New York State Law

Public Health Law

Medical Use Of Marihuana


Title 5A - Article 33 - Public Health Law

MEDICAL USE OF MARIHUANA *

Section Description
3360Definitions.
3361Certification of patients.
3362Lawful medical use.
3363Registry identification cards.
3364Registered organizations.
3365Registering of registered organizations.
3365-aExpedited registration of registered organizations.
3366Reports by registered organizations.
3367Evaluation; research programs; report by department.
3368Relation to other laws.
3369Protections for the medical use of marihuana.
3369-aRegulations.
3369-bEffective date.
3369-cSuspend; terminate.
3369-dPricing.
3369-eSeverability.
 * NB Repealed July 5, 2021
  S 3360. Definitions. As  used  in this title, the following terms
  shall have the following meanings, unless the context  clearly  requires
  otherwise:
    1. "Certified medical use" means the acquisition, possession, use, or,
  transportation  of  medical  marihuana  by  a  certified patient, or the
  acquisition, possession, delivery, transportation or  administration  of
  medical  marihuana  by  a  designated  caregiver, for use as part of the
  treatment of  the  patient's  serious  condition,  as  authorized  in  a
  certification  under  this  title  including  enabling  the  patient  to
  tolerate treatment for the serious condition. A  certified  medical  use
  does not include smoking.
    2.  "Caring  for" means treating a patient, in the course of which the
  practitioner has completed a full assessment of  the  patient's  medical
  history and current medical condition.
    3.  "Certified  patient" means a patient who is a resident of New York
  state or receiving care and treatment in New York state as determined by
  the  commissioner  in  regulation,  and  is  certified   under   section
  thirty-three hundred sixty-one of this title.
    4.   "Certification"   means   a  certification,  made  under  section
  thirty-three hundred sixty-one of this title.
    5.  "Designated  caregiver"  means  the  individual  designated  by  a
  certified  patient  in  a  registry application. A certified patient may
  designate up to two designated caregivers.
    6. "Public place" means a public place as defined in regulation by the
  commissioner.
    7. (a) "Serious condition" means:
    (i)   having   one   of   the   following   severe   debilitating   or
  life-threatening   conditions:   cancer,   positive   status  for  human
  immunodeficiency  virus  or   acquired   immune   deficiency   syndrome,
  amyotrophic  lateral sclerosis, Parkinson's disease, multiple sclerosis,
  damage  to  the  nervous  tissue  of  the  spinal  cord  with  objective
  neurological    indication    of   intractable   spasticity,   epilepsy,
  inflammatory bowel disease, neuropathies, Huntington's  disease,  or  as
  added by the commissioner; and
    (ii) any of the following conditions where it is clinically associated
  with,  or  a  complication  of,  a condition under this paragraph or its
  treatment: cachexia or wasting syndrome; severe or chronic pain;  severe
  nausea; seizures; severe or persistent muscle spasms; or such conditions
  as are added by the commissioner.
    (b)  No  later  than  eighteen  months from the effective date of this
  section, the commissioner shall determine whether to add  the  following
  serious   conditions:   Alzheimer's,   muscular   dystrophy,   dystonia,
  post-traumatic stress disorder and rheumatoid arthritis.
    8. "Medical marihuana"  means  marihuana  as  defined  in  subdivision
  twenty-one of section thirty-three hundred two of this article, intended
  for a certified medical use, as determined by the commissioner in his or
  her  sole  discretion. Any form of medical marihuana not approved by the
  commissioner is expressly prohibited.
    9. "Registered organization" means  a  registered  organization  under
  sections   thirty-three  hundred  sixty-four  and  thirty-three  hundred
  sixty-five of this title.
    10. "Registry application" means an application properly completed and
  filed  with  the  department  by  a  certified  patient  under   section
  thirty-three hundred sixty-three of this title.
    11.  "Registry identification card" means a document that identifies a
  certified patient or designated caregiver,  as  provided  under  section
  thirty-three hundred sixty-three of this title.
    12.  "Practitioner"  means  a  practitioner  who  (i)  is  a physician
  licensed by New York state and practicing within the state, (ii) who  by
  training  or  experience  is  qualified  to treat a serious condition as
  defined in subdivision seven of this section; and (iii) has completed  a
  two  to four hour course as determined by the commissioner in regulation
  and registered with the department;  provided  however,  a  registration
  shall  not  be  denied without cause. Such course may count toward board
  certification  requirements.  The  commissioner   shall   consider   the
  inclusion   of   nurse   practitioners   under  this  title  based  upon
  considerations   including   access   and   availability.   After   such
  consideration the commissioner is authorized to deem nurse practitioners
  as practitioners under this title.
    13.  "Terminally ill" means an individual has a medical prognosis that
  the individual's life expectancy is approximately one year  or  less  if
  the illness runs its normal course.
    14. "Labor peace agreement" means an agreement between an entity and a
  labor  organization that, at a minimum, protects the state's proprietary
  interests by prohibiting labor organizations and members  from  engaging
  in   picketing,   work  stoppages,  boycotts,  and  any  other  economic
  interference with the registered organization's business.
    15. "Individual dose" means a single measure of raw medical  marihuana
  or non-infused concentrates to be determined and clearly identified by a
  patient's  practitioner  for the patient's specific certified condition.
  For ingestible or sub-lingual medical marihuana products, no  individual
  dose may contain more than ten milligrams of tetrahydrocannabinol.
    16.  "Form  of medical marihuana" means characteristics of the medical
  marihuana recommended or limited for  a  particular  certified  patient,
  including  the method of consumption and any particular strain, variety,
  and quantity or percentage of marihuana or particular active ingredient.
    17.  "Applicant"  means  a   for-profit   entity   or   not-for-profit
  corporation  and  includes:  board  members, officers, managers, owners,
  partners, principal stakeholders and members who submit  an  application
  to become a registered organization.
    18.  "Special  certification" means a special certification made under
  subdivision nine of  section  thirty-three  hundred  sixty-one  of  this
  title.
    * NB Repealed July 5, 2021

