Add Art 33 Title 5-A SS3360 - 3369-c, amd S3343-a, Pub Health L; add Art 20-B S490, Tax L; amd S853, Gen Bus
L; amd S221.00, Pen L
Legalizes the possession, acquisition, use, delivery, transfer, transport or administration of medical marihuana by a certified patient or designated caregiver for a certified medical use; prescribes procedures for such possession, acquisition, etc. including certification of patients by their practitioner, and that, in the practitioner's professional judgment, the serious condition should be treated with the medical use of marihuana; provides that possession or acquisition of marihuana shall be lawful under these provisions provided that the marihuana possessed does not exceed a total aggregate weight of two and a half ounces; directs the department of health to monitor such use and promulgate rules and regulations for registry identification cards; provides for reports by the department of health to the governor and legislature on the medical use of marihuana.
STATE OF NEW YORK
________________________________________________________________________
4406--D
2013-2014 Regular Sessions
IN SENATE
March 26, 2013
___________
Introduced by Sens. SAVINO, ADDABBO, AVELLA, BRESLIN, CARLUCCI, DILAN,
ESPAILLAT, GIPSON, GRISANTI, HASSELL-THOMPSON, HOYLMAN, KENNEDY,
KLEIN, KRUEGER, MAZIARZ, MONTGOMERY, O'BRIEN, PARKER, PERALTA,
PERKINS, RIVERA, ROBACH, SAMPSON, SERRANO, SQUADRON, TKACZYK, VALESKY
-- read twice and ordered printed, and when printed to be committed to
the Committee on Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- 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 -- reported favorably from said commit-
tee and committed to the Committee on Finance -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- committee discharged and said bill committed to the
Committee on Rules -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, the tax law, the general business
law and the penal 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 medical use of controlled substances in
10 health care, including palliative care. This legislation establishes a
11 medical model of care which regulates medical marihuana as a recommended
12 medicine in keeping with recognized medical public health and safety
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01604-30-4
S. 4406--D 2
1 standards. This policy and this legislation do not in any way diminish
2 New York state's strong public policy and laws against illegal drug use,
3 nor should it be deemed in any manner to advocate, authorize, promote,
4 or legally or socially accept the use of marihuana for children or
5 adults, for any non-medical use. This legislation is an appropriate
6 exercise of the state's legislative power to protect the health of its
7 people under article 17 of the state constitution and the tenth amend-
8 ment of the United States constitution. Furthermore, the legislature
9 finds that New York state has a significant and ongoing economic and
10 non-regulatory interest in the financial viability of organizations that
11 sell marihuana for medical use. The legislature finds that the financial
12 viability of such organizations would be greatly diminished and threat-
13 ened by labor-management conflict, such as a strike at a facility that
14 cultivates marihuana, especially because of the need for enhanced secu-
15 rity concerning the products. Replacements during a strike would be
16 difficult to arrange and cause delay far more significant than a strike
17 elsewhere. Accordingly, the legislature finds that the state has a
18 substantial and compelling proprietary interest in this matter, and
19 finds that labor peace is essential for any organization to conduct
20 business relating to the sale of medical marihuana.
21 It is the legislative intent that this act be implemented consistently
22 with these findings and principles, through a reasonable and workable
23 system with appropriate oversight; strong "seed to sale" regulation to
24 prevent diversion, abuse, and other illegal conduct; reasonable access
25 to and appropriate use of medical marihuana by certified patients; eval-
26 uation; and continuing research.
27 § 2. Article 33 of the public health law is amended by adding a new
28 title 5-A to read as follows:
29 TITLE V-A
30 MEDICAL USE OF MARIHUANA
31 Section 3360. Definitions.
32 3361. Certification of patients.
33 3362. Lawful medical use.
34 3363. Registry identification cards.
35 3364. Registered organizations.
36 3365. Registering of registered organizations.
37 3366. Expedited registration of registered organizations.
38 3367. Reports by registered organizations.
39 3368. Evaluation; research programs; report by department.
40 3369. Relation to other laws.
41 3369-a. Protections for the medical use of marihuana.
42 3369-b. Regulations.
43 3369-c. Severability.
44 § 3360. Definitions. As used in this title, the following terms shall
45 have the following meanings, unless the context clearly requires other-
46 wise:
47 1. "Certified medical use" means the acquisition, possession, use,
48 delivery, transfer, transportation, or administration of medical mari-
49 huana by a certified patient or designated caregiver for use as part of
50 the treatment of the patient's serious condition specified in a certif-
51 ication under this title, including enabling the patient to tolerate
52 treatment for the serious condition.
53 2. "Caring for" means treating or counseling a patient, in the course
54 of which the practitioner has completed a full assessment of the
55 patient's medical history and current medical condition.
S. 4406--D 3
1 3. "Certified patient" means a patient who is certified under section
2 thirty-three hundred sixty-one of this title.
3 4. "Certification" means a certification, made under section thirty-
4 three hundred sixty-one of this title.
5 5. "Designated caregiver" means the individual designated by a certi-
6 fied patient in a registry application.
7 6. "Public place" means a public place as defined in section 240.00 of
8 the penal law, a motor vehicle as defined in section one hundred twen-
9 ty-five of the vehicle and traffic law, an aircraft as defined in
10 section two hundred forty of the general business law or a vessel as
11 defined in section two of the navigation law.
12 7. "Serious condition" means a severe debilitating or life-threatening
13 condition, including: cancer, positive status for human immunodeficiency
14 virus or acquired immune deficiency syndrome, amyotrophic lateral scler-
15 osis, Alzheimer's disease, muscular dystrophy, traumatic brain injury,
16 dystonia, Parkinson's disease, multiple sclerosis, damage to the nervous
17 tissue of the spinal cord with objective neurological indication of
18 intractable spasticity, epilepsy, wasting syndrome, Crohn's disease,
19 post-traumatic stress disorder, neuropathy, rheumatoid arthritis, and
20 Huntington's disease, or a condition associated with or a complication
21 of such a condition or its treatment, or any other condition that is
22 added by the commissioner.
