STATE OF NEW YORK
________________________________________________________________________
7283--A
IN SENATE
May 2, 2012
___________
Introduced by Sens. SAVINO, BRESLIN, CARLUCCI, DILAN, DUANE, KRUEGER,
MONTGOMERY, OPPENHEIMER, SQUADRON -- read twice and ordered printed,
and when printed to be committed to the Committee on Health -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the public health law and the general business 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 use of controlled substances in health
10 care, including palliative care. This policy and this legislation do not
11 in any way diminish New York state's strong public policy and laws
12 against illegal drug use, nor should it be deemed in any manner to advo-
13 cate, authorize, promote, or legally or socially accept the use of mari-
14 huana for children or adults, for any non-medical use. This legislation
15 is an appropriate exercise of the state's legislative power to protect
16 the health of its people under article 17 of the state constitution and
17 the tenth amendment of the United States constitution.
18 It is the legislative intent that this act be implemented consistently
19 with these findings and principles, through a reasonable and workable
20 system with appropriate oversight, evaluation and continuing research.
21 § 2. Article 33 of the public health law is amended by adding a new
22 title 5-A to read as follows:
23 TITLE V-A
24 MEDICAL USE OF MARIHUANA
25 Section 3360. Definitions.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02415-11-2
S. 7283--A 2
1 3361. Certification of patients.
2 3362. Lawful medical use.
3 3363. Registry identification cards.
4 3364. Registered organizations.
5 3365. Registering of registered organizations.
6 3366. Reports by registered organizations.
7 3367. Evaluation; research programs; report by department.
8 3368. Registered organization assessments.
9 3369. Relation to other laws.
10 3369-a. Protections for the medical use of marihuana.
11 3369-b. Severability.
12 § 3360. Definitions. As used in this title, the following terms shall
13 have the following meanings, unless the context clearly requires other-
14 wise:
15 1. "Certified medical use" means the acquisition, possession, use,
16 delivery, transfer, transportation, or administration of medical mari-
17 huana by a certified patient or designated caregiver for use as part of
18 the treatment of the patient's serious condition specified in a certif-
19 ication under section thirty-three hundred sixty-one of this title,
20 including enabling the patient to tolerate treatment for the serious
21 condition.
22 2. "Caring for" means treating or counseling a patient, in the course
23 of which the practitioner has completed a full assessment of the
24 patient's medical history and current medical condition.
25 3. "Certified patient" means a patient who is certified under section
26 thirty-three hundred sixty-one of this title.
27 4. "Certification" means a certification, made under section thirty-
28 three hundred sixty-one of this title.
29 5. "Designated caregiver" means the individual designated by a certi-
30 fied patient in a registry application.
31 6. "Public place" means a public place as defined in section 240.00 of
32 the penal law, a motor vehicle as defined in section one hundred twen-
33 ty-five of the vehicle and traffic law, an aircraft as defined in
34 section two hundred forty of the general business law or a vessel as
35 defined in section two of the navigation law.
36 7. "Serious condition" means a severe debilitating or life-threatening
37 condition, or a condition associated with or a complication of such a
38 condition or its treatment (including but not limited to inability to
39 tolerate food, nausea, vomiting, dysphoria or pain).
40 8. "Medical marihuana" means marihuana as defined in subdivision twen-
41 ty-one of section thirty-three hundred two of this article intended for
42 a certified medical use.
43 9. "Registered organization" means a registered organization under
44 sections thirty-three hundred sixty-four and thirty-three hundred
45 sixty-five of this title.
46 10. "Registry application" means an application properly completed and
47 filed with the department by a certified patient under section thirty-
48 three hundred sixty-three of this title.
49 11. "Registry identification card" means a document that identifies a
50 certified patient or designated caregiver, as provided under section
51 thirty-three hundred sixty-three of this title.
52 12. "Practitioner" means a practitioner who is a physician, physician
53 assistant, or nurse practitioner, acting within the practitioner's
54 lawful scope of practice.
55 § 3361. Certification of patients. 1. A patient certification may only
56 be issued if a practitioner who is caring for the patient for a serious
S. 7283--A 3
1 condition certifies that: (a) the patient has a serious condition, which
2 shall be specified in the patient's health care record; (b) the patient
3 is under the practitioner's care for the serious condition; and (c) in
4 the practitioner's professional opinion, the patient is likely to
5 receive therapeutic or palliative benefit from the primary or adjunctive
6 treatment with medical use of marihuana for the serious condition.