  * S 3361. Certification  of patients. 1. A patient certification may
  only be issued if: (a) a  practitioner  has  been  registered  with  the
  department  to  issue a certification as determined by the commissioner;
  (b) the patient has a serious condition, which shall be specified in the
  patient's health care  record;  (c)  the  practitioner  by  training  or
  experience  is qualified to treat the serious condition; (d) the patient
  is under the practitioner's continuing care for the  serious  condition;
  and  (e)  in  the practitioner's professional opinion and review of past
  treatments, the patient is likely to receive therapeutic  or  palliative
  benefit  from  the  primary  or adjunctive treatment with medical use of
  marihuana for the serious condition.
    2. The certification shall include (a) the name,  date  of  birth  and
  address  of  the patient; (b) a statement that the patient has a serious
  condition and the patient is  under  the  practitioner's  care  for  the
  serious  condition;  (c)  a statement attesting that all requirements of
  subdivision one of this section have been satisfied; (d) the  date;  and
  (e)  the  name,  address, federal registration number, telephone number,
  and the  handwritten  signature  of  the  certifying  practitioner.  The
  commissioner  may  require by regulation that the certification shall be
  on a form provided by the department. The practitioner may state in  the
  certification  that,  in  the  practitioner's  professional opinion, the
  patient would benefit from medical  marihuana  only  until  a  specified
  date.  The  practitioner  may  state  in  the certification that, in the
  practitioner's professional opinion, the patient is terminally  ill  and
  that the certification shall not expire until the patient dies.
    3. In making a certification, the practitioner shall consider the form
  of medical marihuana the patient should consume, including the method of
  consumption   and  any  particular  strain,  variety,  and  quantity  or
  percentage of marihuana or particular active ingredient, and appropriate
  dosage.  The  practitioner  shall  state  in   the   certification   any
  recommendation  or  limitation  the  practitioner  makes,  in his or her
  professional opinion,  concerning  the  appropriate  form  or  forms  of
  medical marihuana and dosage.
    4.  Every  practitioner shall consult the prescription monitoring drug
  program registry prior to making or issuing  a  certification,  for  the
  purpose  of  reviewing  a  patient's  controlled  substance history. For
  purposes of this section, a practitioner may  authorize  a  designee  to
  consult  the  prescription  monitoring  program  registry  on his or her
  behalf, provided that such designation is  in  accordance  with  section
  thirty-three hundred forty-three-a of this article.
    5.  The  practitioner  shall  give  the certification to the certified
  patient, and place a copy in the patient's health care record.
    6. No practitioner shall issue a certification under this section  for
  himself or herself.
    7.  A  registry  identification  card  based  on a certification shall
  expire one year after the  date  the  certification  is  signed  by  the
  practitioner.
    8.  (a)  If  the practitioner states in the certification that, in the
  practitioner's professional opinion,  the  patient  would  benefit  from
  medical marihuana only until a specified earlier date, then the registry
  identification card shall expire on that date;
    (b)  If  the  practitioner  states  in  the  certification that in the
  practitioner's professional opinion the patient is  terminally  ill  and
  that the certification shall not expire until the patient dies, then the
  registry  identification card shall state that the patient is terminally
  ill and that the registration card shall not expire  until  the  patient
  dies;
    (c)  If  the practitioner re-issues the certification to terminate the
  certification on an earlier date, then the registry identification  card
  shall  expire  on  that  date  and  shall  be  promptly  returned by the
  certified patient to the department;
    (d) If the certification so provides, the registry identification card
  shall  state  any recommendation or limitation by the practitioner as to
  the form or forms of medical  marihuana  or  dosage  for  the  certified
  patient; and
    (e)   The  commissioner  shall  make  regulations  to  implement  this
  subdivision.
    9.(a) A certification may be a special certification if,  in  addition
  to   the  other  requirements  for  a  certification,  the  practitioner
  certifies in the certification that the patient's serious  condition  is
  progressive  and  degenerative  or that delay in the patient's certified
  medical use of marihuana poses a serious risk to the patient's  life  or
  health.
    (b)  The  department  shall  create  the form to be used for a special
  certification and shall make that form available to be  downloaded  from
  the department's website.
    * NB Repealed July 5, 2021