23 8. "Medical marihuana" means marihuana as defined in subdivision twen-
24 ty-one of section thirty-three hundred two of this article intended for
25 a certified medical use, which may include, but is not limited to, forms
26 that are extracts, vaporizable material, or products that are infused or
27 combined with marihuana, but specifically excludes confections, carbo-
28 nated beverages, and products that are marketed towards minor children;
29 subject to regulations of the commissioner.
30 9. "Registered organization" means a registered organization under
31 sections thirty-three hundred sixty-four and thirty-three hundred
32 sixty-five of this title.
33 10. "Registry application" means an application properly completed and
34 filed with the department by a certified patient under section thirty-
35 three hundred sixty-three of this title.
36 11. "Registry identification card" means a document that identifies a
37 certified patient or designated caregiver, as provided under section
38 thirty-three hundred sixty-three of this title.
39 12. "Practitioner" means a practitioner who is a physician, physician
40 assistant under the supervision of a physician, or nurse practitioner,
41 acting within the practitioner's lawful scope of practice.
42 13. "Terminally ill" means an individual has a medical prognosis that
43 the individual's life expectancy is approximately one year or less if
44 the illness runs its normal course.
45 14. "Labor peace agreement" means an agreement between an entity and a
46 labor organization that, at a minimum, protects the state's proprietary
47 interests by prohibiting labor organizations and members from engaging
48 in picketing, work stoppages, boycotts, and any other economic interfer-
49 ence with the registered organization's business.
50 15. "Individual dose" means a single measure of raw medical marihuana
51 or non-infused concentrates to be determined and clearly identified by a
52 patient's practitioner for the patient's specific certified condition.
53 For ingestible or sub-lingual medical marihuana products, no individual
54 dose may contain more than ten milligrams of tetrahydracanabinol.
55 16. "Special certification" means a special certification made under
56 subdivision six of section thirty-three hundred sixty-one of this title.
S. 4406--D 4
1 17. "Form of medical marihuana" means characteristics of the medical
2 marihuana recommended or limited for a particular certified patient,
3 including the method of consumption and any particular strain, variety,
4 and quantity or percentage of marihuana or particular active ingredient.
5 § 3361. Certification of patients. 1. A patient certification may only
6 be issued if a practitioner, who is caring for the patient for a serious
7 condition, and who by training or experience is qualified to treat the
8 serious condition, certifies that: (a) the patient has a serious condi-
9 tion, which shall be specified in the patient's health care record; (b)
10 the patient is under the practitioner's care for the serious condition;
11 and (c) in the practitioner's professional opinion, the patient is like-
12 ly to receive therapeutic or palliative benefit from the primary or
13 adjunctive treatment with medical use of marihuana for the serious
14 condition.
15 2. The certification shall be in writing and include (a) the name,
16 date of birth and address of the patient; (b) a statement that the
17 patient has a serious condition; the patient is under the practitioner's
18 care for the serious condition and, in the practitioner's professional
19 opinion, the patient is likely to receive therapeutic or palliative
20 benefit from the primary or adjunctive treatment with medical use of
21 marihuana for the serious condition, and any specification or limitation
22 of the form of medical marihuana recommended; (c) the date; and (d) the
23 name, address, federal registration number, telephone number, and the
24 handwritten signature of the certifying practitioner. The commissioner
25 may require by regulation that the certification shall be on a form
26 provided by the department if the commissioner determines that the
27 department is making certification forms adequately available. The prac-
28 titioner may state in the certification that, in the practitioner's
29 professional opinion the patient would benefit from medical marihuana
30 only until a specified date. The practitioner may state in the certif-
31 ication that, in the practitioner's professional opinion the patient is
32 terminally ill and that the certification shall not expire until the
33 patient dies.
34 3. In making a certification, the practitioner shall consider the form
35 of medical marihuana the patient should consume, including the method of
36 consumption and any particular strain, variety, and quantity or percent-
37 age of marihuana or particular active ingredient, and appropriate
38 dosage. The practitioner shall state in the certification any recommen-
39 dation or limitation the practitioner makes, in his or her professional
40 opinion, concerning the appropriate form or forms of medical marihuana
41 and dosage, including any specification of an amount greater or less
42 than two ounces of marihuana per thirty day period if clinically appro-
43 priate in the practitioner's professional opinion, for the certified
44 patient.
45 4. The practitioner shall give the certification to the certified
46 patient, and place a copy in the patient's health care record.
47 5. No practitioner shall issue a certification under this section for
48 himself or herself.
49 6. A registry identification card based on a certification shall
50 expire one year after the date the certification is signed by the prac-
51 titioner; except that where a certified patient has a registry identifi-
52 cation card based on a current valid certification, a new registry iden-
53 tification card based on a new certification shall expire one year after
54 the expiration of the registry identification card based on the current
55 valid certification. However,
S. 4406--D 5
1 (a) if the practitioner states in the certification that, in the prac-
2 titioner's professional opinion, the patient would benefit from medical
3 marihuana only until a specified earlier date, then the registry iden-
4 tification card shall expire on that date;
5 (b) if the practitioner states in the certification that in the prac-
6 titioner's professional opinion the patient is terminally ill and that
7 the certification shall not expire until the patient dies, then the
8 registry identification card shall state that the patient is terminally
9 ill and that the registration card shall not expire until the patient
10 dies;
11 (c) if the practitioner re-issues the certification to terminate the
12 certification on an earlier date, then the registry identification card
13 shall expire on that date and shall be promptly returned by the certi-
14 fied patient to the department; and
15 (d) if the certification so provides, the registry identification card
16 shall state any recommendation or limitation by the practitioner as to
17 the form or forms of medical marihuana or dosage for the certified
18 patient.
