assembly Bill A6357E

Signed by Governor

Relates to the medical use of marihuana

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Sponsor

GOTTFRIED

Co-Sponsors

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Multi-Sponsors

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 26 / Mar / 2013
    • REFERRED TO HEALTH
  • 16 / Apr / 2013
    • REPORTED REFERRED TO CODES
  • 30 / Apr / 2013
    • REPORTED REFERRED TO WAYS AND MEANS
  • 29 / May / 2013
    • REPORTED
  • 31 / May / 2013
    • ADVANCED TO THIRD READING CAL.477
  • 03 / Jun / 2013
    • PASSED ASSEMBLY
  • 03 / Jun / 2013
    • DELIVERED TO SENATE
  • 03 / Jun / 2013
    • REFERRED TO HEALTH
  • 17 / Jun / 2013
    • RECALLED FROM SENATE
  • 17 / Jun / 2013
    • RETURNED TO ASSEMBLY
  • 17 / Jun / 2013
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 17 / Jun / 2013
    • AMENDED ON THIRD READING 6357A
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 14 / Jan / 2014
    • REPORTED REFERRED TO CODES
  • 20 / May / 2014
    • REPORTED REFERRED TO WAYS AND MEANS
  • 21 / May / 2014
    • AMEND AND RECOMMIT TO WAYS AND MEANS
  • 21 / May / 2014
    • PRINT NUMBER 6357B
  • 27 / May / 2014
    • REPORTED REFERRED TO RULES
  • 27 / May / 2014
    • REPORTED
  • 27 / May / 2014
    • RULES REPORT CAL.41
  • 27 / May / 2014
    • ORDERED TO THIRD READING RULES CAL.41
  • 27 / May / 2014
    • PASSED ASSEMBLY
  • 27 / May / 2014
    • DELIVERED TO SENATE
  • 27 / May / 2014
    • REFERRED TO CODES
  • 09 / Jun / 2014
    • RECALLED FROM SENATE
  • 09 / Jun / 2014
    • RETURNED TO ASSEMBLY
  • 09 / Jun / 2014
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 09 / Jun / 2014
    • AMENDED ON THIRD READING 6357C
  • 16 / Jun / 2014
    • RECOMMITTED TO RULES
  • 16 / Jun / 2014
    • AMEND AND RECOMMIT TO RULES 6357D
  • 19 / Jun / 2014
    • AMEND (T) AND RECOMMIT TO RULES
  • 19 / Jun / 2014
    • PRINT NUMBER 6357E
  • 19 / Jun / 2014
    • REPORTED
  • 19 / Jun / 2014
    • RULES REPORT CAL.598
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.598
  • 19 / Jun / 2014
    • MESSAGE OF NECESSITY - 3 DAY MESSAGE
  • 19 / Jun / 2014
    • REPASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 19 / Jun / 2014
    • REFERRED TO RULES
  • 20 / Jun / 2014
    • SUBSTITUTED FOR S7923
  • 20 / Jun / 2014
    • 3RD READING CAL.1659
  • 20 / Jun / 2014
    • MESSAGE OF NECESSITY - 3 DAY MESSAGE
  • 20 / Jun / 2014
    • PASSED SENATE
  • 20 / Jun / 2014
    • RETURNED TO ASSEMBLY
  • 24 / Jun / 2014
    • DELIVERED TO GOVERNOR
  • 05 / Jul / 2014
    • SIGNED CHAP.90

Summary

Relates to the medical use of marihuana; legalizes the possession, manufacture, use, delivery, transport or administration of medical marihuana by a designated caregiver for a certified medical use; prescribes procedures for such possession, acquisition, etc. including certification of patients by their practitioner, and that, in the practitioner's professional judgment, the patient would receive therapeutic or palliative benefit from use of medical marihuana.

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Bill Details

See Senate Version of this Bill:
S7923
Versions:
A6357
A6357A
A6357B
A6357C
A6357D
A6357E
Legislative Cycle:
2013-2014
Law Section:
Public Health Law
Laws Affected:
Add Art 33 Title 5-A §§3360 - 3369-e, amd §3371, Pub Health L; add Art 20-B §§490 & 491, amd §171-a, Tax L; add §89-h, St Fin L; amd §853, Gen Bus L; amd §221.00, add Art 179 §§179.00 - 179.15, Pen L; amd §§216.00 & 410.91, CP L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6357--E