   * S 3362. Lawful  medical  use. 1. The possession, acquisition, use,
  delivery,  transfer,  transportation,  or  administration   of   medical
  marihuana  by  a  certified patient or designated caregiver possessing a
  valid registry identification card, for certified medical use, shall  be
  lawful under this title; provided that:
    (a)  the  marihuana that may be possessed by a certified patient shall
  not exceed a thirty day supply  of  the  dosage  as  determined  by  the
  practitioner, consistent with any guidance and regulations issued by the
  commissioner, provided that during the last seven days of any thirty day
  period, the certified patient may also possess up to such amount for the
  next thirty day period;
    (b)  the marihuana that may be possessed by designated caregivers does
  not  exceed  the  quantities  referred  to  in  paragraph  (a)  of  this
  subdivision  for each certified patient for whom the caregiver possesses
  a valid registry identification card, up to five certified patients;
    (c) the form or forms of medical marihuana that may  be  possessed  by
  the   certified   patient   or   designated   caregiver  pursuant  to  a
  certification  shall  be  in  compliance  with  any  recommendation   or
  limitation  by  the  practitioner  as  to  the  form or forms of medical
  marihuana or dosage for the certified patient in the certification; and
    (d) the medical marihuana shall be kept in  the  original  package  in
  which  it was dispensed under subdivision twelve of section thirty-three
  hundred sixty-four of this title, except for  the  portion  removed  for
  immediate  consumption  for  certified  medical  use  by  the  certified
  patient.
    2. Notwithstanding subdivision one of this section:
    (a) possession of medical marihuana shall not  be  lawful  under  this
  title  if it is smoked, consumed, vaporized, or grown in a public place,
  regardless of the form of medical  marihuana  stated  in  the  patient's
  certification.
    (b)  a  person  possessing  medical  marihuana  under this title shall
  possess his or her registry identification card at  all  times  when  in
  immediate possession of medical marihuana.
    * NB Repealed July 5, 2021

 * S 3363. Registry  identification  cards.  1.  Upon approval of the
  certification, the department shall issue registry identification  cards
  for   certified   patients   and   designated   caregivers.  A  registry
  identification card shall expire as  provided  in  section  thirty-three
  hundred  sixty-one  of  this  title  or  as  otherwise  provided in this
  section. The department  shall  begin  issuing  registry  identification
  cards  as  soon  as  practicable  after  the  certifications required by
  section thirty-three hundred sixty-nine-b are  granted.  The  department
  may  specify  a  form  for  a  registry  application,  in which case the
  department shall provide the form on request, reproductions of the  form
  may  be  used,  and the form shall be available for downloading from the
  department's website.
    2. To obtain,  amend  or  renew  a  registry  identification  card,  a
  certified   patient  or  designated  caregiver  shall  file  a  registry
  application with the department. The  registry  application  or  renewal
  application shall include:
    (a) in the case of a certified patient:
    (i)  the patient's certification (a new written certification shall be
  provided with a renewal application);
    (ii) the name, address, and date of birth of the patient;
    (iii) the date of the certification;
    (iv) if the patient has a registry  identification  card  based  on  a
  current  valid  certification,  the  registry  identification number and
  expiration date of that registry identification card;
    (v) the specified date until which  the  patient  would  benefit  from
  medical marihuana, if the certification states such a date;
    (vi)  the  name,  address,  federal registration number, and telephone
  number of the certifying practitioner;
    (vii) any recommendation or limitation by the practitioner as  to  the
  form  or forms of medical marihuana or dosage for the certified patient;
  and
    (viii)  other  individual  identifying  information  required  by  the
  department;
    (b)  in  the  case of a certified patient, if the patient designates a
  designated caregiver, the name,  address,  and  date  of  birth  of  the
  designated  caregiver,  and  other  individual  identifying  information
  required by the department;
    (c) in the case of a designated caregiver:
    (i) the name, address, and date of birth of the designated caregiver;
    (ii) if the designated caregiver has a registry  identification  card,
  the  registry identification number and expiration date of that registry
  identification card; and
    (iii)  other  individual  identifying  information  required  by   the
  department;
    (d)  a  statement  that  a  false statement made in the application is
  punishable under section 210.45 of the penal law;
    (e) the date of the application and the  signature  of  the  certified
  patient or designated caregiver, as the case may be;
    (f)  a fifty dollar application fee, provided, that the department may
  waive or reduce the fee in cases of financial hardship; and
    (g) any other requirements determined by the commissioner.
    3. Where a certified patient is under the age of eighteen:
    (a) The application for a registry identification card shall  be  made
  by  an  appropriate person over twenty-one years of age. The application
  shall state facts demonstrating that the person is appropriate.
    (b) The designated caregiver shall be (i) a parent or  legal  guardian
  of  the certified patient, (ii) a person designated by a parent or legal
  guardian, or (iii) an appropriate person approved by the department upon
  a sufficient showing that no parent or legal guardian is appropriate  or
  available.
    4.  No  person  may  be  a designated caregiver if the person is under
  twenty-one years of age unless a  sufficient  showing  is  made  to  the