19 7. (a) A certification may be a special certification if, in addition
20 to the other requirements for a certification, the practitioner certi-
21 fies in the certification that the patient's serious condition is
22 progressive and degenerative or that delay in the patient's certified
23 medical use of marihuana poses a serious risk to the patient's life or
24 health.
25 (b) The department shall create the form to be used for a special
26 certification and shall make that form available to be downloaded from
27 the department's website.
28 § 3362. Lawful medical use. 1. The possession, acquisition, use,
29 delivery, transfer, transportation, or administration of medical mari-
30 huana by a certified patient or designated caregiver possessing a valid
31 registry identification card, for certified medical use, shall be lawful
32 under this title; provided that:
33 (a) the marihuana that may be possessed by a certified patient does
34 not exceed a total weight of two ounces of marihuana per thirty day
35 period, or a greater or lesser amount specified by the practitioner in
36 the certification; provided that during the last seven days of the thir-
37 ty day period, the certified patient may also possess up to such amount
38 for the next thirty day period; and
39 (b) the marihuana that may be possessed by a designated caregiver does
40 not exceed the quantities referred to in paragraph (a) of this subdivi-
41 sion for each certified patient for whom the caregiver possesses a valid
42 registry identification card, up to five certified patients; and
43 (c) the form or forms of medical marihuana that may be possessed by
44 the certified patient or designated caregiver pursuant to a certif-
45 ication shall be in compliance with any recommendation or limitation by
46 the practitioner as to the form or forms of medical marihuana or dosage
47 for the certified patient in the certification; and
48 (d) the medical marihuana shall be kept in the original package in
49 which it was dispensed under subdivision ten of section thirty-three
50 hundred sixty-four of this title, except for the portion removed for
51 immediate consumption for certified medical use by the certified
52 patient.
53 2. Notwithstanding subdivision one of this section:
54 (a) possession of medical marihuana shall not be lawful under this
55 title if it is smoked in a public place, regardless of the form of
56 medical marihuana stated in the patient's certification;
S. 4406--D 6
1 (b) medical marihuana may not be smoked in any place where tobacco may
2 not be smoked under article thirteen-E of this chapter, regardless of
3 the form of medical marihuana stated in the patient's certification;
4 (c) medical marihuana may not be smoked by anyone under the age of
5 twenty-one. This shall not preclude the use of any vaporized medical
6 marihuana; and
7 (d) a person possessing medical marihuana under this title shall
8 possess his or her registry identification card at all times when in
9 immediate possession of medical marihuana.
10 § 3363. Registry identification cards. 1. Upon approval of the
11 certification, the department shall issue registry identification cards
12 for certified patients and designated caregivers. A registry identifica-
13 tion card shall expire as provided in section thirty-three hundred
14 sixty-one of this title or as otherwise provided in this section. The
15 department shall begin issuing registry identification cards as soon as
16 practicable, and no later than one year, after the effective date of
17 this section. The department may specify a form for a registry applica-
18 tion, in which case the department shall provide the form on request,
19 reproductions of the form may be used, and the form shall be available
20 for downloading from the department's website.
21 2. To obtain, amend or renew a registry identification card, a certi-
22 fied patient or designated caregiver shall file a registry application
23 with the department. The registry application or renewal application
24 shall include:
25 (a) in the case of a certified patient, the original patient's certif-
26 ication (a new written certification shall be provided with a renewal
27 application);
28 (b) in the case of a certified patient,
29 (i) the name, address, and date of birth of the patient;
30 (ii) the date of the certification;
31 (iii) if the patient has a registry identification card based on a
32 current valid certification, the registry identification number and
33 expiration date of that registry identification card;
34 (iv) the specified date until which the patient would benefit from
35 medical marihuana, if the certification states such a date;
36 (v) the name, address, federal registration number, and telephone
37 number of the certifying practitioner;
38 (vi) any recommendation or limitation by the practitioner as to the
39 form or forms of medical marihuana or dosage for the certified patient;
40 and
41 (vii) other individual identifying information required by the depart-
42 ment;
43 (c) in the case of a certified patient, if the patient designates a
44 designated caregiver, the name, address, and date of birth of the desig-
45 nated caregiver, and other individual identifying information required
46 by the department; a certified patient may designate up to two desig-
47 nated caregivers;
48 (d) in the case of a designated caregiver,
49 (i) the name, address, and date of birth of the designated caregiver;
50 (ii) if the designated caregiver has a registry identification card,
51 the registry identification number and expiration date of that registry
52 identification card; and
53 (iii) other individual identifying information required by the depart-
54 ment;
55 (e) a statement that a false statement made in the application is
56 punishable under section 210.45 of the penal law;
S. 4406--D 7
1 (f) the date of the application and the signature of the certified
2 patient or designated caregiver, as the case may be; and
3 (g) a reasonable application fee, as determined by the department;
4 provided, that the department may waive or reduce the fee in cases of
5 financial hardship.
6 3. If the department has not established and made available a form for
7 a registry application or renewal application and determined the appli-
8 cation fee if any, or established and made available a form for a regis-
9 try application or renewal application and determined the application
10 fee for a special certification, then in the case of a special certif-
11 ication, a registry application or renewal application that otherwise
12 conforms with the requirements of this section shall not require the use
13 of a form or the payment of an application fee.
14 4. Where an applicant chooses to apply under the provisions of this
15 title relating to a special certification, regulations under this
16 section may require the applicant to submit additional documentation
17 establishing the clinical basis for the special certification.