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced  by  M.  of A. GOTTFRIED, LUPARDO, CAHILL, CLARK, CYMBROWITZ,
  DINOWITZ, HEVESI, LAVINE, PAULIN, PEOPLES-STOKES,  ROSENTHAL,  TITONE,
  ARROYO,  BRONSON, BROOK-KRASNY, COOK, CRESPO, DenDEKKER, FAHY, JAFFEE,
  KAVANAGH, LIFTON, OTIS, RIVERA,  ROBERTS,  SKARTADOS,  STECK,  WEPRIN,
  ZEBROWSKI, SEPULVEDA, KATZ, MILLER, O'DONNELL -- Multi-Sponsored by --
  M.  of  A.    ABINANTI, AUBRY, BRAUNSTEIN, BRENNAN, BUCHWALD, FARRELL,
  GALEF, GLICK, HIKIND, JACOBS, KELLNER, MAGEE, MARKEY, McDONALD,  MILL-
  MAN,  MOSLEY,  MOYA, PERRY, PRETLOW, ROBINSON, RODRIGUEZ, SCARBOROUGH,
  SCHIMEL, SWEENEY, WALTER, WEISENBERG, WRIGHT --  (at  request  of  the
  Governor)  --  read  once  and  referred to the Committee on Health --
  reported and referred to  the  Committee  on  Codes  --  reported  and
  referred  to the Committee on Ways and Means -- passed by Assembly and
  delivered to the Senate, recalled from the Senate, vote  reconsidered,
  bill  amended,  ordered reprinted, retaining its place on the order of
  third reading -- recommitted to the Committee on Health in  accordance
  with Assembly Rule 3, sec. 2 -- reported and referred to the Committee
  on  Codes  -- reported and referred to the Committee on Ways and Means
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to  said  committee  -- reported and referred to the
  Committee on Rules -- passed by Assembly and delivered to the  Senate,
  recalled  from  the  Senate,  vote reconsidered, bill amended, ordered
  reprinted, retaining its place on the special order of  third  reading
  --   recommitted   to  the  Committee  on  Rules  --  Rules  Committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to the Committee on Rules -- again reported from said  committee  with
  amendments,  ordered  reprinted  as  amended  and  recommitted to said
  committee

AN ACT to amend the public health law, the tax law,  the  state  finance
  law,  the  general business law, the penal law and the criminal proce-
  dure law, in relation to medical use of marihuana; and  providing  for
  the repeal of such provisions upon expiration thereof


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01604-31-4

A. 6357--E                          2

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Article 33 of the public health law is amended by adding a
new title 5-A to read as follows:
                                TITLE V-A
                        MEDICAL USE OF MARIHUANA
SECTION 3360.   DEFINITIONS.
        3361.   CERTIFICATION OF PATIENTS.
        3362.   LAWFUL MEDICAL USE.
        3363.   REGISTRY IDENTIFICATION CARDS.
        3364.   REGISTERED ORGANIZATIONS.
        3365.   REGISTERING OF REGISTERED ORGANIZATIONS.
        3366.   REPORTS BY REGISTERED ORGANIZATIONS.
        3367.   EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
        3368.   RELATION TO OTHER LAWS.
        3369.   PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA.
        3369-A. REGULATIONS.
        3369-B. EFFECTIVE DATE.
        3369-C. SUSPEND; TERMINATE.
        3369-D. PRICING.
        3369-E. SEVERABILITY.
  S 3360. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS  SHALL
HAVE  THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
WISE:
  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 CERTIF-
ICATION  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  CERTI-
FIED  PATIENT  IN A REGISTRY APPLICATION. A CERTIFIED PATIENT MAY DESIG-
NATE 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-THREATEN-
ING  CONDITIONS:    CANCER,  POSITIVE  STATUS FOR HUMAN IMMUNODEFICIENCY
VIRUS OR ACQUIRED IMMUNE DEFICIENCY SYNDROME, AMYOTROPHIC LATERAL SCLER-
OSIS, 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,  NEUROPA-
THIES, HUNTINGTON'S DISEASE, OR AS ADDED BY THE COMMISSIONER; AND

A. 6357--E                          3

  (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 TWEN-
TY-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 INCLU-
SION OF NURSE PRACTITIONERS UNDER THIS TITLE BASED  UPON  CONSIDERATIONS
INCLUDING  ACCESS AND AVAILABILITY. AFTER SUCH CONSIDERATION THE COMMIS-
SIONER 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 INTERFER-
ENCE 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 CORPO-
RATION AND INCLUDES:  BOARD MEMBERS, OFFICERS, MANAGERS,  OWNERS,  PART-
NERS,  PRINCIPAL  STAKEHOLDERS  AND MEMBERS WHO SUBMIT AN APPLICATION TO
BECOME A REGISTERED ORGANIZATION.