  department  that the person should be permitted to serve as a designated
  caregiver. The requirements for such a showing shall  be  determined  by
  the commissioner.
    5.  No  person  may  be  a  designated  caregiver  for  more than five
  certified patients at one time.
    6. If a certified patient wishes to change or  terminate  his  or  her
  designated  caregiver,  for whatever reason, the certified patient shall
  notify the department as soon as practicable. The department shall issue
  a notification to the designated caregiver that their registration  card
  is  invalid  and  must be promptly returned to the department. The newly
  designated caregiver must comply with all requirements set forth in this
  section.
    7. If the certification so provides, the registry identification  card
  shall contain any recommendation or limitation by the practitioner as to
  the  form  or  forms  of  medical  marihuana or dosage for the certified
  patient.
    8. The department shall issue separate registry  identification  cards
  for  certified  patients and designated caregivers as soon as reasonably
  practicable after receiving a complete application under  this  section,
  unless  it  determines  that  the application is incomplete or factually
  inaccurate, in which case it shall promptly notify the applicant.
    9. If the application of a certified patient designates an  individual
  as  a  designated  caregiver  who  is  not authorized to be a designated
  caregiver, that portion of  the  application  shall  be  denied  by  the
  department  but that shall not affect the approval of the balance of the
  application.
    10. A registry identification card shall:
    (a) contain the name  of  the  certified  patient  or  the  designated
  caregiver as the case may be;
    (b)  contain  the date of issuance and expiration date of the registry
  identification card;
    (c) contain a registry identification number for the certified patient
  or  designated  caregiver,  as  the  case  may   be   and   a   registry
  identification number;
    (d)  contain  a  photograph  of  the  individual  to whom the registry
  identification card is being issued, which  shall  be  obtained  by  the
  department  in  a  manner  specified by the commissioner in regulations;
  provided, however, that if the department requires certified patients to
  submit photographs  for  this  purpose,  there  shall  be  a  reasonable
  accommodation  of certified patients who are confined to their homes due
  to their medical conditions and may therefore have difficulty  procuring
  photographs;
    (e) be a secure document as determined by the department;
    (f) plainly state any recommendation or limitation by the practitioner
  as to the form or forms of medical marihuana or dosage for the certified
  patient; and
    (g) any other requirements determined by the commissioner.
    11.  A certified patient or designated caregiver who has been issued a
  registry identification card shall notify the department of  any  change
  in  his or her name or address or, with respect to the patient, if he or
  she ceases to have the serious  condition  noted  on  the  certification
  within  ten  days  of such change. The certified patient's or designated
  caregiver's registry identification card shall  be  deemed  invalid  and
  shall be returned promptly to the department.
    12.  If  a  certified patient or designated caregiver loses his or her
  registry identification card, he or she shall notify the department  and
  submit  a  twenty-five  dollar fee within ten days of losing the card to
  maintain the registration. The department may establish higher fees  for
  issuing  a  new  registry  identification card for second and subsequent
  replacements for a lost card, provided, that the department may waive or
  reduce the fee in cases of  financial  hardship.  The  department  shall
  issue  a  new registry identification card as soon as practicable, which
  may contain a new  registry  identification  number,  to  the  certified
  patient  or  designated  caregiver,  as  the  case may be. The certified
  patient or designated caregiver shall not  be  able  to  obtain  medical
  marihuana until the certified patient receives a new card.
    13.  The  department shall maintain a confidential list of the persons
  to  whom  it  has  issued  registry  identification  cards.   Individual
  identifying  information  obtained  by  the  department under this title
  shall be confidential and exempt from disclosure under  article  six  of
  the   public   officers   law.  Notwithstanding  this  subdivision,  the
  department  may  notify  any  appropriate  law  enforcement  agency   of
  information  relating  to  any  violation or suspected violation of this
  title.
    14. The department shall verify to law  enforcement  personnel  in  an
  appropriate case whether a registry identification card is valid.
    15.  If a certified patient or designated caregiver willfully violates
  any provision of this title as determined by the department, his or  her
  registry  identification  card  may  be suspended or revoked. This is in
  addition to any other penalty that may apply.
    16.   The   commissioner   shall   make   regulations   for    special
  certifications,  which  shall include expedited procedures and which may
  require the applicant to submit  additional  documentation  establishing
  the  clinical basis for the special certification. If the department has
  not established and made available a form for a registry application  or
  renewal  application  and  determined  the  application  fee  if any, or
  established and made available a form  for  a  registry  application  or
  renewal  application  and  determined  the application fee for a special
  certification, then in the case of a special certification,  a  registry
  application  or  renewal  application  that  otherwise conforms with the
  requirements of this section shall not require the use of a form or  the
  payment of an application fee.
    * NB Repealed July 5, 2021