7 2. The certification shall be in writing and include (a) the name,
8 date of birth and address of the patient; (b) a statement that the
9 patient has a serious condition; the patient is under the practitioner's
10 care for the serious condition and, in the practitioner's professional
11 opinion, the patient is likely to receive therapeutic or palliative
12 benefit from the primary or adjunctive treatment with medical use of
13 marihuana for the serious condition; (c) the date; and (d) the name,
14 address, federal registration number, telephone number, and the hand-
15 written signature of the certifying practitioner. The commissioner may
16 require by regulation that the certification shall be on a form provided
17 by the department if the commissioner determines that the department is
18 making certification forms adequately available.
19 3. The practitioner shall give the certification to the certified
20 patient, and place a copy in the patient's health care record.
21 4. No practitioner shall issue a certification under this section for
22 himself or herself.
23 5. A registry identification card based on a certification shall
24 expire one year after the date the certification is signed by the prac-
25 titioner; except that where a certified patient has a registry identifi-
26 cation card based on a current valid certification, a new registry iden-
27 tification card based on a new certification shall expire one year after
28 the expiration of the registry identification card based on the current
29 valid certification. However, if the practitioner states in the certif-
30 ication that he or she believes the patient would benefit from medical
31 marihuana only until a specified earlier date, then the registry iden-
32 tification card shall expire on that date.
33 § 3362. Lawful medical use. 1. The possession, acquisition, use,
34 delivery, transfer, transportation, or administration of medical mari-
35 huana by a certified patient or designated caregiver possessing a valid
36 registry identification card, for certified medical use, shall be lawful
37 under this title; provided that:
38 (a) the marihuana that may be possessed by a certified patient does
39 not exceed a total aggregate weight of two and one-half ounces of mari-
40 huana; and
41 (b) the marihuana that may be possessed by a designated caregiver does
42 not exceed the quantities referred to in paragraph (a) of this subdivi-
43 sion for each certified patient for whom the caregiver possesses a valid
44 registry identification card, up to five certified patients.
45 2. Notwithstanding subdivision one of this section: (a) possession of
46 marihuana shall not be lawful under this title if it is consumed, grown
47 or displayed in a public place; (b) medical marihuana may not be smoked
48 in any place where tobacco may not be smoked under article thirteen-E of
49 this chapter; (c) except that in a health care facility, medical mari-
50 huana may be smoked by a patient of the facility, subject to other
51 provisions of this title, in an area, and under circumstances, permitted
52 by the facility, provided that the patient does not smoke in the pres-
53 ence of patients who are not certified under this title.
54 3. It shall be lawful under this article to give or dispose of mari-
55 huana, obtained under this title, for certified medical use, between
56 certified patients and other certified patients, and between a desig-
S. 7283--A 4
1 nated caregiver and the designated caregiver's certified patient where
2 nothing of value is transferred in return, or to offer to do the same.
3 This prohibition on transferring or offering to transfer a thing of
4 value shall not (a) apply to sale of medical marihuana to or by a regis-
5 tered organization under this article; nor (b) prevent a designated
6 caregiver from being reimbursed for reasonable costs or activities
7 relating to caring for a certified patient, including, but not limited
8 to, reimbursement for legitimate expenses relating to the purchase of
9 medical marihuana from a registered organization under section thirty-
10 three hundred sixty-six of this title.
11 § 3363. Registry identification cards. 1. The department shall issue
12 registry identification cards for certified patients and designated
13 caregivers. A registry identification card shall expire as provided in
14 section thirty-three hundred sixty-one of this title or as otherwise
15 provided in this section. The department shall begin issuing registry
16 identification cards 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 or renew a registry identification card, a certified
22 patient shall file a registry application with the department. The
23 registry application or renewal application shall include:
24 (a) the original patient's certification (a new written certification
25 shall be provided with a renewal application);
26 (b) (i) the name, address, and date of birth of the patient; (ii) the
27 date of the certification; (iii) if the patient has a registry identifi-
28 cation card based on a current valid certification, the registry iden-
29 tification number and expiration date of that registry identification
30 card; (iv) the specified date until which the patient would benefit from
31 medical marihuana, if the certification states such a date; (v) the
32 name, address, federal registration number, and telephone number of the
33 certifying practitioner; and (vi) other individual identifying informa-
34 tion required by the department;
35 (c) if the patient designates a designated caregiver, the name,
36 address, and date of birth of the designated caregiver, and other indi-
37 vidual identifying information required by the department; a certified
38 patient may designate up to two designated caregivers;
39 (d) a statement that a false statement made in the application is
40 punishable under section 210.45 of the penal law;
41 (e) the date of the application and the signature of the certified
42 patient; and
43 (f) a reasonable application fee, as determined by the department;
44 provided, that the department may waive or reduce the fee in cases of
45 financial hardship.
