S02566 Summary:

BILL NOS02566B
 
SAME ASNo Same As
 
SPONSORCOONEY
 
COSPNSR
 
MLTSPNSR
 
Amd §§3, 30, 31, 32, 34, 37, 41 & 42, rpld §30 sub 4, add §32-a, Cannabis L; rpld Art 33-A, Pub Health L
 
Relates to the medical use of cannabis; provides medical cannabis patient reciprocity; repeals the controlled substances therapeutic research act.
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S02566 Actions:

BILL NOS02566B
 
01/23/2023REFERRED TO HEALTH
01/03/2024REFERRED TO HEALTH
05/20/2024AMEND (T) AND RECOMMIT TO HEALTH
05/20/2024PRINT NUMBER 2566A
06/03/2024AMEND (T) AND RECOMMIT TO HEALTH
06/03/2024PRINT NUMBER 2566B
06/06/2024COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/06/2024ORDERED TO THIRD READING CAL.1826
06/06/2024PASSED SENATE
06/06/2024DELIVERED TO ASSEMBLY
06/06/2024referred to economic development
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S02566 Committee Votes:

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S02566 Floor Votes:

There are no votes for this bill in this legislative session.
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S02566 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2566--B
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 23, 2023
                                       ___________
 
        Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health --  recommitted  to
          the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to  said committee -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN ACT to amend the cannabis law, in relation to medical  use  cannabis;
          to repeal certain provisions of  the  cannabis  law  relating  to  the
          prescription  monitoring  program;  and  to repeal article 33-A of the
          public  health  law  relating  to  the controlled substances therapeu-
          tic research act
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 44 and 45 of section 3 of the cannabis law are
     2  amended to read as follows:
     3    44.  ["Registry  application"  means an application properly completed
     4  and filed with the board by a certified patient under article  three  of
     5  this chapter.
     6    45.  "Registry  identification card"] "Registration" means [a document
     7  that identifies] identifying  information  of  a  certified  patient  or
     8  designated  caregiver that is electronically filed by a practitioner and
     9  confirmed by a registered organization or designated caregiver facility,
    10  as provided under this chapter and as determined by the board  in  regu-
    11  lation.
    12    45. "Registry application" means an application properly completed and
    13  filed  with  the office by a designated caregiver under article three of
    14  this chapter.
    15    § 2. Subdivision 4 of section 30 of the cannabis law is REPEALED.
    16    § 3. Subdivisions 5, 6, 7, 8, 9 and 10 of section 30 of  the  cannabis
    17  law are amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06534-03-4