A. 6357--E                          4

  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 EXPE-
RIENCE 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 TREAT-
MENTS, THE PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE  BENE-
FIT  FROM  THE PRIMARY OR ADJUNCTIVE TREATMENT WITH MEDICAL USE OF MARI-
HUANA 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 SERI-
OUS CONDITION; (C) A STATEMENT ATTESTING THAT ALL REQUIREMENTS OF SUBDI-
VISION 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  COMMIS-
SIONER  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 PRAC-
TITIONER'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 PERCENT-
AGE OF  MARIHUANA  OR  PARTICULAR  ACTIVE  INGREDIENT,  AND  APPROPRIATE
DOSAGE.  THE PRACTITIONER SHALL STATE IN THE CERTIFICATION ANY RECOMMEN-
DATION  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  PRAC-
TITIONER.
  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 PRAC-
TITIONER'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

A. 6357--E                          5

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 CERTI-
FIED 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 SUBDIVI-
SION.
  S 3362. LAWFUL MEDICAL  USE.  1.  THE  POSSESSION,  ACQUISITION,  USE,
DELIVERY,  TRANSFER,  TRANSPORTATION, OR ADMINISTRATION OF MEDICAL MARI-
HUANA 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  PRAC-
TITIONER,  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 SUBDIVI-
SION 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 CERTIF-
ICATION 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.
  S 3363. REGISTRY IDENTIFICATION CARDS. 1. UPON APPROVAL OF THE CERTIF-
ICATION,  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 REGIS-
TRY 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.

A. 6357--E                          6

  2. TO OBTAIN, AMEND OR RENEW A REGISTRY IDENTIFICATION CARD, A  CERTI-
FIED  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 DESIG-
NATED 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 DEPART-
MENT;
  (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 CERTI-
FIED PATIENTS AT ONE TIME.

A. 6357--E                          7

  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 CARE-
GIVER, THAT PORTION OF THE APPLICATION SHALL BE DENIED BY THE DEPARTMENT
BUT  THAT  SHALL  NOT AFFECT THE APPROVAL OF THE BALANCE OF THE APPLICA-
TION.
  10. A REGISTRY IDENTIFICATION CARD SHALL:
  (A) CONTAIN THE NAME OF THE CERTIFIED PATIENT OR THE DESIGNATED  CARE-
GIVER 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  IDENTIFICA-
TION NUMBER;
  (D)  CONTAIN A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE REGISTRY IDEN-
TIFICATION CARD IS BEING ISSUED, WHICH SHALL BE OBTAINED BY THE  DEPART-
MENT 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  PHOTO-
GRAPHS;
  (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

A. 6357--E                          8

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 IDENTI-
FYING 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.
  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, DELIV-
ERING,  TRANSPORTING, DISTRIBUTING OR DISPENSING MARIHUANA FOR CERTIFIED
MEDICAL USE.
  2. THE ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIVERY,  TRANSPORT-
ING,  DISTRIBUTING  OR DISPENSING OF MARIHUANA BY A REGISTERED ORGANIZA-
TION 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 REQUIR-
ING 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  REGIS-
TERED   ORGANIZATION   SHALL  DISPOSE  OF  ANY  ELECTRONICALLY  RECORDED

A. 6357--E                          9

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 DESIG-
NATED 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 RECOMMENDA-
TION 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  CARE-
GIVER,  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 MARIHUA-
NA  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  PROMUL-
GATE 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  QUALI-
TY,  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 CHAP-
TER.
  12. MEDICAL MARIHUANA SHALL BE DISPENSED TO  A  CERTIFIED  PATIENT  OR
DESIGNATED  CAREGIVER  IN  A  SEALED  AND  PROPERLY LABELED PACKAGE. THE

A. 6357--E                         10

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 STAT-
ING, "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.
  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  EQUIP-
MENT  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 ENTI-
TY, 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

A. 6357--E                         11

IN  THE APPLICATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUM-
STANCE WHICH IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
  3. GRANTING OF REGISTRATION. (A) THE COMMISSIONER SHALL GRANT A REGIS-
TRATION  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 ORGANIZA-
TIONS IN AN AREA WILL BE ADEQUATE OR EXCESSIVE TO REASONABLY  SERVE  THE
AREA;
  (VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
TER;
  (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 ADDI-
TIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEARING, OR BOTH.
  (C)  THE  FEE FOR A REGISTRATION UNDER THIS SECTION SHALL BE A REASON-
ABLE 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 EXCEED-
ING AN ADDITIONAL ELEVEN MONTHS.