  * S 3364. Registered organizations. 1. A registered organization shall
  be  a for-profit business entity or not-for-profit corporation organized
  for  the  purpose  of  acquiring,  possessing,  manufacturing,  selling,
  delivering,  transporting,  distributing  or  dispensing  marihuana  for
  certified medical use.
    2.   The   acquiring,   possession,   manufacture,   sale,   delivery,
  transporting,  distributing  or  dispensing of marihuana by a registered
  organization under this title in accordance with its registration  under
  section  thirty-three  hundred  sixty-five  of  this  title or a renewal
  thereof shall be lawful under this title.
    3. Each registered organization shall  contract  with  an  independent
  laboratory  to  test  the  medical  marihuana produced by the registered
  organization. The commissioner shall approve the laboratory and  require
  that the laboratory report testing results in a manner determined by the
  commissioner.   The  commissioner  is  authorized  to  issue  regulation
  requiring the laboratory to perform certain tests and services.
    4. (a) A registered organization may lawfully, in  good  faith,  sell,
  deliver, distribute or dispense medical marihuana to a certified patient
  or designated caregiver upon presentation to the registered organization
  of  a  valid  registry identification card for that certified patient or
  designated caregiver. When presented with  the  registry  identification
  card, the registered organization shall provide to the certified patient
  or designated caregiver a receipt, which shall state: the name, address,
  and  registry  identification number of the registered organization; the
  name and registry identification number of the certified patient and the
  designated caregiver (if any); the date  the  marihuana  was  sold;  any
  recommendation or limitation by the practitioner as to the form or forms
  of  medical  marihuana or dosage for the certified patient; and the form
  and the quantity of medical marihuana sold. The registered  organization
  shall  retain a copy of the registry identification card and the receipt
  for six years.
    (b) The proprietor of a registered organization shall file or cause to
  be filed any receipt and certification information with  the  department
  by  electronic  means  on  a  real  time basis as the commissioner shall
  require by regulation. When filing receipt and certification information
  electronically  pursuant  to  this  paragraph,  the  proprietor  of  the
  registered  organization  shall  dispose  of any electronically recorded
  prescription information in such manner as  the  commissioner  shall  by
  regulation require.
    5.  (a)  No  registered  organization may sell, deliver, distribute or
  dispense to any certified patient or designated caregiver a quantity  of
  medical  marihuana  larger  than  that  individual  would  be allowed to
  possess under this title.
    (b) When dispensing  medical  marihuana  to  a  certified  patient  or
  designated caregiver, the registered organization (i) shall not dispense
  an  amount greater than a thirty day supply to a certified patient until
  the certified patient has exhausted all but a seven day supply  provided
  pursuant to a previously issued certification, and (ii) shall verify the
  information  in  subparagraph  (i)  of  this paragraph by consulting the
  prescription monitoring  program  registry  under  section  thirty-three
  hundred forty-three-a of this article.
    (c)  Medical  marihuana dispensed to a certified patient or designated
  caregiver  by  a  registered   organization   shall   conform   to   any
  recommendation or limitation by the practitioner as to the form or forms
  of medical marihuana or dosage for the certified patient.
    6.  When  a  registered  organization  sells, delivers, distributes or
  dispenses  medical  marihuana  to  a  certified  patient  or  designated
  caregiver,  it  shall  provide to that individual a safety insert, which
  will be developed and approved by the commissioner and include, but  not
  be limited to, information on:
    (a) methods for administering medical marihuana in individual doses,
    (b) any potential dangers stemming from the use of medical marihuana,
    (c)  how  to  recognize  what  may  be  problematic  usage  of medical
  marihuana and obtain appropriate services or treatment  for  problematic
  usage, and
    (d) other information as determined by the commissioner.
    7.  Registered  organizations shall not be managed by or employ anyone
  who has been convicted of any felony of sale  or  possession  of  drugs,
  narcotics,  or controlled substances provided that this subdivision only
  applies to (a) managers or employees  who  come  into  contact  with  or
  handle  medical marihuana, and (b) a conviction less than ten years (not
  counting time spent in incarceration) prior to being employed, for which
  the person has not received a certificate of relief from disabilities or
  a  certificate  of  good  conduct  under  article  twenty-three  of  the
  correction law.
    8.  Manufacturing  of  medical  marihuana by a registered organization
  shall only be done in an indoor, enclosed, secure  facility  located  in
  New  York  state, which may include a greenhouse. The commissioner shall
  promulgate regulations establishing requirements for such facilities.
    9. Dispensing of medical marihuana by a registered organization  shall
  only be done in an indoor, enclosed, secure facility located in New York
  state, which may include a greenhouse. The commissioner shall promulgate
  regulations establishing requirements for such facilities.
    10. A registered organization shall determine the quality, safety, and
  clinical  strength of medical marihuana manufactured or dispensed by the
  registered  organization,  and  shall  provide  documentation  of   that
  quality,  safety  and  clinical  strength  to  the department and to any
  person or entity to which the medical marihuana is sold or dispensed.
    11. A registered organization shall be deemed to  be  a  "health  care
  provider"  for  the  purposes  of  title  two-D  of  article two of this
  chapter.
    12. Medical marihuana shall be dispensed to  a  certified  patient  or
  designated  caregiver  in  a  sealed  and  properly labeled package. The
  labeling shall contain: (a) the information required to be  included  in
  the receipt provided to the certified patient or designated caregiver by
  the  registered organization; (b) the packaging date; (c) any applicable
  date by which the medical  marihuana  should  be  used;  (d)  a  warning
  stating,  "This  product  is  for  medicinal  use only. Women should not
  consume during pregnancy or while breastfeeding except on the advice  of
  the   certifying   health   care   practitioner,  and  in  the  case  of
  breastfeeding mothers, including the infant's pediatrician. This product
  might impair the ability to drive. Keep out of reach of children.";  (e)
  the  amount of individual doses contained within; and (f) a warning that
  the medical marihuana must be kept in the original container in which it
  was dispensed.
    13. The commissioner is  authorized  to  make  rules  and  regulations
  restricting  the  advertising  and marketing of medical marihuana, which
  shall be consistent with the federal regulations governing  prescription
  drug advertising and marketing.
    * NB Repealed July 5, 2021