        S. 2566--B                          2
 
     1    [5.] 4. The practitioner shall give the certification to the certified
     2  patient  or  the  certified  patient's designated caregiver, and place a
     3  copy in the patient's  health  care  record.  Such  certification  shall
     4  include  information sufficient for a registered organization to confirm
     5  that the certification is valid in accordance with section thirty-two of
     6  this  article  and  as  determined by the board in regulation. The board
     7  may, by rules and regulations,  establish  a  code,  including  but  not
     8  limited  to quick response (QR) code, for each practitioner to provide a
     9  certified patient or their designated caregiver with, to  present  to  a
    10  registered  organization  to obtain medical cannabis or medical cannabis
    11  products from a registered organization.
    12    [6.] 5. No practitioner shall issue a certification under this section
    13  for themselves.
    14    [7.] 6. A [registry identification  card  based  on  a]  certification
    15  shall  expire  [one  year] two years after the date the certification is
    16  signed by the practitioner, except as provided for in subdivision  eight
    17  of this section.
    18    [8.]  7.  (a) If the practitioner states in the certification that, in
    19  the practitioner's professional opinion, the patient would benefit  from
    20  medical cannabis only until a specified earlier date, then the [registry
    21  identification card] certification shall expire on that date; (b) if the
    22  practitioner  states  in  the  certification  that in the practitioner's
    23  professional opinion the patient is terminally ill and that the  certif-
    24  ication  shall  not  expire  until  the patient dies, then the [registry
    25  identification card] certification shall  [state]  include  a  statement
    26  that  the  patient  is  terminally  ill and that the [registration card]
    27  certification shall not expire until the patient dies; (c) if the  prac-
    28  titioner  re-issues  the certification to terminate the certification on
    29  an earlier date, then the [registry identification  card]  certification
    30  shall  expire  on  that  date  and such practitioner shall [be] promptly
    31  [destroyed by the certified patient] cancel the patient's certification;
    32  (d) if the certification so provides, the [registry identification card]
    33  certification shall state any recommendation or limitation by the  prac-
    34  titioner  as  to the form or forms of medical cannabis or dosage for the
    35  certified patient; [and] (e) a practitioner may  extend  the  expiration
    36  date  of a certification prior to the certification's expiration; (f) in
    37  the case where a certification has expired and the  practitioner  deter-
    38  mines  that the patient would benefit from medical cannabis, the certif-
    39  ication must be re-issued; and (g) the board shall make  regulations  to
    40  implement this subdivision.
    41    9. [(a) A certification may be a special certification if, in addition
    42  to  the  other requirements for a certification, the practitioner certi-
    43  fies in the certification that the patient's  condition  is  progressive
    44  and degenerative or that delay in the patient's certified medical use of
    45  cannabis poses a risk to the patient's life or health.
    46    (b)  The office shall create the form to be used for a special certif-
    47  ication and shall make that form available to  be  downloaded  from  the
    48  office's website.
    49    10.]  Prior  to issuing a certification a practitioner must complete[,
    50  at a minimum, a two-hour course] appropriate training as  determined  by
    51  the  board  in  regulation.  For the purposes of this article a person's
    52  status as a practitioner is deemed to be a "license" for the purposes of
    53  section thirty-three hundred ninety of the public health law  and  shall
    54  be subject to the same revocation process.
    55    §  4.  Subdivisions  1  and  2  of  section 31 of the cannabis law are
    56  amended to read as follows:

        S. 2566--B                          3
 
     1    1. the cannabis or concentrated cannabis that may be  possessed  by  a
     2  certified  patient shall not exceed the quantities authorized in section
     3  222.05 of the penal law or a sixty-day supply [of the dosage  determined
     4  by the practitioner], whichever is greater, consistent with any guidance
     5  and  regulations  issued  by  the  board[, provided that during the last
     6  seven days of any sixty-day  period,  the  certified  patient  may  also
     7  possess up to such amount for the next sixty-day period];
     8    2.  the  cannabis  or concentrated cannabis that may be possessed by a
     9  designated [caregivers does] caregiver shall not exceed  the  quantities
    10  [referred  to  in  subdivision  one  of  this section for each certified
    11  patient for whom the caregiver possesses a valid registry identification
    12  card, up to four certified patients] authorized in section 222.05 of the
    13  penal law or a sixty-day supply for the certified patient, whichever  is
    14  greater;
    15    § 5. Section 32 of the cannabis law is amended to read as follows:
    16    §  32.  [Registry  identification  cards]  Validating medical cannabis
    17  certifications. 1. [Upon approval of the] When presented with a  certif-
    18  ication from a practitioner, [the office] registered organizations shall
    19  [issue  registry  identification  cards  for] confirm certifications and
    20  government-issued photo identifications, pursuant to subdivision four of
    21  section thirty of this article, of  certified  patients  and  designated
    22  caregivers  upon  the  production of such documentation by the certified
    23  patient  or  designated  caregiver  as  determined  by  the   board   in
    24  regulation.  [A registry identification card shall expire as provided in
    25  this article or as otherwise provided in this section. The office  shall
    26  begin issuing registry identification cards as soon as practicable after
    27  the  certifications required by this chapter are granted. The office may
    28  specify a form for a registry application,  in  which  case  the  office
    29  shall  provide  the  form  on  request, reproductions of the form may be
    30  used, and the form shall be available for downloading from  the  board's
    31  or office's website.]
    32    2. [To obtain, amend or renew a registry identification card, a certi-
    33  fied  patient  or designated caregiver shall file a registry application
    34  with the office, unless otherwise exempted by the board  in  regulation.
    35  The registry application or renewal application shall include:
    36    (a) in the case of a certified patient:
    37    (i)  the patient's certification, a new written certification shall be
    38  provided with a renewal application if required by the office;
    39    (ii) the name, address, and date of birth of the patient;
    40    (iii) the date of the certification;
    41    (iv) if the patient has a registry  identification  card  based  on  a
    42  current  valid  certification,  the  registry  identification number and
    43  expiration date of that registry identification card;
    44    (v) the specified date until which  the  patient  would  benefit  from
    45  medical cannabis, if the certification states such a date;
    46    (vi) the name, address, and telephone number of the certifying practi-
    47  tioner;
    48    (vii)  any  recommendation or limitation by the practitioner as to the
    49  form or forms of medical cannabis or dosage for the certified patient;
    50    (viii) if the certified patient designates a designated caregiver, the
    51  name, address, and date of birth of the designated caregiver, and  other
    52  individual identifying information required by the board;
    53    (ix) if the designated caregiver is a cannabis research license holder
    54  under  this  chapter,  the  name  of  the  organization  conducting  the
    55  research, the address, phone number, name of the individual leading  the