46 3. Where a certified patient is under the age of eighteen:
47 (a) The application for a registry identification card shall be made
48 by an appropriate person over twenty-one years of age. The application
49 shall state facts demonstrating that the person is appropriate.
50 (b) The designated caregiver shall be (i) a parent or legal guardian
51 of the certified patient, (ii) a person designated by a parent or legal
52 guardian, or (iii) an appropriate person approved by the department upon
53 a sufficient showing that no parent or legal guardian is appropriate or
54 available.
55 4. No person may be a designated caregiver if the person is under
56 twenty-one years of age unless a sufficient showing is made to the
S. 7283--A 5
1 department that the person should be permitted to serve as a designated
2 caregiver.
3 5. No person may be a designated caregiver for more than five certi-
4 fied patients at one time. A designated caregiver shall carry a separate
5 registry identification card for each certified patient for whom he or
6 she is a designated caregiver. Each registry identification card shall
7 contain the same registry identification number specified in this
8 section.
9 6. The department shall issue separate registry identification cards
10 for the certified patient and the designated caregiver (if one is desig-
11 nated in the registry application) within thirty days of receiving a
12 complete application under this section, unless it determines that the
13 application is incomplete or facially inaccurate, in which case it shall
14 promptly notify the applicant.
15 7. If the department does not approve the designation of an individ-
16 ual as a designated caregiver, that shall not affect the approval of the
17 application as to the certified patient.
18 8. A registry identification card shall contain:
19 (a) the name of the certified patient and the designated caregiver (if
20 one is designated in the registry application);
21 (b) the date of issuance and expiration date of the registry identifi-
22 cation card;
23 (c) a registry identification number for the certified patient and a
24 registry identification number for the designated caregiver (if one is
25 designated in the registry application); and
26 (d) a photograph of the individual to whom the registry identification
27 card is being issued, which shall be obtained by the department in a
28 manner specified by the commissioner in regulations; provided, however,
29 that if the department required certified patients to submit photographs
30 for this purpose, there shall be a reasonable accommodation of certified
31 patients who are confined to their homes due to their medical conditions
32 and may therefore have difficulty procuring photographs.
33 9. A certified patient or designated caregiver who has been issued a
34 registry identification card shall notify the department of any change
35 in his or her name or address or, with respect to the patient, or if he
36 or she ceases to have the serious condition noted on the certification
37 within ten days of such change.
38 10. If a certified patient or designated caregiver loses his or her
39 registry identification card, he or she shall notify the department and
40 submit a ten dollar fee within ten days of losing the card to maintain
41 the registration. The department may establish higher fees for issuing
42 a new registry identification card for second and subsequent replace-
43 ments for a lost card, provided, that the department may waive or reduce
44 the fee in cases of financial hardship. Within five days after such
45 notification and payment, the department shall issue a new registry
46 identification card, which may contain a new registry identification
47 number, to the certified patient or designated caregiver, as the case
48 may be.
49 11. The department shall maintain a confidential list of the persons
50 to whom it has issued registry identification cards. Individual identi-
51 fying information obtained by the department under this title shall be
52 confidential and exempt from disclosure under article six of the public
53 officers law. Notwithstanding this subdivision, the department may noti-
54 fy any appropriate law enforcement agency of information relating to any
55 violation or suspected violation of this title.
S. 7283--A 6
1 12. The department shall verify to law enforcement personnel in an
2 appropriate case whether a registry identification card is valid.
3 13. If a certified patient or designated caregiver willfully violates
4 any provision of this title as determined by the department, his or her
5 registry identification card may be revoked. This is in addition to any
6 other penalty that may apply.