  * S 3365. Registering of registered organizations. 1. Application for
  initial registration. (a) An applicant for registration as a  registered
  organization under section thirty-three hundred sixty-four of this title
  shall include such information prepared in such manner and detail as the
  commissioner may require, including but not limited to:
    (i) a description of the activities in which it intends to engage as a
  registered organization;
    (ii) that the applicant:
    (A) is of good moral character;
    (B)  possesses or has the right to use sufficient land, buildings, and
  other premises  (which  shall  be  specified  in  the  application)  and
  equipment   to   properly   carry  on  the  activity  described  in  the
  application, or in the alternative posts a bond of  not  less  than  two
  million dollars;
    (C)  is  able  to  maintain  effective security and control to prevent
  diversion, abuse, and other illegal conduct relating to the marihuana;
    (D) is able to comply with all applicable state laws  and  regulations
  relating  to  the  activities  in  which  it intends to engage under the
  registration;
    (iii) that the applicant has entered into a labor peace agreement with
  a bona-fide labor organization that is actively engaged in  representing
  or attempting to represent the applicant's employees. The maintenance of
  such  a  labor peace agreement shall be an ongoing material condition of
  certification.
    (iv)  the  applicant's  status  under  subdivision  one   of   section
  thirty-three hundred sixty-four of this title; and
    (v)  the  application  shall  include  the name, residence address and
  title of each of the officers and directors and the name  and  residence
  address  of any person or entity that is a member of the applicant. Each
  such person, if an individual,  or  lawful  representative  if  a  legal
  entity, shall submit an affidavit with the application setting forth:
    (A)  any  position of management or ownership during the preceding ten
  years of a ten per centum or greater interest  in  any  other  business,
  located in or outside this state, manufacturing or distributing drugs;
    (B)  whether  such person or any such business has been convicted of a
  felony or had a registration or license  suspended  or  revoked  in  any
  administrative or judicial proceeding; and
    (C) such other information as the commissioner may reasonably require.
    2.  Duty  to report. The applicant shall be under a continuing duty to
  report to the department any change in facts or circumstances  reflected
  in  the  application  or  any  newly  discovered  or  occurring  fact or
  circumstance which is required to be included in the application.
    3. Granting of  registration.  (a)  The  commissioner  shall  grant  a
  registration  or amendment to a registration under this section if he or
  she is satisfied that:
    (i) the applicant will be able to maintain effective  control  against
  diversion of marihuana;
    (ii)  the  applicant  will be able to comply with all applicable state
  laws;
    (iii) the applicant and its officers are ready, willing  and  able  to
  properly carry on the manufacturing or distributing activity for which a
  registration is sought;
    (iv)  the applicant possesses or has the right to use sufficient land,
  buildings and equipment to properly carry on the activity  described  in
  the application;
    (v)  it  is  in the public interest that such registration be granted;
  the  commissioner  may  consider  whether  the  number   of   registered
  organizations  in  an  area  will be adequate or excessive to reasonably
  serve the area;
    (vi)  the  applicant  and  its  managing  officers  are  of good moral
  character;
    (vii) the applicant has entered into a labor peace  agreement  with  a
  bona-fide labor organization that is actively engaged in representing or
  attempting to represent the applicant's employees; and
    (viii)  the  applicant satisfies any other conditions as determined by
  the commissioner.
    (b) If the commissioner is not satisfied that the applicant should  be
  issued  a  registration, he or she shall notify the applicant in writing
  of those factors upon which further evidence is required. Within  thirty
  days  of  the  receipt  of  such  notification, the applicant may submit
  additional material to the commissioner or demand a hearing, or both.
    (c) The  fee  for  a  registration  under  this  section  shall  be  a
  reasonable amount determined by the department in regulations; provided,
  however,  if  the  registration  is issued for a period greater than two
  years the fee shall be increased, pro rata, for each additional month of
  validity.
    (d) Registrations issued under this section shall  be  effective  only
  for the registered organization and shall specify:
    (i) the name and address of the registered organization;
    (ii)  which  activities  of a registered organization are permitted by
  the registration;
    (iii) the land, buildings and facilities that  may  be  used  for  the
  permitted activities of the registered organization; and
    (iv)  such  other  information  as  the  commissioner shall reasonably
  provide to assure compliance with this title.
    (e) Upon application of a registered organization, a registration  may
  be  amended  to allow the registered organization to relocate within the
  state or to add or delete permitted registered  organization  activities
  or  facilities.  The  fee  for such amendment shall be two hundred fifty
  dollars.
    4. A registration issued under this section shall  be  valid  for  two
  years  from  the  date  of issue, except that in order to facilitate the
  renewals of such registrations, the commissioner may  upon  the  initial
  application  for  a  registration,  issue  some  registrations which may
  remain valid for a period  of  time  greater  than  two  years  but  not
  exceeding an additional eleven months.
    5.  Applications  for renewal of registrations. (a) An application for
  the renewal of any registration issued under this section shall be filed
  with the department not more than six months nor less than  four  months
  prior  to  the  expiration  thereof.  A  late-filed  application for the
  renewal of a registration may, in the discretion of the commissioner, be
  treated as an application for an initial license.
    (b)  The  application  for  renewal  shall  include  such  information
  prepared  in  the  manner  and  detail  as the commissioner may require,
  including but not limited to:
    (i) any material change in the  circumstances  or  factors  listed  in
  subdivision one of this section; and
    (ii)  every known charge or investigation, pending or concluded during
  the period of the registration, by any  governmental  or  administrative
  agency with respect to:
    (A)  each  incident  or alleged incident involving the theft, loss, or
  possible diversion of  marihuana  manufactured  or  distributed  by  the
  applicant; and
    (B)  compliance  by  the  applicant  with  the  laws of the state with
  respect to any substance listed in section thirty-three hundred  six  of
  this article.
    (c)  An  applicant  for  renewal  shall  be under a continuing duty to
  report to the department any change in facts or circumstances  reflected
  in  the  application  or  any  newly  discovered  or  occurring  fact or
  circumstance which is required to be included in the application.
    (d) If the  commissioner  is  not  satisfied  that  the  applicant  is
  entitled  to  a  renewal  of  the registration, he or she shall within a
  reasonably practicable time as determined  by  the  commissioner,  serve
  upon  the  applicant  or  his  or her attorney of record in person or by
  registered or certified mail an order directing the  applicant  to  show
  cause  why  his or her application for renewal should not be denied. The
  order shall specify in detail the respects in which  the  applicant  has
  not satisfied the commissioner that the registration should be renewed.
    (e)  Within  a  reasonably  practicable  time  as  determined  by  the
  commissioner of such order, the applicant may submit additional material
  to the commissioner or demand  a  hearing  or  both.  If  a  hearing  is
  demanded  the  commissioner  shall  fix  a  date  as  soon as reasonably
  practicable.
    6. Granting of renewal of registrations. (a)  The  commissioner  shall
  renew a registration unless he or she determines and finds that:
    (i)  the  applicant  is  unlikely  to  maintain or be able to maintain
  effective control against diversion; or
    (ii)  the  applicant  is  unlikely  to  comply  with  all  state  laws
  applicable   to  the  activities  in  which  it  may  engage  under  the
  registration; or
    (iii) it is not in the  public  interest  to  renew  the  registration
  because  the  number of registered organizations in an area is excessive
  to reasonably serve the area; or
    (iv) the applicant has either violated or terminated its  labor  peace
  agreement.
    (b)   For   purposes   of   this  section,  proof  that  a  registered
  organization, during the period  of  its  registration,  has  failed  to
  maintain  effective control against diversion, violates any provision of
  this article, or has knowingly or  negligently  failed  to  comply  with
  applicable  state  laws  relating  to the activities in which it engages
  under the registration,  shall  constitute  grounds  for  suspension  or
  termination  of the registered organization's registration as determined
  by the commissioner. The registered organization shall also be  under  a
  continuing  duty to report to the department any material change or fact
  or  circumstance  to  the  information  provided   in   the   registered
  organization's application.
    7.  The  department  may  suspend  or  terminate the registration of a
  registered organization, on grounds  and  using  procedures  under  this
  article relating to a license, to the extent consistent with this title.
  The  department shall suspend or terminate the registration in the event
  that a registered organization violates  or  terminates  the  applicable
  labor  peace  agreement. Conduct in compliance with this title which may
  violate conflicting federal law, shall not  be  grounds  to  suspend  or
  terminate a registration.
    8.  The  department  shall  begin issuing registrations for registered
  organizations as soon as practicable after the  certifications  required
  by section thirty-three hundred sixty-nine-b of this title are given.
    9.  The  commissioner  shall  register  no  more  than five registered
  organizations that manufacture medical marihuana with no more than  four
  dispensing   sites   wholly   owned  and  operated  by  such  registered
  organization.  The  commissioner  shall  ensure  that  such   registered
  organizations and dispensing sites are geographically distributed across
  the   state.   The   commission   may   register  additional  registered
  organizations.
    * NB Repealed July 5, 2021