        S. 2566--B                          4

     1  research  or  appropriate  designee,  and  other identifying information
     2  required by the board; and
     3    (x) other individual identifying information required by the office;
     4    (b) in the case of a designated caregiver:
     5    (i) the name, address, and date of birth of the designated caregiver;
     6    (ii)  if  the designated caregiver has a registry identification card,
     7  the registry identification number and expiration date of that  registry
     8  identification card; and
     9    (iii) other individual identifying information required by the office;
    10    (c)  a  statement  that  a  false statement made in the application is
    11  punishable under section 210.45 of the penal law;
    12    (d) the date of the application and the  signature  of  the  certified
    13  patient or designated caregiver, as the case may be;
    14    (e) any other requirements determined by the board.] Registered organ-
    15  izations  shall validate patient certifications and designated caregiver
    16  registrations in a manner determined by  the  office.    The  authorized
    17  representative  of a registered organization shall designate and author-
    18  ize specific employees to conduct the validation.
    19    (a) When dispensing medical cannabis, authorized registered  organiza-
    20  tion  employees  shall  not dispense any medical cannabis to a certified
    21  patient or a designated caregiver unless the certified patient or desig-
    22  nated caregiver  presents  to  the  authorized  registered  organization
    23  employee  a  valid certification from a practitioner and a valid govern-
    24  ment-issued photo identification, which the authorized registered organ-
    25  ization employee shall use to validate  that  such  person  is  eighteen
    26  years  of  age  or  older  and  capable  of consent as documented on the
    27  certification, provided that such valid  government-issued  photo  iden-
    28  tification  is  issued  by  the  commissioner of motor vehicles, a local
    29  government agency within the state, the federal government,  any  United
    30  States  territory, commonwealth or possession, the District of Columbia,
    31  a state government within the United States,  or  is  a  valid  passport
    32  issued  by  the  United States government or any other country, or is an
    33  identification card issued by the armed forces of the United States.
    34    (b) The authorized representative of the registered organization shall
    35  promptly notify the office  if  at  any  time  any  unauthorized  person
    36  accesses patient certification or designated caregiver data, if there is
    37  evidence of tampering or fraud, or any other circumstances as determined
    38  by the board in regulation.
    39    2-a. A certified patient may designate a caregiver. The designation of
    40  the  caregiver  and registration of the caregiver shall be determined by
    41  the board in regulation. The designated caregiver application or renewal
    42  application shall include:
    43    (a) the name, address, and date of birth of the designated  caregiver,
    44  and other individual identifying information required by the board;
    45    (b)  the  name and date of birth for each certified patient the desig-
    46  nated caregiver is designated to care for;
    47    (c) if the designated caregiver is a cannabis research license  holder
    48  under  this  chapter,  the  name  of  the  organization  conducting  the
    49  research, the address, phone number, name of the individual leading  the
    50  research  or  appropriate  designee,  and  other identifying information
    51  required by the board;
    52    (d) a statement that a false statement  made  in  the  application  is
    53  punishable under section 210.45 of the penal law;
    54    (e)  the date of the application and the signature, which may be elec-
    55  tronic, of the designated caregiver; and