7 14. (a) Registry implementation date. As used in this subdivision, the
8 "registry implementation date" is the date determined by the commission-
9 er when the department is ready to receive and expeditiously act on
10 applications for registry identification cards under this section.
11 (b) On and after the registry implementation date, upon receipt of an
12 application for a registry identification card, the department shall
13 send to the applicant a letter acknowledging such receipt. While the
14 application for a registry identification card is pending, a copy of the
15 registry application, together with a copy of the certification and a
16 copy of the letter of receipt from the department, shall serve as and
17 have the same effect as a registry identification card for the certified
18 patient and designated caregiver if any, provided that a certification
19 and application shall not serve as a valid registry identification card
20 after the initial thirty day period under subdivision six of this
21 section. This paragraph shall expire and have no effect one year after
22 the registry implementation date.
23 15. If the department fails to begin issuing registry identification
24 cards no later than one year after the effective date of this section, a
25 patient's certification shall serve as the registry identification card
26 for both the patient and the patient's designated caregiver.
27 § 3364. Registered organizations. 1. A registered organization shall
28 be:
29 (a) a pharmacy;
30 (b) a facility licensed under article twenty-eight of this chapter;
31 (c) a not-for-profit corporation organized for the purpose of acquir-
32 ing, possessing, manufacturing, selling, delivering, transporting or
33 distributing marihuana for certified medical use; or
34 (d) a registered producer, which shall be a person or entity, with
35 appropriate expertise in agriculture, registered for the purpose of
36 acquiring or manufacturing marihuana and selling, delivering, transport-
37 ing, or distributing it to another registered organization; a certified
38 producer shall not sell, deliver or distribute marihuana to a certified
39 patient or designated caregiver for that person's use.
40 2. The acquiring, possession, manufacture, sale, delivery, transport-
41 ing or distributing of marihuana by a registered organization under this
42 title in accordance with its registration under section thirty-three
43 hundred sixty-five of this title or a renewal thereof shall be lawful
44 under this title.
45 3. A registered organization (other than a registered producer) may
46 lawfully, in good faith, sell, deliver or distribute medical marihuana
47 to a certified patient or designated caregiver upon presentation to the
48 registered organization of a valid registry identification card for that
49 certified patient or designated caregiver. When presented with the
50 registry identification card, the registered organization shall provide
51 to the certified patient or designated caregiver a receipt, which shall
52 state: the name, address, and registry identification number of the
53 registered organization; the registry identification number of the
54 certified patient and the designated caregiver (if any); and the quanti-
55 ty of marihuana sold. The registered organization shall retain a copy of
56 the registry identification card and the receipt for one year.
S. 7283--A 7
1 4. No registered organization may sell, deliver or distribute to any
2 certified patient or designated caregiver a quantity of medical marihua-
3 na larger than that individual would be allowed to possess under this
4 title.
5 5. When a registered organization sells, delivers or distributes
6 medical marihuana to a certified patient or designated caregiver, it
7 shall provide to that individual a safety insert, which will be devel-
8 oped and approved by the commissioner and include, but not be limited
9 to, information on: (a) methods for administering medical marihuana, (b)
10 any potential dangers stemming from the use of medical marihuana, and
11 (c) how to recognize what may be problematic usage of medical marihuana
12 and obtain appropriate services or treatment for problematic usage.
13 § 3365. Registering of registered organizations. 1. Application for
14 initial registration. (a) An applicant for registration as a registered
15 organization under section thirty-three hundred sixty-four of this title
16 shall furnish to the department a description of the activities in which
17 it intends to engage as a registered organization and any information
18 the department shall reasonably require and evidence that the applicant:
19 (i) and its managing officers are of good moral character;
20 (ii) possesses or has the right to use sufficient land, buildings and
21 equipment to properly carry on the activity described in the applica-
22 tion;
23 (iii) is able to maintain effective control against diversion of the
24 marihuana; and
25 (iv) is able to comply with all applicable state laws and regulations
26 relating to the activities in which it intends to engage under the
27 registration.
28 (b) The application shall establish the applicant's status under para-
29 graph (a), (b), (c) or (d) of subdivision one of section thirty-three
30 hundred sixty-four of this title, or its intention to qualify under
31 paragraph (c) or (d) of subdivision one of section thirty-three hundred
32 sixty-four of this title.