  * S  3365-a.  Expedited  registration  of registered organizations. 1.
  There is hereby established  in  the  department  an  emergency  medical
  marihuana  access program (referred to in this section as the "program")
  under this section. The purpose  of  the  program  is  to  expedite  the
  availability  of  medical marihuana to avoid suffering and loss of life,
  during the period before full implementation  of  and  production  under
  this  title,  especially in the case of patients whose serious condition
  is progressive and degenerative or is such that delay in  the  patient's
  medical  use  of marihuana poses a serious risk to the patient's life or
  health. The commissioner shall implement the program as expeditiously as
  practicable, including by emergency regulation.
    2. The department shall begin accepting  and  acting  on  applications
  under  this  section for registered organizations as soon as practicable
  after the effective date of this section.
    3. For the purposes of this section, and for specified limited  times,
  the  commissioner  may  waive or modify the requirements of this article
  relating to registered organizations, consistent  with  the  legislative
  intent  and  purpose  of  this  title  and this section. Where an entity
  seeking to be a registered organization under the program operates in  a
  jurisdiction  other than the state of New York, under licensure or other
  governmental recognition of that jurisdiction,  and  the  laws  of  that
  jurisdiction  are  acceptable to the commissioner as consistent with the
  legislative intent and purpose of this title and this section, then  the
  commissioner  may  accept  that  licensure  or  recognition as wholly or
  partially satisfying the requirements of this title, for purposes of the
  registration and operation of  the  registered  organization  under  the
  program and this section.
    4.  In  considering  an  application  for registration as a registered
  organization under this section, the commissioner shall give  preference
  to the following:
    (a)  an  applicant  that  is currently producing or providing or has a
  history  of  producing  or  providing  medical  marihuana   in   another
  jurisdiction in full compliance with the laws of the jurisdiction;
    (b)  an  applicant  that  is  able  and  qualified  to  both  produce,
  distribute, and dispense medical marihuana to patients expeditiously;
    (c) an applicant that proposes a location or locations for  dispensing
  by  the  registered  organization,  which ensure, to the greatest extent
  possible, that certified patients  with  a  special  certification  have
  access to a registered organization.
    5. The commissioner may make regulations under this section:
    (a) limiting registered organizations registered under this section to
  serving patients with special certifications;
    (b)    limiting    the    allowable    levels   of   cannabidiol   and
  tetrahydrocannabinol  that  may  be  contained  in   medical   marihuana
  authorized under the program, based on therapeutics and patient safety.
    6.  A  registered  organization  under  this  section  may apply under
  section thirty-three hundred sixty-five of  this  title  to  receive  or
  renew registration.
    * NB Repealed July 5, 2021