        S. 2566--B                          5
 
     1    (f) upon approval of the designated caregiver application, the  office
     2  shall  provide  the  designated caregiver with a code, including but not
     3  limited to a quick response (QR) code,  that  the  designated  caregiver
     4  must  present  to  the  registered  organization  when obtaining medical
     5  cannabis product or products.
     6    3. Where a certified patient is under the age of eighteen or otherwise
     7  incapable of consent:
     8    (a)  The [application for a registry identification card shall be made
     9  by] certifying practitioner must obtain consent from the person [respon-
    10  sible for making] legally authorized to make health care decisions [for]
    11  on behalf of the patient for the use  of  medical  cannabis  product  or
    12  products and any device used for its administration.
    13    (b)  At least one designated caregiver is required to be provided upon
    14  certification of the patient. The designated caregiver shall be:  (i)  a
    15  parent  or legal guardian of the certified patient; (ii) a person desig-
    16  nated by a parent or legal guardian; (iii) an employee of  a  designated
    17  caregiver  facility,  including  a  cannabis research license holder; or
    18  (iv) an appropriate person approved by  the  office  upon  a  sufficient
    19  showing that no parent or legal guardian is appropriate or available.
    20    4.  No  person  may  be  a designated caregiver if the person is under
    21  [twenty-one] eighteen years of age unless a sufficient showing  is  made
    22  to  the  office that the person should be permitted to serve as a desig-
    23  nated caregiver. The requirements for such a showing shall be determined
    24  by the board.
    25    5. No person may be a designated caregiver for more than  four  certi-
    26  fied patients at one time; provided, however, that this limitation shall
    27  not  apply  to  a  designated  caregiver  facility, or cannabis research
    28  license holder as defined by this chapter.
    29    6. If a certified patient wishes to change or terminate [his  or  her]
    30  their  designated  caregiver, for whatever reason, the certified patient
    31  shall notify the office as soon as practicable. The office shall issue a
    32  notification in a manner determined by  the  office  to  the  designated
    33  caregiver  that their registration [card] is invalid and [must be] shall
    34  promptly [destroyed] remove  such  designated  caregiver's  registration
    35  from  the  registry. The newly designated caregiver must comply with all
    36  requirements set forth in this section.
    37    7. [If the certification so provides, the registry identification card
    38  shall contain any recommendation or limitation by the practitioner as to
    39  the form or forms of  medical  cannabis  or  dosage  for  the  certified
    40  patient.
    41    8.  The  office shall issue separate registry identification cards for
    42  certified patients and designated caregivers as soon as reasonably prac-
    43  ticable after receiving  a  complete  application  under  this  section,
    44  unless  it  determines  that  the application is incomplete or factually
    45  inaccurate, in which case it shall promptly notify the applicant.
    46    9. If the application of a certified patient designates an  individual
    47  as a designated caregiver who is not authorized to be a designated care-
    48  giver, that portion of the application shall be denied by the office but
    49  that shall not affect the approval of the balance of the application.
    50    10. A registry identification card shall:
    51    (a)  contain the name of the certified patient or the designated care-
    52  giver as the case may be;
    53    (b) contain the date of issuance and expiration date of  the  registry
    54  identification card;