33 (c) The application shall include the name, residence address and
34 title of each of the officers and directors and the name and residence
35 address of any person or entity that is a member of the applicant. Each
36 such person, if an individual, or lawful representative if a legal enti-
37 ty, shall submit an affidavit with the application setting forth:
38 (i) any position of management or ownership during the preceding ten
39 years of a ten per centum or greater interest in any other business,
40 located in or outside this state, manufacturing or distributing drugs;
41 (ii) whether such person or any such business has been convicted,
42 fined, censured or had a registration suspended or revoked in any admin-
43 istrative or judicial proceeding relating to or arising out of the manu-
44 facture, distribution, sale, or possession of drugs; and
45 (iii) such other information as the commissioner may reasonably
46 require.
47 (d) The applicant shall be under a continuing duty to report to the
48 department any change in facts or circumstances reflected in the appli-
49 cation or any newly discovered or occurring fact or circumstance which
50 is required to be included in the application.
51 2. Granting of registration. (a) The commissioner shall grant a regis-
52 tration or amendment to a registration under this section if he or she
53 is satisfied that:
54 (i) the applicant will be able to maintain effective control against
55 diversion of marihuana;
S. 7283--A 8
1 (ii) the applicant will be able to comply with all applicable state
2 laws;
3 (iii) the applicant and its officers are ready, willing and able to
4 properly carry on the manufacturing or distributing activity for which a
5 registration is sought;
6 (iv) the applicant possesses or has the right to use sufficient land,
7 buildings and equipment to properly carry on the activity described in
8 the application;
9 (v) it is in the public interest that such registration be granted; in
10 the case of an applicant under paragraph (c) of subdivision one of
11 section thirty-three hundred sixty-four of this title, the commissioner
12 may consider whether the number of registered organizations in an area
13 will be adequate or excessive to reasonably serve the area; and
14 (vi) the applicant and its managing officers are of good moral charac-
15 ter.
16 (b) If the commissioner is not satisfied that the applicant should be
17 issued a registration, he or she shall notify the applicant in writing
18 of those factors upon which further evidence is required. Within thirty
19 days of the receipt of such notification, the applicant may submit addi-
20 tional material to the commissioner or demand a hearing, or both.
21 (c) The fee for a registration under this section shall be a reason-
22 able amount determined by the department in regulations; provided howev-
23 er, if the registration is issued for a period greater than two years
24 the fee shall be increased, pro rata, for each additional month of
25 validity.
26 (d) Registrations issued under this section shall be effective only
27 for and shall specify:
28 (i) the name and address of the registered organization; and
29 (ii) which activities of a registered organization are permitted by
30 the registration.
31 (e) Upon application of a registered organization, a registration may
32 be amended to allow the registered organization to relocate within the
33 state or to add or delete permitted registered organization activities.
34 The fee for such amendment shall be two hundred fifty dollars.
35 3. A registration issued under this section shall be valid for two
36 years from the date of issue, except that in order to facilitate the
37 renewals of such registrations, the commissioner may upon the initial
38 application for a registration, issue some registrations which may
39 remain valid for a period of time greater than two years but not exceed-
40 ing an additional eleven months.
41 4. Applications for renewal of registrations. (a) An application for
42 the renewal of any registration issued under this section shall be filed
43 with the department not more than six months nor less than four months
44 prior to the expiration thereof. A late-filed application for the
45 renewal of a registration may, in the discretion of the commissioner, be
46 treated as an application for an initial license.
47 (b) The application for renewal shall include such information
48 prepared in the manner and detail as the commissioner may require,
49 including but not limited to:
50 (i) any material change in the circumstances or factors listed in
51 subdivision one of this section; and
52 (ii) every known charge or investigation, pending or concluded during
53 the period of the registration, by any governmental agency with respect
54 to:
S. 7283--A 9
1 (A) each incident or alleged incident involving the theft, loss, or
2 possible diversion of marihuana manufactured or distributed by the
3 applicant; and
4 (B) compliance by the applicant with the laws of the state with
5 respect to any substance listed in section thirty-three hundred six of
6 this article.
7 (c) An applicant for renewal shall be under a continuing duty to
8 report to the department any change in facts or circumstances reflected
9 in the application or any newly discovered or occurring fact or circum-
10 stance which is required to be included in the application.