18 5. Where a certified patient is under the age of eighteen:
19 (a) The application for a registry identification card shall be made
20 by an appropriate person over twenty-one years of age. The application
21 shall state facts demonstrating that the person is appropriate.
22 (b) The designated caregiver shall be (i) a parent or legal guardian
23 of the certified patient, (ii) a person designated by a parent or legal
24 guardian, or (iii) an appropriate person approved by the department upon
25 a sufficient showing that no parent or legal guardian is appropriate or
26 available.
27 6. No person may be a designated caregiver if the person is under
28 twenty-one years of age unless a sufficient showing is made to the
29 department that the person should be permitted to serve as a designated
30 caregiver.
31 7. No person may be a designated caregiver for more than five certi-
32 fied patients at one time.
33 8. The department shall issue separate registry identification cards
34 for certified patients and designated caregivers within thirty days of
35 receiving a complete application under this section, unless it deter-
36 mines that the application is incomplete or facially inaccurate, in
37 which case it shall promptly notify the applicant.
38 9. If the application of a certified patient designates an individual
39 as a designated caregiver who is not authorized to be a designated care-
40 giver, that portion of the application shall be denied by the department
41 but that shall not affect the approval of the balance of the applica-
42 tion.
43 10. A registry identification card shall:
44 (a) contain the name of the certified patient or the designated care-
45 giver as the case may be;
46 (b) contain the date of issuance and expiration date of the registry
47 identification card;
48 (c) contain a registry identification number for the certified patient
49 or designated caregiver, as the case may be and a registry identifica-
50 tion number;
51 (d) contain a photograph of the individual to whom the registry iden-
52 tification card is being issued, which shall be obtained by the depart-
53 ment in a manner specified by the commissioner in regulations; provided,
54 however, that if the department requires certified patients to submit
55 photographs for this purpose, there shall be a reasonable accommodation
56 of certified patients who are confined to their homes due to their
S. 4406--D 8
1 medical conditions and may therefore have difficulty procuring photo-
2 graphs;
3 (e) be a secure document; and
4 (f) plainly state any recommendation or limitation by the practitioner
5 as to the form or forms of medical marihuana or dosage for the certified
6 patient.
7 11. A certified patient or designated caregiver who has been issued a
8 registry identification card shall notify the department of any change
9 in his or her name or address or, with respect to the patient, or if he
10 or she ceases to have the serious condition noted on the certification
11 within ten days of such change.
12 12. If a certified patient or designated caregiver loses his or her
13 registry identification card, he or she shall notify the department and
14 submit a ten dollar fee within ten days of losing the card to maintain
15 the registration. The department may establish higher fees for issuing
16 a new registry identification card for second and subsequent replace-
17 ments for a lost card, provided, that the department may waive or reduce
18 the fee in cases of financial hardship. Within five days after such
19 notification and payment, the department shall issue a new registry
20 identification card, which may contain a new registry identification
21 number, to the certified patient or designated caregiver, as the case
22 may be.
23 13. The department shall maintain a confidential list of the persons
24 to whom it has issued registry identification cards. Individual identi-
25 fying information obtained by the department under this title shall be
26 confidential and exempt from disclosure under article six of the public
27 officers law. Notwithstanding this subdivision, the department may noti-
28 fy any appropriate law enforcement agency of information relating to any
29 violation or suspected violation of this title.
30 14. The department shall verify to law enforcement personnel in an
31 appropriate case whether a registry identification card is valid.
32 15. If a certified patient or designated caregiver willfully violates
33 any provision of this title as determined by the department, his or her
34 registry identification card may be suspended or revoked. This is in
35 addition to any other penalty that may apply.
36 16. (a) As used in this subdivision, the "registry implementation
37 date" is the date determined by the commissioner when the department is
38 ready to receive and expeditiously act on applications for registry
39 identification cards under this section.
40 (b) This paragraph shall apply on and after the registry implementa-
41 tion date, and shall apply before the registry implementation date in
42 the case of a special certification. Upon receipt of an application for
43 a registry identification card, the department shall send to the appli-
44 cant a letter acknowledging such receipt. While the application for a
45 registry identification card is pending, a copy of the registry applica-
46 tion, together with a copy of the certification (in the case of a certi-
47 fied patient) and a copy of the letter of receipt from the department,
48 shall serve as and have the same effect as a registry identification
49 card for the certified patient or designated caregiver, provided that a
50 certification and application shall not serve as a valid registry iden-
51 tification card after the initial thirty day period under subdivision
52 seven of this section.
53 § 3364. Registered organizations. 1. A registered organization shall
54 be a for-profit business entity or not-for-profit corporation organized
55 for the purpose of acquiring, possessing, manufacturing, selling, deliv-
S. 4406--D 9
1 ering, transporting, distributing or dispensing marihuana for certified
2 medical use.
3 2. The acquiring, possession, manufacture, sale, delivery, transport-
4 ing, distributing or dispensing of marihuana by a registered organiza-
5 tion under this title in accordance with its registration under section
6 thirty-three hundred sixty-five of this title or a renewal thereof shall
7 be lawful under this title. A registered organization may transfer
8 possession of marihuana to, and may recover possession of it from, an
9 entity licensed by the department under section thirty-three hundred
10 twenty-four of this article for purposes of chemical analysis.
11 3. (a) A registered organization may lawfully, in good faith, sell,
12 deliver, distribute or dispense medical marihuana to a certified patient
13 or designated caregiver upon presentation to the registered organization
14 of a valid registry identification card for that certified patient or
15 designated caregiver. When presented with the registry identification
16 card, the registered organization shall provide to the certified patient
17 or designated caregiver a receipt, which shall state: the name, address,
18 and registry identification number of the registered organization; the
19 name and registry identification number of the certified patient and the
20 designated caregiver (if any); the date the marihuana was sold; any
21 recommendation or limitation by the practitioner as to the form or forms
22 of medical marihuana or dosage for the certified patient; and the form
23 and the quantity of medical marihuana sold. The registered organization
24 shall retain a copy of the registry identification card and the receipt
25 for six years.