        S. 2566--B                          6

     1    (c) contain a registry identification number for the certified patient
     2  or  designated  caregiver, as the case may be and a registry identifica-
     3  tion number;
     4    (d)  contain a photograph of the individual to whom the registry iden-
     5  tification card is being issued, which shall be obtained by  the  office
     6  in  a  manner  specified by the board in regulations; provided, however,
     7  that if the office requires certified patients to submit photographs for
     8  this purpose, there shall be a  reasonable  accommodation  of  certified
     9  patients who are confined to their homes due to their medical conditions
    10  and may therefore have difficulty procuring photographs;
    11    (e) be a secure document as determined by the board;
    12    (f) plainly state any recommendation or limitation by the practitioner
    13  as  to the form or forms of medical cannabis or dosage for the certified
    14  patient; and
    15    (g) any other requirements determined by the board.
    16    11.] A certified patient [or designated caregiver who has been  issued
    17  a  registry identification card shall notify the office of any change in
    18  his or her name or address or, with respect to the patient, if he or she
    19  ceases to have the condition noted on the certification within ten  days
    20  of such change. The certified patient's or designated caregiver's regis-
    21  try  identification  card  shall be deemed invalid and shall be promptly
    22  destroyed] shall notify their practitioner of any change in  their  name
    23  or  address  and the practitioner shall update the certification accord-
    24  ingly.
    25    [12. If a certified patient or designated caregiver loses his  or  her
    26  registry  identification  card, he or she shall notify the office within
    27  ten days of losing the card. The office shall issue a new registry iden-
    28  tification card as soon as practicable, which may contain a new registry
    29  identification number, to the certified patient or designated caregiver,
    30  as the case may be.
    31    13. The office shall maintain a confidential list of  the  persons  to
    32  whom it has issued registry identification cards. Individual identifying
    33  information obtained by the office under this article shall be confiden-
    34  tial and exempt from disclosure under article six of the public officers
    35  law.
    36    14.  The  board shall verify to law enforcement personnel in an appro-
    37  priate case whether a registry identification  card  is  valid  and  any
    38  other  relevant  information  necessary  to  protect patients' rights to
    39  medical cannabis by confirming compliance with this article.
    40    15.] 8. A designated caregiver who  has  been  issued  a  registration
    41  shall  notify  the  office  of  any change in their name or address in a
    42  manner determined by the office.
    43    9. If a certified patient or designated caregiver  willfully  violates
    44  any  provision  of this article as determined by the board, [his or her]
    45  their certification, and [registry identification card] in the  case  of
    46  the  designated  caregiver,  their  registration  may  be  suspended  or
    47  revoked. This [is] may be in addition to any other  penalty  that  [may]
    48  would apply.
    49    [16.  The  board  shall  make  regulations for special certifications,
    50  which shall include expedited  procedures  and  which  may  require  the
    51  applicant  to  submit additional documentation establishing the clinical
    52  basis for the special certification. If the board  has  not  established
    53  and made available a form for a registry application or renewal applica-
    54  tion,  then  in the case of a special certification, a registry applica-
    55  tion or renewal application that otherwise conforms  with  the  require-
    56  ments of this section shall not require the use of a form.]