11 (d) If the commissioner is not satisfied that the applicant is enti-
12 tled to a renewal of the registration, he or she shall within forty-five
13 days after the filing of the application serve upon the applicant or his
14 or her attorney of record in person or by registered or certified mail
15 an order directing the applicant to show cause why his or her applica-
16 tion for renewal should not be denied. The order shall specify in detail
17 the respects in which the applicant has not satisfied the commissioner
18 that the registration should be renewed.
19 (e) Within thirty days of service of such order, the applicant may
20 submit additional material to the commissioner or demand a hearing or
21 both. If a hearing is demanded the commissioner shall fix a date for
22 hearing not sooner than fifteen days nor later than thirty days after
23 receipt of the demand, unless such time limitation is waived by the
24 applicant.
25 5. Granting of renewal of registrations. (a) The commissioner shall
26 renew a registration unless he or she determines and finds that the
27 applicant:
28 (i) is unlikely to maintain or be able to maintain effective control
29 against diversion; or
30 (ii) is unlikely to comply with all state laws applicable to the
31 activities in which it may engage under the registration; or
32 (iii) is an applicant under paragraph (c) of subdivision one of
33 section thirty-three hundred sixty-four of this title, in which case the
34 commissioner may consider whether the number of registered organizations
35 in an area is adequate or excessive to reasonably serve the area.
36 (b) For purposes of this section, proof that a registered organiza-
37 tion, during the period of its registration, has failed to maintain
38 effective control against diversion or has knowingly or negligently
39 failed to comply with applicable state laws relating to the activities
40 in which it engages under the registration, shall constitute substantial
41 evidence that the applicant will be unlikely to maintain effective
42 control against diversion or will be unlikely to comply with the appli-
43 cable state statutes during the period of proposed renewal.
44 6. The department may suspend or terminate the registration of a
45 registered organization, on grounds and using procedures under this
46 article relating to a license, to the extent consistent with this title.
47 Conduct in compliance with this title, but which may violate conflicting
48 federal law, shall not be grounds to suspend or terminate a registra-
49 tion.
50 7. A registered organization is entitled to all of the rights,
51 protections, and procedures provided to a licensee under this article.
52 8. The department shall begin issuing registrations for registered
53 organizations no later than one year after the effective date of this
54 section.
55 § 3366. Reports by registered organizations. 1. The commissioner
56 shall, by regulation, require each registered organization that sells,
S. 7283--A 10
1 delivers or distributes medical marihuana to a certified patient or
2 designated caregiver to file reports of all such sales, deliveries or
3 distributions by the registered organization during a particular period,
4 on forms provided by the department. Reports shall be not more frequent-
5 ly than every six months. Each report shall include for each such sale,
6 delivery or distribution: the date, the quantity sold, delivered or
7 distributed; and the name, address and registry identification number of
8 the certified patient and the designated caregiver (if any).
9 2. The commissioner shall, by regulation, require each registered
10 producer to file reports of all sales, deliveries or distributions of
11 medical marihuana by the registered producer during a particular period,
12 on forms provided by the department. Reports shall be not more frequent-
13 ly than every month. Each report shall include for each such sale,
14 delivery or distribution: the date, the quantity sold, delivered or
15 distributed; and the name and address of the registered organization to
16 which the sale, delivery or distribution was made.
17 § 3367. Evaluation; research programs; report by department. 1. The
18 commissioner may provide for the analysis and evaluation of the opera-
19 tion of this title. The commissioner may enter into agreements with one
20 or more persons, not-for-profit corporations or other organizations, for
21 the performance of an evaluation of the implementation and effectiveness
22 of this title.
23 2. The department may develop, seek any necessary federal approval
24 for, and carry out research programs relating to medical use of marihua-
25 na. Participation in any such research program shall be voluntary on
26 the part of practitioners, patients, and designated caregivers.
27 3. The department shall report every two years, beginning two years
28 after the effective date of this title, to the governor and the legisla-
29 ture on the medical use of marihuana under this title and make appropri-
30 ate recommendations.
31 § 3368. Registered organization assessments. 1. Each registered organ-
32 ization shall be charged an assessment in the amount of seven and one-
33 tenth percent of its gross receipts received from all medical marihuana
34 sold, delivered or distributed, less refunds, on a cash basis. The
35 assessment shall be submitted by or on behalf of the registered organ-
36 ization to the commissioner or his or her designee on a schedule to be
37 determined by the commissioner.