26 (b) The registered organization shall report to the department, under
27 sections thirty-three hundred thirty-three and thirty-three hundred
28 forty-three-a of this article, the information required to be included
29 in the receipt under this subdivision.
30 4. (a) No registered organization may sell, deliver, distribute or
31 dispense to any certified patient or designated caregiver a quantity of
32 medical marihuana larger than that individual would be allowed to
33 possess under this title.
34 (b) When dispensing medical marihuana to a certified patient or desig-
35 nated caregiver, the registered organization (i) shall not dispense an
36 amount such that the certified patient will have been dispensed more
37 than two ounces (or such greater or lesser amount as specified in the
38 certification) of medical marihuana in the previous thirty days, count-
39 ing the amount being dispensed, from all registered organizations;
40 provided that during the last seven days of the thirty day period, the
41 certified patient may also be dispensed up to such amount for the next
42 thirty day period, and (ii) shall verify the foregoing by consulting the
43 prescription monitoring program registry under section thirty-three
44 hundred forty-three-a of this article.
45 (c) Medical marihuana dispensed to a certified patient or designated
46 caregiver by a registered organization shall conform to any recommenda-
47 tion or limitation by the practitioner as to the form or forms of
48 medical marihuana or dosage for the certified patient.
49 5. When a registered organization sells, delivers, distributes or
50 dispenses medical marihuana to a certified patient or designated care-
51 giver, it shall provide to that individual a safety insert, which will
52 be developed and approved by the commissioner and include, but not be
53 limited to, information on:
54 (a) methods for administering medical marihuana in individual doses,
55 (b) any potential dangers stemming from the use of medical marihuana,
56 and
S. 4406--D 10
1 (c) how to recognize what may be problematic usage of medical marihua-
2 na and obtain appropriate services or treatment for problematic usage.
3 6. Registered organizations shall not employ anyone who has been
4 convicted of any felony of sale or possession of drugs, narcotics, or
5 controlled substances; provided that this subdivision only applies to
6 (a) employees who come into contact with or handle medical marihuana,
7 and (b) a conviction less than ten years (not counting time spent in
8 incarceration) prior to being employed, for which the person has not
9 received a certificate of relief from disabilities or a certificate of
10 good conduct under article twenty-three of the correction law.
11 7. Manufacturing of medical marihuana by a registered organization
12 shall only be done in an indoor, enclosed, secure facility, which may
13 include a greenhouse.
14 8. A registered organization shall determine the quality, safety, and
15 clinical strength of medical marihuana manufactured or dispensed by the
16 registered organization, and shall provide documentation of that quali-
17 ty, safety and clinical strength to the department and to any person or
18 entity to which the medical marihuana is sold or dispensed.
19 9. A registered organization shall be deemed to be a "health care
20 provider" for the purposes of title two-D of article two of this chap-
21 ter.
22 10. Medical marihuana shall be dispensed to a certified patient or
23 designated caregiver in a sealed and properly labeled package. The
24 labeling shall contain: (a) the information required to be included in
25 the receipt provided to the certified patient or designated caregiver by
26 the registered organization; (b) the packaging date; (c) any applicable
27 date by which the medical marihuana should be used; (d) a warning stat-
28 ing, "This product is for medicinal use only. Women should not consume
29 during pregnancy or while breastfeeding except on the advice of the
30 certifying health care practitioner, and in the case of breastfeeding
31 mothers, including the infant's pediatrician. This product might impair
32 the ability to drive. Keep out of reach of children."; and (e) the
33 amount of individual doses contained within.
34 § 3365. Registering of registered organizations. 1. Application for
35 initial registration. (a) An applicant for registration as a registered
36 organization under section thirty-three hundred sixty-four of this title
37 shall furnish to the department a description of the activities in which
38 it intends to engage as a registered organization and any information
39 the department shall reasonably require and evidence that the applicant:
40 (i) and its managing officers are of good moral character;
41 (ii) possesses or has the right to use sufficient land, buildings, and
42 other premises (which shall be specified in the application) and equip-
43 ment to properly carry on the activity described in the application, or
44 in the alternative posts a bond of not less than two million dollars;
45 (iii) is able to maintain effective security and control to prevent
46 diversion, abuse, and other illegal conduct relating to the marihuana;
47 (iv) is able to comply with all applicable state laws and regulations
48 relating to the activities in which it intends to engage under the
49 registration; and
50 (v) has entered into a labor peace agreement with a bona-fide labor
51 organization that is actively engaged in representing or attempting to
52 represent the applicant's employees. The maintenance of such a labor
53 peace agreement shall be an ongoing material condition of certification.
54 (b) The application shall establish the applicant's status under para-
55 graph (a) or (b) of subdivision one of section thirty-three hundred
56 sixty-four of this title.
S. 4406--D 11
1 (c) The application shall include the name, residence address and
2 title of each of the officers and directors and the name and residence
3 address of any person or entity that is a member of the applicant. Each
4 such person, if an individual, or lawful representative if a legal enti-
5 ty, shall submit an affidavit with the application setting forth:
6 (i) any position of management or ownership during the preceding ten
7 years of a ten per centum or greater interest in any other business,
8 located in or outside this state, manufacturing or distributing drugs;
9 (ii) whether such person or any such business has been convicted of a
10 felony or had a registration or license suspended or revoked in any
11 administrative or judicial proceeding; and
12 (iii) such other information as the commissioner may reasonably
13 require.