        S. 2566--B                          7
 
     1    10.    Information  obtained by the office under this article shall be
     2  confidential and exempt from disclosure under article six of the  public
     3  officers law.
     4    11.  Any  practitioner or registered organization authorized represen-
     5  tative or employee who is  found  to  have  knowingly  and  fraudulently
     6  manipulated  certified  patient  or designated caregiver information, or
     7  whose knowing and negligent behavior or knowing actions directly related
     8  to their duties pursuant to this section results in a serious threat  to
     9  the health and safety of a certified patient or patients, is guilty of a
    10  class  A  misdemeanor.  In  the case that this misdemeanor complaint has
    11  been filed against a practitioner, the board or office may  additionally
    12  refer  any relevant internal findings to the department of health or the
    13  state  education  department  if  the  board  or  office  concludes  the
    14  violation may warrant professional disciplinary intervention.
    15    §  6. The cannabis law is amended by adding a new section 32-a to read
    16  as follows:
    17    § 32-a. Medical  cannabis  patient  reciprocity.  1.  Subject  to  the
    18  provisions  of  this  article and the rules and regulations of the board
    19  promulgated thereunder, medical  cannabis  patients  from  other  states
    20  within  the  United  States, United States territories, commonwealths or
    21  possessions, or the  District  of  Columbia  are  authorized  to  obtain
    22  medical  cannabis  or medical cannabis products from a registered organ-
    23  ization, provided such patient is  deemed  a  certified  patient  or  is
    24  registered  as  a medical cannabis patient in their home state or juris-
    25  diction and presents proof of such certification or registration  and  a
    26  valid  government-issued  photo identification to a registered organiza-
    27  tion. Such registered organization shall then validate such patient  and
    28  dispense  medical  cannabis pursuant to the procedures determined by the
    29  board in regulation.
    30    2. Medical cannabis patients from other states or jurisdictions of the
    31  United States who obtain medical cannabis from a registered organization
    32  in this state pursuant to subdivision one of this section  shall  comply
    33  with:
    34    (a)  all  provisions  of  this  chapter  and all rules and regulations
    35  promulgated thereunder; and
    36    (b) articles one hundred seventy-nine and two  hundred  twenty-two  of
    37  the penal law.
    38    3.  Certified  patients  in  New  York  shall  be authorized to obtain
    39  medical cannabis or medical cannabis  products  from  other  states  and
    40  jurisdictions  of  the United States in accordance with the requirements
    41  set forth by such state or other United States jurisdiction.
    42    § 7. Subdivision 4 of section 34 of the cannabis  law  is  amended  to
    43  read as follows:
    44    4.  (a)  A  registered organization may lawfully, in good faith, sell,
    45  deliver, distribute or dispense medical cannabis to a certified  patient
    46  or designated caregiver upon presentation to the registered organization
    47  of  a  valid  [registry  identification  card]  certification  and valid
    48  government-issued photo identification for  that  certified  patient  or
    49  designated  caregiver,  pursuant  to section thirty-two of this article.
    50  When presented with the [registry  identification  card]  certification,
    51  the  registered  organization  shall provide to the certified patient or
    52  designated caregiver a receipt, which may  be  electronic,  which  shall
    53  state:  the  name,  address,  and  registry identification number of the
    54  registered organization; the name and registry identification number  of
    55  the certified patient and the designated caregiver, if any; the date the
    56  cannabis was sold; [any recommendation or limitation by the practitioner

        S. 2566--B                          8

     1  as  to the form or forms of medical cannabis or dosage for the certified
     2  patient;] and the form and the quantity of medical  cannabis  sold.  The
     3  registered organization shall retain [a copy] any copies of [the] regis-
     4  try identification [card] cards used by certified patients or designated
     5  caregivers prior to the effective date of the chapter of the laws of two
     6  thousand twenty-four that amended this paragraph and the receipt for six
     7  years  following  the   effective date of the chapter of the laws of two
     8  thousand twenty-four that amended this paragraph  and  shall  make  such
     9  records available to the office upon request.
    10    (b) The proprietor of a registered organization shall file or cause to
    11  be  filed  any dispensing receipt and certification information with the
    12  office by electronic means on a  real-time  basis  as  the  board  shall
    13  require  by regulation. When filing dispensing receipt and certification
    14  information electronically pursuant to this paragraph, the proprietor of
    15  the registered organization shall dispose of any electronically recorded
    16  [prescription] information in such manner as the board  shall  by  regu-
    17  lation require.
    18    §  8. Paragraph (b) of subdivision 5 of section 34 of the cannabis law
    19  is amended to read as follows:
    20    (b) When dispensing medical cannabis to a certified patient or  desig-
    21  nated  caregiver,  the registered organization[: (i)] shall not dispense
    22  an amount greater than [a sixty-day supply to a certified patient  until
    23  the  certified patient has exhausted all but a seven day supply provided
    24  pursuant to a previously issued certification; and (ii) shall verify the
    25  information in subparagraph (i) of  this  paragraph  by  consulting  the
    26  prescription  monitoring  program registry under] the amounts authorized
    27  in section thirty-one of this article.
    28    § 9. Subdivision 3 of section 37 of the cannabis  law  is  amended  to
    29  read as follows:
    30    3.  The board shall [report every two years, beginning two years after
    31  the effective date of this article, to the governor and the  legislature
    32  on]  collect  data and publish information related to the medical use of
    33  cannabis under this article and make appropriate recommendations in  its
    34  annual report.
    35    § 10. Section 41 of the cannabis law is amended to read as follows:
    36    §  41.  Home  cultivation  of  medical cannabis. 1. Certified patients
    37  [twenty-one] eighteen years of age or older may cultivate  cannabis  for
    38  personal  medical  use. Designated caregivers twenty-one years of age or
    39  older, caring for certified  patients  either  younger  than  twenty-one
    40  years  of  age  or  whose physical or cognitive impairments prevent them
    41  from cultivating cannabis,  may  cultivate  cannabis  for  use  by  such
    42  patients,  provided  that no other caregiver is growing for said patient
    43  or patients. [All cultivation] Cultivation under this section  shall  be
    44  in  accordance  with section 222.15 of the penal law and any regulations
    45  made by the board, provided that the maximum number of cannabis plants a
    46  designated caregiver is authorized to grow is proportionately  increased
    47  for each patient they are growing for.
    48    2.  Nothing in this section shall be construed to permit any certified
    49  patient or designated caregiver to sell any cultivated cannabis produced
    50  by any cannabis plant which is or was cultivated for a certified patient
    51  pursuant to this section to any other  person,  even  if  the  certified
    52  patient  no  longer  needs  or  wants such cannabis; provided however, a
    53  certified patient or designated caregiver shall be  authorized  to  give
    54  such  cultivated  cannabis  to  another certified patient in the amounts
    55  authorized by section thirty-one of this article. Any certified  patient
    56  or  designated  caregiver  who  is  found  to be selling such cultivated

