or representatives of
35 patients with serious conditions, experts in the regulation of
36 controlled substances for medical use, medical marihuana industry
37 professionals and law enforcement. The advisory committee shall be
38 responsible for reviewing the appeal of any patient or caregiver whose
39 registry application has been denied by the department. The advisory
40 committee shall make recommendations regarding any such appeal to the
41 commissioner, who shall make the final determination. The commissioner
42 may also form subcommittees of the advisory committee. The commissioner
43 shall form a subcommittee to assist and advise the commissioner and the
44 advisory committee on clinical matters relating to medical marihuana,
45 including but not limited to expanding or retracting the categories of
46 diseases to be considered serious conditions for purposes of this title,
47 the members of which shall predominantly be clinical professionals in
48 appropriate areas of expertise and shall also include representatives of
49 patients and the general public. Members of a subcommittee need not be
50 members of the advisory committee. Members of the advisory committee
51 shall serve for a term of four years. Members of a subcommittee shall
52 serve at the pleasure of the commissioner. Members of the advisory
53 committee or a subcommittee may receive reimbursement by the department
54 for their reasonable and necessary expenses incurred as members of the
55 advisory committee or a subcommittee. A public employee may be a member
56 of the advisory committee or a subcommittee.
A. 9553 3
1 § 3. Section 3369 of the public health law is amended by adding a new
2 subdivision 5 to read as follows:
3 5. A registry identification card, or its equivalent, that is issued
4 under the laws of another state, district, territory, commonwealth, or
5 possession of the United States that allows the medical use of marihuana
6 has the same force and effect as a registry identification card issued
7 by the department, so long as the visiting patient's condition is a
8 serious condition, as attested to in writing by a practitioner. Where a
9 registered organization dispenses medical marihuana to a patient under
10 this subdivision, a copy of the attestation shall be provided to the
11 registered organization.
12 § 4. This act shall take effect immediately; provided that the amend-
13 ments to title 5-A of article 33 of the public health law made by this
14 act shall not affect the expiration and repeal of such title and shall
15 expire and be deemed repealed therewith.