14 (d) The applicant shall be under a continuing duty to report to the
15 department any change in facts or circumstances reflected in the appli-
16 cation or any newly discovered or occurring fact or circumstance which
17 is required to be included in the application.
18 (e) In reviewing applications, the department shall give additional
19 consideration to applicants that utilize a vertical integration model.
20 For purposes of this title, a vertical integration model shall be one in
21 which a registered organization possesses licenses for both production
22 and dispensing.
23 2. Granting of registration. (a) The commissioner shall grant a regis-
24 tration or amendment to a registration under this section if he or she
25 is satisfied that:
26 (i) the applicant will be able to maintain effective control against
27 diversion of marihuana;
28 (ii) the applicant will be able to comply with all applicable state
29 laws;
30 (iii) the applicant and its officers are ready, willing and able to
31 properly carry on the manufacturing or distributing activity for which a
32 registration is sought;
33 (iv) the applicant possesses or has the right to use sufficient land,
34 buildings and equipment to properly carry on the activity described in
35 the application;
36 (v) it is in the public interest that such registration be granted;
37 the commissioner may consider whether the number of registered organiza-
38 tions in an area will be adequate or excessive to reasonably serve the
39 area;
40 (vi) the applicant and its managing officers are of good moral charac-
41 ter; and
42 (vii) the applicant has entered into a labor peace agreement with a
43 bona-fide labor organization that is actively engaged in representing or
44 attempting to represent the applicant's employees.
45 (b) If the commissioner is not satisfied that the applicant should be
46 issued a registration, he or she shall notify the applicant in writing
47 of those factors upon which further evidence is required. Within thirty
48 days of the receipt of such notification, the applicant may submit addi-
49 tional material to the commissioner or demand a hearing, or both.
50 (c) The fee for a registration under this section shall be a reason-
51 able amount determined by the department in regulations; provided,
52 however, if the registration is issued for a period greater than two
53 years the fee shall be increased, pro rata, for each additional month of
54 validity.
55 (d) Registrations issued under this section shall be effective only
56 for and shall specify:
S. 4406--D 12
1 (i) the name and address of the registered organization;
2 (ii) which activities of a registered organization are permitted by
3 the registration;
4 (iii) the land, buildings and facilities that may be used for the
5 permitted activities of the registered organization; and
6 (iv) such other matters as the commissioner shall reasonably provide
7 to assure compliance with this title.
8 (e) Upon application of a registered organization, a registration may
9 be amended to allow the registered organization to relocate within the
10 state or to add or delete permitted registered organization activities
11 or facilities. The fee for such amendment shall be two hundred fifty
12 dollars.
13 3. A registration issued under this section shall be valid for two
14 years from the date of issue, except that in order to facilitate the
15 renewals of such registrations, the commissioner may upon the initial
16 application for a registration, issue some registrations which may
17 remain valid for a period of time greater than two years but not exceed-
18 ing an additional eleven months.
19 4. Applications for renewal of registrations. (a) An application for
20 the renewal of any registration issued under this section shall be filed
21 with the department not more than six months nor less than four months
22 prior to the expiration thereof. A late-filed application for the
23 renewal of a registration may, in the discretion of the commissioner, be
24 treated as an application for an initial license.
25 (b) The application for renewal shall include such information
26 prepared in the manner and detail as the commissioner may require,
27 including but not limited to:
28 (i) any material change in the circumstances or factors listed in
29 subdivision one of this section; and
30 (ii) every known charge or investigation, pending or concluded during
31 the period of the registration, by any governmental agency with respect
32 to:
33 (A) each incident or alleged incident involving the theft, loss, or
34 possible diversion of marihuana manufactured or distributed by the
35 applicant; and
36 (B) compliance by the applicant with the laws of the state with
37 respect to any substance listed in section thirty-three hundred six of
38 this article.
39 (c) An applicant for renewal shall be under a continuing duty to
40 report to the department any change in facts or circumstances reflected
41 in the application or any newly discovered or occurring fact or circum-
42 stance which is required to be included in the application.
43 (d) If the commissioner is not satisfied that the applicant is enti-
44 tled to a renewal of the registration, he or she shall within forty-five
45 days after the filing of the application serve upon the applicant or his
46 or her attorney of record in person or by registered or certified mail
47 an order directing the applicant to show cause why his or her applica-
48 tion for renewal should not be denied. The order shall specify in detail
49 the respects in which the applicant has not satisfied the commissioner
50 that the registration should be renewed.
51 (e) Within thirty days of service of such order, the applicant may
52 submit additional material to the commissioner or demand a hearing or
53 both. If a hearing is demanded the commissioner shall fix a date for
54 hearing not sooner than fifteen days nor later than thirty days after
55 receipt of the demand, unless such time limitation is waived by the
56 applicant.
S. 4406--D 13
1 5. Granting of renewal of registrations. (a) The commissioner shall
2 renew a registration unless he or she determines and finds that:
3 (i) the applicant is unlikely to maintain or be able to maintain
4 effective control against diversion; or
5 (ii) the applicant is unlikely to comply with all state laws applica-
6 ble to the activities in which it may engage under the registration;
7 (iii) it is not in the public interest to renew the registration
8 because the number of registered organizations in an area is excessive
9 to reasonably serve the area; or
10 (iv) the applicant has either violated or terminated its labor peace
11 agreement.
12 (b) For purposes of this section, proof that a registered organiza-
13 tion, during the period of its registration, has failed to maintain
14 effective control against diversion or has knowingly or negligently
15 failed to comply with applicable state laws relating to the activities
16 in which it engages under the registration, shall constitute substantial
17 evidence that the applicant will be unlikely to maintain effective
18 control against diversion or will be unlikely to comply with the appli-
19 cable state statutes during the period of proposed renewal.