A. 6357--E                         12

  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  CIRCUM-
STANCE WHICH IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
  (D)  IF  THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT IS ENTI-
TLED TO A RENEWAL OF THE REGISTRATION, HE OR SHE SHALL WITHIN A  REASON-
ABLY  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 SPECI-
FY 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 COMMIS-
SIONER 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  APPLICA-
BLE 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  ORGANIZA-
TION,  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 APPLICA-
BLE 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  COMMIS-
SIONER.  THE  REGISTERED  ORGANIZATION  SHALL ALSO BE UNDER A CONTINUING
DUTY TO REPORT TO THE DEPARTMENT ANY MATERIAL CHANGE OR FACT OR  CIRCUM-

A. 6357--E                         13

STANCE  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 ORGAN-
IZATIONS  THAT  MANUFACTURE  MEDICAL  MARIHUANA  WITH  NO MORE THAN FOUR
DISPENSING SITES WHOLLY OWNED AND OPERATED BY SUCH REGISTERED  ORGANIZA-
TION.  THE  COMMISSIONER SHALL ENSURE THAT SUCH REGISTERED ORGANIZATIONS
AND DISPENSING SITES ARE GEOGRAPHICALLY DISTRIBUTED  ACROSS  THE  STATE.
THE COMMISSION MAY REGISTER ADDITIONAL REGISTERED ORGANIZATIONS.
  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 MARI-
HUANA AT EVERY STAGE OF ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIV-
ERY,  TRANSPORTING, DISTRIBUTING, OR DISPENSING BY THE REGISTERED ORGAN-
IZATION, SUBJECT TO REGULATIONS OF THE COMMISSIONER.
  S 3367. EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT. 1.    THE
COMMISSIONER  MAY  PROVIDE FOR THE ANALYSIS AND EVALUATION OF THE OPERA-
TION 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 MARIHUA-
NA. 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 LEGISLA-
TURE ON THE MEDICAL USE OF MARIHUANA UNDER THIS TITLE AND MAKE APPROPRI-
ATE RECOMMENDATIONS.
  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.

A. 6357--E                         14

  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 MARIHUA-
NA, 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 POLI-
CY  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.
  S  3369-A.  REGULATIONS.  THE  COMMISSIONER  SHALL MAKE REGULATIONS TO
IMPLEMENT THIS TITLE.
  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.
  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 TERMI-
NATE ALL LICENSES ISSUED TO REGISTERED ORGANIZATIONS.
  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.
  S 3369-E. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
PART  OF  THIS ACT SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDIC-
TION 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.

A. 6357--E                         15

  S 3. Subdivision 2 of section 3371 of the public health law, as  added
by section 5 of part A of chapter 447 of the laws of 2012, is amended to
read as follows:
  2. The prescription monitoring program registry may be accessed, under
such  terms  and  conditions  as  are  established by the department for
purposes of maintaining the security and confidentiality of the informa-
tion contained in the registry, by:
  (a) a practitioner, or a  designee  authorized  by  such  practitioner
pursuant  to  paragraph  (b)  of subdivision two of section thirty-three
hundred forty-three-a OR SECTION THIRTY-THREE HUNDRED SIXTY-ONE of  this
article,  for  the  purposes  of:  (i) informing the practitioner that a
patient may be under treatment with a controlled  substance  by  another
practitioner;  (ii)  providing  the  practitioner  with notifications of
controlled substance activity as  deemed  relevant  by  the  department,
including  but not limited to a notification made available on a monthly
or other periodic basis through the registry  of  controlled  substances
activity  pertaining  to  his or her patient; (iii) allowing the practi-
tioner, through consultation  of  the  prescription  monitoring  program
registry,  to  review his or her patient's controlled substances history
as required by section thirty-three  hundred  forty-three-a  OR  SECTION
THIRTY-THREE  HUNDRED  SIXTY-ONE  of this article; and (iv) providing to
his or her patient, or person authorized pursuant to  paragraph  (j)  of
subdivision  one of this section, upon request, a copy of such patient's
controlled substance history as is available to the practitioner through
the prescription monitoring program registry; or
  (b) a pharmacist, pharmacy intern or other designee authorized by  the
pharmacist  pursuant  to  paragraph  (b) of subdivision three of section
thirty-three hundred forty-three-a of this article, for the purposes of:
(i) consulting the prescription monitoring program  registry  to  review
the  controlled substances history of an individual for whom one or more
prescriptions for controlled substances OR CERTIFICATIONS FOR  MARIHUANA
is presented to the pharmacist, pursuant to section thirty-three hundred
forty-three-a  of  this  article; and (ii) receiving from the department
such notifications of controlled substance activity as are  made  avail-
able by the department[.]; OR
  (C)  AN  INDIVIDUAL  EMPLOYED  BY  A  REGISTERED  ORGANIZATION FOR THE
PURPOSE OF CONSULTING THE PRESCRIPTION MONITORING  PROGRAM  REGISTRY  TO
REVIEW  THE  CONTROLLED SUBSTANCES HISTORY OF AN INDIVIDUAL FOR WHOM ONE
OR MORE CERTIFICATIONS FOR MARIHUANA IS  PRESENTED  TO  THAT  REGISTERED
ORGANIZATION,  PURSUANT  TO  SECTION  THIRTY-THREE HUNDRED SIXTY-FOUR OF
THIS ARTICLE. UNLESS OTHERWISE AUTHORIZED BY THIS ARTICLE, AN INDIVIDUAL
EMPLOYED BY A REGISTERED ORGANIZATION WILL BE  PROVIDED  ACCESS  TO  THE
PRESCRIPTION  MONITORING  PROGRAM  IN THE SOLE DISCRETION OF THE COMMIS-
SIONER.
  S 4. The tax law is amended by adding a new article 20-B  to  read  as
follows:
                              ARTICLE 20-B
                     EXCISE TAX ON MEDICAL MARIHUANA
SECTION 490. DEFINITIONS.
        491. RETURNS TO BE SECRET.
  S  490.    DEFINITIONS.  1. (A) ALL DEFINITIONS OF TERMS APPLICABLE TO
TITLE FIVE-A OF ARTICLE THIRTY-THREE OF  THE  PUBLIC  HEALTH  LAW  SHALL
APPLY TO THIS ARTICLE.
  (B)  AS USED IN THIS SECTION, WHERE NOT OTHERWISE SPECIFICALLY DEFINED
AND UNLESS A DIFFERENT MEANING IS CLEARLY REQUIRED "GROSS RECEIPT" MEANS
THE AMOUNT RECEIVED IN OR BY REASON OF ANY SALE, CONDITIONAL  OR  OTHER-

