S07000 Summary:

Amd §§3369-a & 3369, Pub Health L
Creates an advisory committee on medical use of marihuana to advise the commissioner on making regulations and to decide patient appeals; permits the use of identification cards issued by other states.
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S07000 Actions:

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S07000 Memo:

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S07000 Text:

                STATE OF NEW YORK
                    IN SENATE
                                     March 15, 2016
        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        AN ACT to amend the  public  health  law,  in  relation  to  regulations
          governing the medical use of marihuana
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Legislative findings and intent. The legislature finds that
     2  thousands of New Yorkers have serious medical  conditions  that  can  be
     3  improved  by  medically-approved  use  of  marihuana. The law should not
     4  stand between them and treatment necessary for  life  and  health.  This
     5  legislation follows the well-established public policy that a controlled
     6  substance  can have a legitimate medical use. Many controlled substances
     7  that are legal for medical use (such as morphine and steroids) are ille-
     8  gal for any other use. The purposes of article 33 of the  public  health
     9  law  include allowing legitimate medical use of controlled substances in
    10  health care, including palliative care.
    11    Title 5-A of article 33 of the public health law, and  the  amendments
    12  to  it  in  this  act, establish a medical model of care which regulates
    13  medical marihuana as a recommended medicine in keeping  with  recognized
    14  medical  public health and safety standards. This policy and this legis-
    15  lation do not in any way diminish New York state's strong public  policy
    16  and laws against illegal drug use, nor should it be deemed in any manner
    17  to  advocate,  authorize, promote, or legally or socially accept the use
    18  of marihuana for children or  adults,  for  any  non-medical  use.  This
    19  legislation  is an appropriate exercise of the state's legislative power
    20  to protect the health of its  people  under  article  17  of  the  state
    21  constitution and the tenth amendment of the United States constitution.
    22    Furthermore,  the  legislature finds that New York state has a signif-
    23  icant and ongoing economic and non-regulatory interest in the  financial
    24  viability  of  organizations  that  sell  marihuana for medical use. The
    25  legislature finds that the financial  viability  of  such  organizations
    26  would be greatly diminished and threatened by labor-management conflict,
    27  such  as  a  strike  at a facility that cultivates marihuana, especially
    28  because of the need  for  enhanced  security  concerning  the  products.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 7000                             2
     1  Replacements  during  a  strike  would be difficult to arrange and cause
     2  delay far more significant than a  strike  elsewhere.  Accordingly,  the
     3  legislature  finds  that  the  state  has  a  substantial and compelling
     4  proprietary  interest  in  this  matter,  and  finds that labor peace is
     5  essential for any organization to conduct business relating to the  sale
     6  of medical marihuana.
     7    It is the legislative intent that this act be implemented consistently
     8  with  these  findings  and principles, through a reasonable and workable
     9  system with appropriate oversight; strong "seed to sale"  regulation  to
    10  prevent  diversion,  abuse, and other illegal conduct; reasonable access
    11  to and appropriate use of medical marihuana by certified patients; eval-
    12  uation; and continuing research.
    13    § 2. Section 3369-a of the public health law, as added by  chapter  90
    14  of the laws of 2014, is amended to read as follows:
    15    §  3369-a.  Regulations. 1. The commissioner shall make regulations to
    16  implement this title.  Regulations under this title shall be  reasonable
    17  and  consistent  with this title, the legislative intent, and verifiable
    18  clinical, legal or public safety considerations.
    19    2. There is hereby established in the department an advisory committee
    20  on medical use of marihuana (the "advisory  committee")  to  advise  the
    21  commissioner  on  making regulations under this title and on any matters
    22  relating to the implementation of this title as the  commissioner  shall
    23  determine.  The advisory committee shall consist of fifteen members. The
    24  members of the advisory committee shall be appointed as  follows:  eight
    25  to  be appointed by the governor, two to be appointed by the governor on
    26  the recommendation of the temporary president of the senate, one  to  be
    27  appointed  by  the governor on the recommendation of the minority leader
    28  of the senate, two to be appointed by the governor on the recommendation
    29  of the speaker of the assembly, one to be appointed by the  governor  on
    30  the recommendation of the minority leader of the assembly, and one to be
    31  appointed  by the governor on the recommendation of the attorney general
    32  of the state of New York. The advisory committee shall include  but  not
    33  be limited to: health care practitioners, patients or representatives of
    34  patients   with   serious  conditions,  experts  in  the  regulation  of
    35  controlled  substances  for  medical  use,  medical  marihuana  industry
    36  professionals  and  law  enforcement.  The  advisory  committee shall be
    37  responsible for reviewing the appeal of any patient or  caregiver  whose
    38  registry  application  has  been  denied by the department. The advisory
    39  committee shall make recommendations regarding any such  appeal  to  the
    40  commissioner,  who  shall make the final determination. The commissioner
    41  may also form subcommittees of the advisory committee.  The commissioner
    42  shall form a subcommittee to assist and advise the commissioner and  the
    43  advisory  committee  on  clinical matters relating to medical marihuana,
    44  including but not limited to expanding or retracting the  categories  of
    45  diseases to be considered serious conditions for purposes of this title,
    46  the  members  of  which shall predominantly be clinical professionals in
    47  appropriate areas of expertise and shall also include representatives of
    48  patients and the general public. Members of a subcommittee need  not  be
    49  members  of  the  advisory  committee. Members of the advisory committee
    50  shall serve for a term of four years. Members of  a  subcommittee  shall
    51  serve  at  the  pleasure  of  the  commissioner. Members of the advisory
    52  committee or a subcommittee may receive reimbursement by the  department
    53  for  their  reasonable and necessary expenses incurred as members of the
    54  advisory committee or a subcommittee. A public employee may be a  member
    55  of the advisory committee or a subcommittee.

        S. 7000                             3
     1    §  3. Section 3369 of the public health law is amended by adding a new
     2  subdivision 5 to read as follows:
     3    5.  A  registry identification card, or its equivalent, that is issued
     4  under the laws of another state, district, territory,  commonwealth,  or
     5  possession of the United States that allows the medical use of marihuana
     6  has  the  same force and effect as a registry identification card issued
     7  by the department, so long as the  visiting  patient's  condition  is  a
     8  serious  condition, as attested to in writing by a practitioner. Where a
     9  registered organization dispenses medical marihuana to a  patient  under
    10  this  subdivision,  a  copy  of the attestation shall be provided to the
    11  registered organization.
    12    § 4. This act shall take effect immediately; provided that the  amend-
    13  ments  to  title 5-A of article 33 of the public health law made by this
    14  act shall not affect the expiration and repeal of such title  and  shall
    15  expire and be deemed repealed therewith.
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