20 6. The department may suspend or terminate the registration of a
21 registered organization, on grounds and using procedures under this
22 article relating to a license, to the extent consistent with this title.
23 The department shall suspend or terminate the registration in the event
24 that a registered organization violates or terminates the applicable
25 labor peace agreement. Conduct in compliance with this title, but which
26 may violate conflicting federal law, shall not be grounds to suspend or
27 terminate a registration.
28 7. A registered organization is entitled to all of the rights,
29 protections, and procedures provided to a licensee under this article.
30 8. The department shall begin issuing registrations for registered
31 organizations no later than one year after the effective date of this
32 section.
33 9. The commissioner shall determine the appropriate number of regis-
34 tered organizations and facilities to promote reasonable access to
35 medical marihuana in the interest of certified patients and the public.
36 During the first two years after this title takes effect, the commis-
37 sioner shall register no more than twenty registered organizations that
38 manufacture medical marihuana.
39 § 3366. Expedited registration of registered organizations. 1. The
40 purpose of this section is to expedite the availability of medical mari-
41 huana to avoid suffering and loss of life, during the period before full
42 implementation of and production under this title, especially in the
43 case of patients whose serious condition is progressive and degenerative
44 or is such that delay in the patient's medical use of marihuana poses a
45 serious risk to the patient's life or health. The commissioner shall
46 implement this section as expeditiously as practicable, including by
47 emergency regulation.
48 2. The department shall begin accepting and acting on applications
49 under this section for registered organizations as soon as practicable
50 after the effective date of this title.
51 3. For the purposes of this section, and for specified limited times,
52 the commissioner may waive or modify the requirements of this article
53 relating to registered organizations, consistent with the legislative
54 intent and purpose of this title and this section. Where a registered
55 organization operates in a jurisdiction other than the state of New
56 York, under licensure or other governmental recognition of that juris-
S. 4406--D 14
1 diction, and the laws of that jurisdiction are acceptable to the commis-
2 sioner as consistent with the legislative intent and purpose of this
3 title and this section, then the commissioner may accept that licensure
4 or recognition as wholly or partially satisfying the requirements of
5 this title, for purposes of the registration and operation of the regis-
6 tered organization under this section.
7 4. In considering applications under this section for registration,
8 the commissioner shall give preference to the following:
9 (a) applicants that are currently producing or providing or have a
10 history of producing or providing medical marihuana in other jurisdic-
11 tions in full compliance with the laws of the jurisdiction;
12 (b) applicants that are able and qualified to both produce, distrib-
13 ute, and dispense medical marihuana to patients expeditiously;
14 (c) applicants that propose locations for dispensing by the registered
15 organization, which ensure, to the greatest extent possible, that certi-
16 fied patients throughout the state have access to a registered organiza-
17 tion.
18 5. The commissioner may limit registered organizations registered
19 under this section to serving patients with special certifications.
20 6. A registered organization registered under this section may apply
21 under section thirty-three hundred sixty-five of this title to receive
22 or renew registration.
23 § 3367. Reports by registered organizations. 1. The commissioner
24 shall, by regulation, require each registered organization to file
25 reports by the registered organization during a particular period. The
26 commissioner shall determine the information to be reported and the
27 forms, time, and manner of the reporting.
28 2. The commissioner shall, by regulation, require each registered
29 organization to adopt and maintain security, tracking, record keeping,
30 record retention and surveillance systems, relating to all medical mari-
31 huana at every stage of acquiring, possession, manufacture, sale, deliv-
32 ery, transporting, distributing, or dispensing by the registered organ-
33 ization, subject to regulations of the commissioner.
34 § 3368. Evaluation; research programs; report by department. 1. The
35 commissioner may provide for the analysis and evaluation of the opera-
36 tion of this title. The commissioner may enter into agreements with one
37 or more persons, not-for-profit corporations or other organizations, for
38 the performance of an evaluation of the implementation and effectiveness
39 of this title.
40 2. The department may develop, seek any necessary federal approval
41 for, and carry out research programs relating to medical use of marihua-
42 na. Participation in any such research program shall be voluntary on
43 the part of practitioners, patients, and designated caregivers.
44 3. The department shall report every two years, beginning two years
45 after the effective date of this title, to the governor and the legisla-
46 ture on the medical use of marihuana under this title and make appropri-
47 ate recommendations.
48 § 3369. Relation to other laws. 1. (a) The provisions of this article
49 shall apply to this title, except that where a provision of this title
50 conflicts with another provision of this article, this title shall
51 apply.
52 (b) Medical marihuana shall not be deemed to be a "drug" for purposes
53 of article one hundred thirty-seven of the education law.
54 2. Nothing in this title shall be construed to require an insurer or
55 health plan under this chapter or the insurance law to provide coverage
56 for medical marihuana. Nothing in this title shall be construed to
S. 4406--D 15
1 require coverage for medical marihuana under article twenty-five of this
2 chapter or article five of the social services law.
3 3. A person or entity shall not be subject to criminal or civil
4 liability or professional discipline for acting reasonably and in good
5 faith pursuant to this title.
6 § 3369-a. Protections for the medical use of marihuana. 1. Certified
7 patients, designated caregivers, practitioners, registered organizations
8 and the employees of registered organizations shall not be subject to
9 arrest, prosecution, or penalty in any manner, or denied any right or
10 privilege, including but not limited to civil penalty or disciplinary
11 action by a business or occupational or professional licensing board or
12 bureau, solely for the certified medical use or manufacture of marihua-
13 na, or for any other action or conduct in accordance with this title.
14 2. Incidental amount of marihuana. Any incidental amount of seeds,
15 stalks, and unusable roots shall not be included in the amounts speci-
16 fied in subdivision one of section thirty-three hundred sixty-two of
17 this title.