A. 6357--E                         16

WISE,  OF  MEDICAL  MARIHUANA  OR  IN  OR BY REASON OF THE FURNISHING OF
MEDICAL MARIHUANA FROM THE SALE  OF  MEDICAL  MARIHUANA  PROVIDED  BY  A
REGISTERED  ORGANIZATION TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER.
GROSS  RECEIPT  IS  EXPRESSED  IN MONEY, WHETHER PAID IN CASH, CREDIT OR
PROPERTY OF ANY KIND OR NATURE, AND  SHALL  BE  DETERMINED  WITHOUT  ANY
DEDUCTION  THEREFROM  ON  ACCOUNT OF THE COST OF THE SERVICE SOLD OR THE
COST OF MATERIALS, LABOR OR SERVICES USED OR OTHER  COSTS,  INTEREST  OR
DISCOUNT  PAID,  OR ANY OTHER EXPENSES WHATSOEVER. "AMOUNT RECEIVED" FOR
THE PURPOSE OF THE DEFINITION  OF  GROSS  RECEIPT,  AS  THE  TERM  GROSS
RECEIPT  IS  USED  THROUGHOUT THIS ARTICLE, MEANS THE AMOUNT CHARGED FOR
THE PROVISION OF MEDICAL MARIHUANA.
  2. THERE IS HEREBY IMPOSED AN EXCISE TAX ON THE  GROSS  RECEIPTS  FROM
THE  SALE  OF MEDICAL MARIHUANA BY A REGISTERED ORGANIZATION TO A CERTI-
FIED PATIENT OR DESIGNATED CAREGIVER,  TO  BE  PAID  BY  THE  REGISTERED
ORGANIZATION,  AT  THE  RATE  OF  SEVEN PERCENT. THE TAX IMPOSED BY THIS
ARTICLE SHALL BE CHARGED AGAINST AND BE PAID BY THE REGISTERED ORGANIZA-
TION AND SHALL NOT BE ADDED AS A SEPARATE CHARGE OR  LINE  ITEM  ON  ANY
SALES  SLIP,  INVOICE,  RECEIPT  OR OTHER STATEMENT OR MEMORANDUM OF THE
PRICE GIVEN TO THE RETAIL CUSTOMER.
  3. THE COMMISSIONER MAY MAKE,  ADOPT  AND  AMEND  RULES,  REGULATIONS,
PROCEDURES  AND  FORMS  NECESSARY  FOR THE PROPER ADMINISTRATION OF THIS
ARTICLE.
  4. EVERY REGISTERED ORGANIZATION THAT MAKES SALES OF MEDICAL MARIHUANA
SUBJECT TO THE TAX IMPOSED BY THIS ARTICLE SHALL, ON OR BEFORE THE TWEN-
TIETH DATE OF EACH MONTH, FILE WITH THE COMMISSIONER A RETURN  ON  FORMS
TO  BE  PRESCRIBED  BY  THE  COMMISSIONER, SHOWING ITS RECEIPTS FROM THE
RETAIL SALE OF MEDICAL MARIHUANA DURING THE PRECEDING CALENDAR MONTH AND
THE AMOUNT OF TAX DUE THEREON. SUCH RETURNS SHALL CONTAIN  SUCH  FURTHER
INFORMATION  AS THE COMMISSIONER MAY REQUIRE. EVERY REGISTERED ORGANIZA-
TION REQUIRED TO FILE A RETURN UNDER THIS SECTION SHALL, AT THE TIME  OF
FILING  SUCH RETURN, PAY TO THE COMMISSIONER THE TOTAL AMOUNT OF TAX DUE
ON ITS RETAIL SALES OF MEDICAL MARIHUANA FOR THE PERIOD COVERED BY  SUCH
RETURN.  IF  A RETURN IS NOT FILED WHEN DUE, THE TAX SHALL BE DUE ON THE
DAY ON WHICH THE RETURN IS REQUIRED TO BE FILED.
  5. WHENEVER THE COMMISSIONER SHALL DETERMINE THAT ANY MONEYS  RECEIVED
UNDER  THE  PROVISIONS  OF THIS ARTICLE WERE PAID IN ERROR, HE MAY CAUSE
THE SAME TO BE REFUNDED, WITH INTEREST, IN ACCORDANCE  WITH  SUCH  RULES
AND  REGULATIONS  AS  HE MAY PRESCRIBE, EXCEPT THAT NO INTEREST SHALL BE
ALLOWED OR PAID IF THE AMOUNT THEREOF WOULD BE  LESS  THAN  ONE  DOLLAR.
SUCH  INTEREST  SHALL BE AT THE OVERPAYMENT RATE SET BY THE COMMISSIONER
PURSUANT TO SUBDIVISION TWENTY-SIXTH OF SECTION ONE HUNDRED  SEVENTY-ONE
OF  THIS  CHAPTER,  OR IF NO RATE IS SET, AT THE RATE OF SIX PERCENT PER
ANNUM, FROM THE DATE WHEN THE TAX, PENALTY OR INTEREST  TO  BE  REFUNDED
WAS  PAID  TO  A DATE PRECEDING THE DATE OF THE REFUND CHECK BY NOT MORE
THAN THIRTY DAYS. PROVIDED, HOWEVER,  THAT  FOR  THE  PURPOSES  OF  THIS
SUBDIVISION, ANY TAX PAID BEFORE THE LAST DAY PRESCRIBED FOR ITS PAYMENT
SHALL BE DEEMED TO HAVE BEEN PAID ON SUCH LAST DAY. SUCH MONEYS RECEIVED
UNDER THE PROVISIONS OF THIS ARTICLE WHICH THE COMMISSIONER SHALL DETER-
MINE  WERE PAID IN ERROR, MAY BE REFUNDED OUT OF FUNDS IN THE CUSTODY OF
THE COMPTROLLER TO THE CREDIT OF  SUCH  TAXES  PROVIDED  AN  APPLICATION
THEREFOR  IS  FILED WITH THE COMMISSIONER WITHIN TWO YEARS FROM THE TIME
THE ERRONEOUS PAYMENT WAS MADE.
  6. THE PROVISIONS OF ARTICLE TWENTY-SEVEN OF THIS CHAPTER SHALL  APPLY
TO  THE TAX IMPOSED BY THIS ARTICLE IN THE SAME MANNER AND WITH THE SAME
FORCE AND EFFECT AS IF THE LANGUAGE OF SUCH ARTICLE  HAD  BEEN  INCORPO-
RATED  IN  FULL  INTO THIS SECTION AND HAD EXPRESSLY REFERRED TO THE TAX

