Provides access to medical marihuana for an animal when a veterinarian determines such animal has any medical condition that may benefit from treatment with medical marihuana.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5172
SPONSOR: Paulin TITLE OF BILL:
An act to amend the public health law, in relation to access to medical
marihuana for animals
PURPOSE:-.
To allow licensed veterinarians to certify patients to use medical mari-
huana and to add animals to the list of certified patients under the
public health law
SUMMARY OF SPECIFIC PROVISIONS:_
Section one of the bill amends subdivision 3 of section 3360 of the
public health law by adding the terms "human" and "animal" to the defi-
nition of "certified patient." This section also amends subdivision 12
of section 3360 of the public health law by adding licensed veterinari-
ans to the definition of "practitioner."
Section two amends subdivision 7 of section 3360 of the public health
law to add any medical condition that may benefit from treatment with
medical marihuana as determined by a licensed veterinarian.
Section three provides the effective date.
JUSTIFICATION:
Medical marihuana has helped countless people in the management and
treatment of chronic and debilitating illnesses. Research suggests that
animals can also benefit from cannabis use to similarly treat their
ailments.
This legislation would authorize licensed veterinarians in the state to
certify their animal patients to use medical marihuana for any medical
condition that may benefit from such treatment. Animal owners and care-
givers would therefore. be given an alternative option to alleviate
their pets' pain. This could be helpful to many animals in need of espe-
cially those that have chronic illnesses and for whom more traditional
medical treatment has not been proven to be effective.
Other states, including Nevada and California, have introduced legis-
lation regarding medical marihuana. use for pets.Giving animals access
to medical marihuana is a compassionate measure that will help in
preventing unnecessary discomfort and suffering.
LEGISLATIVE HISTORY:
2019 and 2020: A.970, referred to health/ S.2835, referred to health
2018: A.10104, referred to health/ S.8722, referred to health
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
5172
2021-2022 Regular Sessions
IN ASSEMBLY
February 11, 2021
___________
Introduced by M. of A. PAULIN, LUPARDO, DICKENS, GALEF -- read once and
referred to the Committee on Health
AN ACT to amend the public health law, in relation to access to medical
marihuana for animals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 3 and 12 of section 3360 of the public health
2 law, as added by chapter 90 of the laws of 2014, are amended to read as
3 follows:
4 3. "Certified patient" means a human patient or animal who is a resi-
5 dent of New York state or receiving care and treatment in New York state
6 as determined by the commissioner in regulation, and is certified under
7 section thirty-three hundred sixty-one of this title.
8 12. "Practitioner" means a practitioner who (i) is a physician
9 licensed by New York state and practicing within the state or is a
10 veterinarian licensed pursuant to article one hundred thirty-five of the
11 education law, (ii) who by training or experience is qualified to treat
12 a serious condition as defined in subdivision seven of this section; and
13 (iii) has completed a two to four hour course as determined by the
14 commissioner in regulation and registered with the department; provided
15 however, a registration shall not be denied without cause. Such course
16 may count toward board certification requirements. The commissioner
17 shall consider the inclusion of nurse practitioners under this title
18 based upon considerations including access and availability. After such
19 consideration the commissioner is authorized to deem nurse practitioners
20 as practitioners under this title.
21 § 2. Paragraph (a) of subdivision 7 of section 3360 of the public
22 health law, as amended by chapter 273 of the laws of 2018, is amended to
23 read as follows:
24 (a) "Serious condition" means:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01962-01-1
A. 5172 2
1 (i) having one of the following severe debilitating or life-threaten-
2 ing conditions: cancer, positive status for human immunodeficiency virus
3 or acquired immune deficiency syndrome, amyotrophic lateral sclerosis,
4 Parkinson's disease, multiple sclerosis, damage to the nervous tissue of
5 the spinal cord with objective neurological indication of intractable
6 spasticity, epilepsy, inflammatory bowel disease, neuropathies,
7 Huntington's disease, post-traumatic stress disorder, pain that degrades
8 health and functional capability where the use of medical marihuana is
9 an alternative to opioid use, substance use disorder, or as added by the
10 commissioner; [and]
11 (ii) any of the following conditions where it is clinically associated
12 with, or a complication of, a condition under this paragraph or its
13 treatment: cachexia or wasting syndrome; severe or chronic pain; severe
14 nausea; seizures; severe or persistent muscle spasms; or such conditions
15 as are added by the commissioner[.]; and
16 (iii) any medical condition that may benefit from treatment with
17 medical marihuana as determined by a veterinarian licensed pursuant to
18 article one hundred thirty-five of the education law.
19 § 3. This act shall take effect immediately; provided that the amend-
20 ments to title 5-A of article 33 of the public health law made by
21 sections one and two of this act shall not affect the repeal of such
22 title and shall be deemed repealed therewith.