18 3. Non-discrimination. Being a certified patient shall be deemed to
19 be having a "disability" under article fifteen of the executive law
20 (human rights law), section forty-c of the civil rights law, sections
21 240.00, 485.00, and 485.05 of the penal law, and section 200.50 of the
22 criminal procedure law. This subdivision shall not bar the enforcement
23 of a policy prohibiting an employee from performing his or her employ-
24 ment duties under the influence of a controlled substance. A school may
25 not refuse to enroll or otherwise penalize a person solely for that
26 person's status as a certified patient or designated caregiver. This
27 subdivision shall not require any person or entity to do any act that
28 would put the person or entity in violation of federal law or cause it
29 to lose a federal contract or funding.
30 4. Person may not be denied medical care, including organ transplant.
31 For the purposes of medical care, including organ transplants, a
32 patient's medical use of marihuana shall not constitute the use of an
33 illicit substance and may only be considered with respect to evidence-
34 based clinical criteria.
35 5. Person may not be denied custody or visitation of minor. A person
36 shall not be denied custody or visitation of a minor for acting in
37 accordance with this title unless the person's behavior is such that it
38 creates an unreasonable danger to the minor that can be clearly artic-
39 ulated and substantiated.
40 § 3369-b. Regulations. The commissioner shall make regulations to
41 implement this title.
42 § 3369-c. Severability. If any provision of this title or the applica-
43 tion thereof to any person or circumstance is held invalid, such inva-
44 lidity shall not affect other provisions or applications of this title
45 which can be given effect without the invalid provision or application,
46 and to this end the provisions of this title are severable.
47 § 3. Section 3343-a of the public health law is amended by adding a
48 new subdivision 8-a to read as follows:
49 8-a. Medical marihuana. As used in any provision of this article
50 relating to the prescription monitoring program registry, the following
51 terms shall include the following in relation to medical marihuana, in
52 addition to the meaning each term would otherwise have:
53 (a) "Prescription," "prescribe," and "prescriber," include, respec-
54 tively, a certification, the issuing of a certification, and a practi-
55 tioner under title five-A of this article.
S. 4406--D 16
1 (b) "Pharmacy" includes a registered organization that is authorized
2 to dispense medical marihuana under title five-A of this article;
3 provided that a registered organization that is not a facility licensed
4 under article twenty-eight of this chapter or a pharmacy under article
5 one hundred thirty-seven of the education law shall only be authorized
6 to consult the registry or access patient-specific information from the
7 registry (including under subdivision three of this section and subdivi-
8 sion two of section thirty-three hundred seventy-one of this article) in
9 direct relation to medical marihuana, but shall report information to
10 the registry, including under subdivision four of section thirty-three
11 hundred thirty-three of this article.
12 (c) "Patient-specific information," in relation to medical marihuana,
13 shall not include information not required to be included in a certif-
14 ication under title five-A of this article.
15 (d) "Controlled substance" includes medical marihuana, regardless of
16 whether the provision in which the term is found is limited to schedules
17 other than schedule I of section thirty-three hundred six of this arti-
18 cle.
19 (e) "Medical marihuana" means medical marihuana under title five-A of
20 this article.
21 § 4. The tax law is amended by adding a new article 20-B to read as
22 follows:
23 ARTICLE 20-B
24 TAX ON MEDICAL MARIHUANA
25 Section 490. Excise tax on medical marihuana.
26 § 490. Excise tax on medical marihuana. 1. All definitions of terms
27 applicable to title five-A of article thirty-three of the public health
28 law shall apply to this article.
29 2. There is hereby levied and imposed on registered organizations an
30 excise tax on all medical marihuana sold to another registered organiza-
31 tion or to a certified patient or designated caregiver. The excise tax
32 shall be at the rate of seven percent of the retail price of the medical
33 marihuana dispensed.
34 3. Twenty-two and five-tenths percent of the revenue received by the
35 department shall be transferred to the county in New York state in which
36 the medical marihuana was manufactured and twenty-two and five-tenths
37 percent of the revenue received by the department shall be transferred
38 to the county in New York state in which the medical marihuana was
39 dispensed. For purposes of the previous sentence, the city of New York
40 shall be deemed to be a county. Five percent of the revenue received by
41 the department shall be transferred to the office of alcoholism and
42 substance abuse services, which shall use that revenue for additional
43 drug abuse prevention, counseling and treatment services. Five percent
44 of the revenue received by the department shall be transferred to the
45 division of criminal justice services, which shall use that revenue for
46 a program of discretionary grants to state and local law enforcement
47 agencies that demonstrate a need relating to title five-A of article
48 thirty-three of the public health law. Said grants could be used for
49 personnel costs of state and local law enforcement agencies.
50 4. A registered organization that dispenses medical marihuana shall
51 provide to the department information on where the medical marihuana was
52 dispensed and where the medical marihuana was manufactured. A registered
53 organization that obtains marihuana from another registered organization
54 shall obtain from such registered organization information on where the
55 medical marihuana was manufactured.
56 5. The commissioner shall make regulations to implement this article.
S. 4406--D 17
1 § 5. Section 853 of the general business law is amended by adding a
2 new subdivision 3 to read as follows:
3 3. This article shall not apply to any sale, furnishing or possession
4 which is for a lawful purpose under title five-A of article thirty-three
5 of the public health law.
6 § 6. Section 221.00 of the penal law, as added by chapter 360 of the
7 laws of 1977, is amended to read as follows:
8 § 221.00 Marihuana; definitions.
9 Unless the context in which they are used clearly otherwise requires,
10 the terms occurring in this article shall have the same meaning ascribed
11 to them in article two hundred twenty of this chapter. Any act that is
12 lawful under title five-A of article thirty-three of the public health
13 law is not a violation of this article.
14 § 7. This act shall take effect immediately.