A. 6357--E                         17

IMPOSED BY THIS ARTICLE, EXCEPT TO THE EXTENT THAT ANY PROVISION OF SUCH
ARTICLE IS EITHER INCONSISTENT WITH A PROVISION OF THIS  ARTICLE  OR  IS
NOT RELEVANT TO THIS ARTICLE.
  7.  ALL  TAXES,  INTEREST  AND  PENALTIES COLLECTED OR RECEIVED BY THE
COMMISSIONER UNDER THIS ARTICLE  SHALL  BE  DEPOSITED  AND  DISPOSED  OF
PURSUANT  TO THE PROVISIONS OF SECTION ONE HUNDRED SEVENTY-ONE-A OF THIS
CHAPTER, PROVIDED THAT AN AMOUNT EQUAL TO ONE HUNDRED PERCENT  COLLECTED
UNDER  THIS ARTICLE LESS ANY AMOUNT DETERMINED BY THE COMMISSIONER TO BE
RESERVED BY THE COMPTROLLER FOR REFUNDS OR REIMBURSEMENTS SHALL BE  PAID
BY  THE  COMPTROLLER  TO  THE CREDIT OF THE MEDICAL MARIHUANA TRUST FUND
ESTABLISHED BY SECTION EIGHTY-NINE-H OF THE STATE FINANCE LAW.
  8. A REGISTERED ORGANIZATION THAT DISPENSES  MEDICAL  MARIHUANA  SHALL
PROVIDE TO THE DEPARTMENT INFORMATION ON WHERE THE MEDICAL MARIHUANA WAS
DISPENSED AND WHERE THE MEDICAL MARIHUANA WAS MANUFACTURED. A REGISTERED
ORGANIZATION THAT OBTAINS MARIHUANA FROM ANOTHER REGISTERED ORGANIZATION
SHALL  OBTAIN FROM SUCH REGISTERED ORGANIZATION INFORMATION ON WHERE THE
MEDICAL MARIHUANA WAS MANUFACTURED.
  S 491. RETURNS TO BE SECRET. 1. EXCEPT IN ACCORDANCE WITH PROPER JUDI-
CIAL ORDER OR AS IN THIS SECTION OR OTHERWISE PROVIDED BY LAW, IT  SHALL
BE UNLAWFUL FOR THE COMMISSIONER, ANY OFFICER OR EMPLOYEE OF THE DEPART-
MENT, OR ANY OFFICER OR PERSON WHO, PURSUANT TO THIS SECTION, IS PERMIT-
TED  TO INSPECT ANY RETURN OR REPORT OR TO WHOM A COPY, AN ABSTRACT OR A
PORTION OF ANY RETURN OR REPORT IS FURNISHED, OR TO WHOM ANY INFORMATION
CONTAINED IN ANY RETURN OR REPORT IS FURNISHED, OR ANY PERSON ENGAGED OR
RETAINED BY SUCH DEPARTMENT ON AN  INDEPENDENT  CONTRACT  BASIS  OR  ANY
PERSON  WHO  IN  ANY  MANNER  MAY ACQUIRE KNOWLEDGE OF THE CONTENTS OF A
RETURN OR REPORT FILED PURSUANT TO THIS ARTICLE TO DIVULGE OR MAKE KNOWN
IN ANY MANNER THE CONTENTS OR ANY  OTHER  INFORMATION  RELATING  TO  THE