  * S 3366. Reports  by  registered organizations. 1. The commissioner
  shall, by regulation,  require  each  registered  organization  to  file
  reports  by  the registered organization during a particular period. The
  commissioner shall determine the information  to  be  reported  and  the
  forms, time, and manner of the reporting.
    2.  The  commissioner  shall,  by  regulation, require each registered
  organization to adopt and maintain security, tracking,  record  keeping,
  record  retention  and  surveillance  systems,  relating  to all medical
  marihuana at every stage of acquiring,  possession,  manufacture,  sale,
  delivery,  transporting,  distributing,  or dispensing by the registered
  organization, subject to regulations of the commissioner.
    * NB Repealed July 5, 2021

  * S 3367. Evaluation; research programs; report by department. 1. The
  commissioner  may  provide  for  the  analysis  and  evaluation  of  the
  operation of this title. The commissioner may enter into agreements with
  one or more persons, not-for-profit corporations or other organizations,
  for   the  performance  of  an  evaluation  of  the  implementation  and
  effectiveness of this title.
    2. The department may develop, seek  any  necessary  federal  approval
  for,  and  carry  out  research  programs  relating  to  medical  use of
  marihuana.    Participation  in  any  such  research  program  shall  be
  voluntary  on  the  part  of  practitioners,  patients,  and  designated
  caregivers.
    3. The department shall report every two years,  beginning  two  years
  after  the  effective  date  of  this  title,  to  the  governor and the
  legislature on the medical use of marihuana under this  title  and  make
  appropriate recommendations.
    * NB Repealed July 5, 2021

    * S 3368. Relation  to  other  laws.  1.  (a) The provisions of this
  article shall apply to this title, except that where a provision of this
  title conflicts with another provision of this article, this title shall
  apply.
    (b) Medical marihuana shall not be deemed to be a "drug" for  purposes
  of article one hundred thirty-seven of the education law.
    2.  Nothing  in this title shall be construed to require an insurer or
  health plan under this chapter or the insurance law to provide  coverage
  for  medical  marihuana.  Nothing  in  this  title shall be construed to
  require coverage for medical marihuana under article twenty-five of this
  chapter or article five of the social services law.
    * NB Repealed July 5, 2021

    * S 3369. Protections for the medical use of marihuana. 1. Certified
  patients, designated caregivers, practitioners, registered organizations
  and the employees of registered organizations shall not  be  subject  to
  arrest,  prosecution,  or  penalty in any manner, or denied any right or
  privilege, including but not limited to civil  penalty  or  disciplinary
  action  by a business or occupational or professional licensing board or
  bureau,  solely  for  the  certified  medical  use  or  manufacture   of
  marihuana,  or  for  any other action or conduct in accordance with this
  title.
    2. Non-discrimination. Being a certified patient shall be deemed to be
  having a "disability" under article fifteen of the executive law  (human
  rights  law),  section forty-c of the civil rights law, sections 240.00,
  485.00, and 485.05 of the penal law, and section 200.50 of the  criminal
  procedure  law.  This  subdivision  shall  not  bar the enforcement of a
  policy prohibiting an employee from performing  his  or  her  employment
  duties  while impaired by a controlled substance. This subdivision shall
  not require any person or entity to do any act that would put the person
  or entity in violation of federal law or cause  it  to  lose  a  federal
  contract or funding.
    3.  The  fact  that  a  person is a certified patient and/or acting in
  accordance with this title, shall not be a consideration in a proceeding
  pursuant to applicable sections  of  the  domestic  relations  law,  the
  social services law and the family court act.
    4.  Certification  applications,  certification  forms,  any certified
  patient information contained within a database, and copies of  registry
  identification cards shall be deemed exempt from public disclosure under
  sections eighty-seven and eighty-nine of the public officers law.
    * NB Repealed July 5, 2021

   * S 3369-a. Regulations.  The commissioner shall make regulations to
  implement this title.
    * NB Repealed July 5, 2021

  * S 3369-b. Effective   date.  Registry  identification  cards  or
  registered  organization  registrations  shall  be  issued   or   become
  effective  no later than eighteen months from signing or until such time
  as the commissioner and the superintendent of state police certify  that
  this  title  can  be  implemented  in  accordance with public health and
  safety interests, whichever event comes later.
    * NB Repealed July 5, 2021

  * S 3369-c. Suspend; terminate. Based upon the recommendation of the
  commissioner and/or the superintendent of state police that there  is  a
  risk  to  the  public  health  or  safety,  the governor may immediately
  terminate all licenses issued to registered organizations.
    * NB Repealed July 5, 2021

    * S 3369-d. Pricing.  1. Every sale of medical marihuana shall be at
  the price determined by the commissioner. Every charge made or  demanded
  for medical marihuana not in accordance with the price determined by the
  commissioner, is prohibited.
    2.  The commissioner is hereby authorized to set the per dose price of
  each form of medical marihuana sold by any registered  organization.  In
  setting  the  per  dose  price  of  each  form of medical marihuana, the
  commissioner shall consider the fixed and variable  costs  of  producing
  the  form  of marihuana and any other factor the commissioner, in his or
  her discretion, deems relevant to determining the per dose price of each
  form of medical marihuana.
    * NB Repealed July 5, 2021

    * S 3369-e. Severability. If any clause, sentence, paragraph, section
  or part of this  act  shall  be  adjudged  by  any  court  of  competent
  jurisdiction  to  be  invalid, the judgment shall not affect, impair, or
  invalidate the remainder thereof, but shall be confined in its operation
  to the clause, sentence, paragraph, section  or  part  thereof  directly
  involved  in  the  controversy  in  which  the  judgment shall have been
  rendered.
    * NB Repealed July 5, 2021

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