STATE OF NEW YORK
________________________________________________________________________
1087
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to forms of marihuana
authorized for medical use
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 8 of section 3360 of the public health
2 law, as added by chapter 90 of the laws of 2014, are amended to read as
3 follows:
4 1. "Certified medical use" means the acquisition, possession, use, or,
5 transportation of medical marihuana by a certified patient, or the
6 acquisition, possession, delivery, transportation or administration of
7 medical marihuana by a designated caregiver, for use as part of the
8 treatment of the patient's serious condition, as authorized in a certif-
9 ication under this title including enabling the patient to tolerate
10 treatment for the serious condition. [A certified medical use does not
11 include smoking.]
12 8. "Medical marihuana" means marihuana as defined in subdivision twen-
13 ty-one of section thirty-three hundred two of this article, intended for
14 a certified medical use[, as determined by the commissioner in his or
15 her sole discretion. Any form of medical marihuana not approved by the
16 commissioner is expressly prohibited].
17 § 2. Subdivision 2 of section 3362 of the public health law, as added
18 by chapter 90 of laws of 2014, is amended to read as follows:
19 2. Notwithstanding subdivision one of this section:
20 (a) possession of medical marihuana shall not be lawful under this
21 title if it is smoked, consumed, vaporized, or grown in a public place,
22 regardless of the form of medical marihuana stated in the patient's
23 certification.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02158-01-7
S. 1087 2
1 (b) a person possessing medical marihuana under this title shall
2 possess his or her registry identification card at all times when in
3 immediate possession of medical marihuana.
4 (c) medical marihuana may not be smoked in any place where tobacco may
5 not be smoked under article thirteen-E of this chapter, regardless of
6 the form of medical marihuana stated in the patient's certification.
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.