BUSINESS OF A DISTRIBUTOR, OWNER OR OTHER PERSON CONTAINED IN ANY RETURN
OR  REPORT  REQUIRED  UNDER THIS ARTICLE.  THE OFFICERS CHARGED WITH THE
CUSTODY OF SUCH RETURNS OR REPORTS SHALL NOT BE REQUIRED TO PRODUCE  ANY
OF  THEM  OR  EVIDENCE  OF  ANYTHING  CONTAINED IN THEM IN ANY ACTION OR
PROCEEDING IN ANY COURT, EXCEPT  ON  BEHALF  OF  THE  STATE,  THE  STATE
DEPARTMENT  OF  HEALTH,  OR  THE COMMISSIONER IN AN ACTION OR PROCEEDING
UNDER THE PROVISIONS OF THIS CHAPTER OR ON BEHALF OF THE  STATE  OR  THE
COMMISSIONER  IN ANY OTHER ACTION OR PROCEEDING INVOLVING THE COLLECTION
OF A TAX DUE UNDER THIS CHAPTER TO WHICH THE STATE OR  THE  COMMISSIONER
IS  A  PARTY  OR  A  CLAIMANT OR ON BEHALF OF ANY PARTY TO ANY ACTION OR
PROCEEDING UNDER THE PROVISIONS OF THIS ARTICLE, WHEN THE RETURNS OR THE
REPORTS OR THE FACTS SHOWN THEREBY ARE DIRECTLY INVOLVED IN SUCH  ACTION
OR  PROCEEDING, OR IN AN ACTION OR PROCEEDING RELATING TO THE REGULATION
OR TAXATION OF MEDICAL MARIHUANA ON BEHALF OF OFFICERS TO WHOM  INFORMA-
TION  SHALL  HAVE  BEEN  SUPPLIED AS PROVIDED IN SUBDIVISION TWO OF THIS
SECTION, IN ANY OF WHICH EVENTS THE COURT MAY REQUIRE THE PRODUCTION OF,
AND MAY ADMIT IN EVIDENCE SO MUCH OF SAID RETURNS OR REPORTS OR  OF  THE
FACTS  SHOWN THEREBY AS ARE PERTINENT TO THE ACTION OR PROCEEDING AND NO
MORE. NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT THE COMMISSIONER, IN
HIS OR HER DISCRETION, FROM ALLOWING THE INSPECTION  OR  DELIVERY  OF  A
CERTIFIED  COPY  OF  ANY RETURN OR REPORT FILED UNDER THIS ARTICLE OR OF
ANY INFORMATION CONTAINED IN ANY SUCH RETURN OR REPORT BY OR TO  A  DULY
AUTHORIZED  OFFICER OR EMPLOYEE OF THE STATE DEPARTMENT OF HEALTH; OR BY
OR TO THE ATTORNEY GENERAL OR OTHER LEGAL REPRESENTATIVES OF  THE  STATE
WHEN AN ACTION SHALL HAVE BEEN RECOMMENDED OR COMMENCED PURSUANT TO THIS
CHAPTER  IN WHICH SUCH RETURNS OR REPORTS OR THE FACTS SHOWN THEREBY ARE
DIRECTLY INVOLVED; OR THE INSPECTION OF THE RETURNS OR REPORTS  REQUIRED
UNDER  THIS  ARTICLE  BY  THE  COMPTROLLER OR DULY DESIGNATED OFFICER OR