        S. 2566--B                          9

     1  cannabis for compensation or other remuneration may be  subject  to  any
     2  relevant penalties in this chapter, the penal law, and the tax law.
     3    §  11.  Subdivision  4 of section 42 of the cannabis law is amended to
     4  read as follows:
     5    4.  (a)  [Certification  applications]  Certifications,  certification
     6  forms[,]  and  any certified patient or designated caregiver information
     7  contained within a database[,  and  copies  of  registry  identification
     8  cards]  shall  be  deemed  exempt  from public disclosure under sections
     9  eighty-seven and eighty-nine of the public officers law.  Upon  specific
    10  request  by  a  certified patient to the office, the office shall verify
    11  the requesting patient's status as a  valid  certified  patient  to  the
    12  patient's  school  or  employer  or  other  designated  party, to ensure
    13  compliance with the protections afforded by this section.
    14    (b) The name, contact information, and other information  relating  to
    15  practitioners [registered with the board] certifying patients under this
    16  article  shall  be  public  information  and  shall be maintained on the
    17  board's website accessible to the public in searchable form. However, if
    18  a practitioner notifies the board in writing that [he or she does]  they
    19  do  not  want  [his  or her] their name and other information disclosed,
    20  that practitioner's name and other information shall thereafter  not  be
    21  public  information  or  maintained  on  the board's website, unless the
    22  practitioner cancels the request.
    23    § 12. Article 33-A of the public health law is REPEALED.
    24    § 13. The commissioner of health, the executive director of the office
    25  of cannabis management and  the  commissioner  of  education,  or  their
    26  designees,  shall  work  in  conjunction  to  expeditiously transfer any
    27  records, documents and papers of the controlled  substances  therapeutic
    28  research act and the Antonio G. Olivieri controlled substances therapeu-
    29  tic  research  program  repealed by section twelve of this act, from the
    30  department of health to the office of cannabis management and the  state
    31  archives prior to such repeal.
    32    §  14.  This act shall take effect immediately; provided, however that
    33  sections one, three, four, five, six, seven and ten of  this  act  shall
    34  take  effect  on the ninetieth day after it shall have become a law; and
    35  provided, further, that section twelve of this act shall take effect  on
    36  the  one  hundred  eightieth  day  after it shall have become a law; and
    37  provided, further, that sections two and eight of this  act  shall  take
    38  effect eighteen months after it shall have become a law.
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