38 2. The gross receipts tax owed by a registered organization under
39 section twenty-eight hundred seven-d of this chapter, attributable to
40 the sale, delivery or distribution of medical marihuana under this
41 title, shall be deductible by the registered organization from any gross
42 receipts assessment owed by it under this title.
43 3. The registered organization shall maintain the documentation neces-
44 sary to establish what amount is owed pursuant to this section and such
45 records shall be subject to audit by the commissioner or his or her
46 designee.
47 § 3369. Relation to other laws. 1. The provisions of this article
48 shall apply to this title, except that where a provision of this title
49 conflicts with another provision of this article, this title shall
50 apply.
51 2. Nothing in this title shall be construed to require or prohibit an
52 insurer or health plan under this chapter or the insurance law to
53 provide coverage for medical marihuana. Nothing in this title shall be
54 construed to require coverage for medical marihuana under article twen-
55 ty-five of this chapter or article five of the social services law.
S. 7283--A 11
1 3. A person or entity shall not be subject to criminal or civil
2 liability or professional discipline for acting reasonably and in good
3 faith pursuant to this title.
4 § 3369-a. Protections for the medical use of marihuana. 1. Certified
5 patients, designated caregivers, practitioners, registered organizations
6 and the employees of registered organizations shall not be subject to
7 arrest, prosecution, or penalty in any manner, or denied any right or
8 privilege, including but not limited to civil penalty or disciplinary
9 action by a business or occupational or professional licensing board or
10 bureau, solely for the certified medical use or manufacture of marihua-
11 na, or for any other action or conduct in accordance with this title.
12 State or local law enforcement agencies shall not cooperate with or
13 provide assistance to the government of the United States or any agency
14 thereof in enforcing the Controlled Substances Act, 21 U.S.C. § 801 et.
15 seq., solely for actions and conduct consistent with this title, except
16 as pursuant to a valid court order.
17 2. Affirmative defense. A patient and a patient's caregiver who have
18 failed to obtain a registry identification card may assert an affirma-
19 tive defense to any prosecution under state law for actions and conduct
20 that is otherwise consistent with the certified medical use of marihuana
21 as defined under this title.
22 3. Incidental amount of marihuana. Any incidental amount of seeds,
23 stalks, and unusable roots shall not be included in the amounts speci-
24 fied in subdivision one of section thirty-three hundred sixty-two of
25 this title.
26 4. School, employer, or landlord may not discriminate. A school,
27 employer, or landlord may not refuse to enroll or employ or lease to or
28 otherwise penalize a person solely for that person's status as a certi-
29 fied patient or designated caregiver unless failing to do so would put
30 the school, employer, or landlord in violation of federal law or cause
31 it to lose a federal contract or funding.
32 5. Person may not be denied medical care, including organ transplant.
33 For the purposes of medical care, including organ transplants, a certi-
34 fied patient's medical use of marihuana shall not constitute the use of
35 an illicit substance and may only be considered with respect to evidence
36 based clinical criteria.
37 6. Person may not be denied custody or visitation of minor. A person
38 shall not be denied custody or visitation of a minor for acting in
39 accordance with this title unless the person's behavior is such that it
40 creates an unreasonable danger to the minor that can be clearly artic-
41 ulated and substantiated.
42 7. Effect of registry identification card issued by another jurisdic-
43 tion. A registry identification card, or its equivalent, that is issued
44 under the laws of another state, district, territory, commonwealth, or
45 possession of the United States that allows the medical use of marihuana
46 has the same force and effect as a registry identification card issued
47 by the department, so long as the visiting patient's serious condition
48 would qualify for the certified medical use of marihuana under this
49 title.
50 § 3369-b. Severability. If any provision of this title or the applica-
51 tion thereof to any person or circumstance is held invalid, such inva-
52 lidity shall not affect other provisions or applications of this title
53 which can be given effect without the invalid provision or application,
54 and to this end the provisions of this title are severable.
55 § 3. Section 853 of the general business law is amended by adding a
56 new subdivision 3 to read as follows:
S. 7283--A 12
1 3. This article shall not apply to any sale, furnishing or possession
2 which is for a lawful purpose under title five-A of article thirty-three
3 of the public health law.
4 § 4. This act shall take effect immediately.