A. 6357--E                         18

EMPLOYEE OF THE STATE DEPARTMENT OF AUDIT AND CONTROL, FOR  PURPOSES  OF
THE  AUDIT  OF  A REFUND OF ANY TAX PAID BY A REGISTERED ORGANIZATION OR
OTHER PERSON UNDER THIS ARTICLE; NOR  TO  PROHIBIT  THE  DELIVERY  TO  A
REGISTERED  ORGANIZATION,  OR  A  DULY AUTHORIZED REPRESENTATIVE OF SUCH
REGISTERED ORGANIZATION, A CERTIFIED COPY OF ANY RETURN OR REPORT  FILED
BY SUCH REGISTERED ORGANIZATION PURSUANT TO THIS ARTICLE, NOR TO PROHIB-
IT  THE  PUBLICATION OF STATISTICS SO CLASSIFIED AS TO PREVENT THE IDEN-
TIFICATION OF PARTICULAR RETURNS OR REPORTS AND THE ITEMS THEREOF.
  2. THE COMMISSIONER, IN HIS OR HER DISCRETION  AND  PURSUANT  TO  SUCH
RULES AND REGULATIONS AS HE OR SHE MAY ADOPT, MAY PERMIT THE COMMISSION-
ER OF INTERNAL REVENUE OF THE UNITED STATES, OR THE APPROPRIATE OFFICERS
OF  ANY  OTHER  STATE WHICH REGULATES OR TAXES MEDICAL MARIHUANA, OR THE
DULY AUTHORIZED REPRESENTATIVES OF SUCH  COMMISSIONER  OR  OF  ANY  SUCH
OFFICERS,  TO  INSPECT RETURNS OR REPORTS MADE PURSUANT TO THIS ARTICLE,
OR MAY FURNISH TO SUCH COMMISSIONER OR OTHER OFFICERS, OR  DULY  AUTHOR-
IZED REPRESENTATIVES, A COPY OF ANY SUCH RETURN OR REPORT OR AN ABSTRACT
OF  THE  INFORMATION  THEREIN  CONTAINED, OR ANY PORTION THEREOF, OR MAY
SUPPLY SUCH COMMISSIONER OR ANY SUCH OFFICERS  OR  SUCH  REPRESENTATIVES
WITH  INFORMATION  RELATING TO THE BUSINESS OF A REGISTERED ORGANIZATION
MAKING RETURNS OR REPORTS HEREUNDER.  THE  COMMISSIONER  MAY  REFUSE  TO
SUPPLY  INFORMATION  PURSUANT TO THIS SUBDIVISION TO THE COMMISSIONER OF
INTERNAL REVENUE OF THE UNITED STATES OR TO THE OFFICERS  OF  ANY  OTHER
STATE  IF THE STATUTES OF THE UNITED STATES, OR OF THE STATE REPRESENTED
BY SUCH OFFICERS, DO NOT GRANT SUBSTANTIALLY SIMILAR PRIVILEGES  TO  THE
COMMISSIONER, BUT SUCH REFUSAL SHALL NOT BE MANDATORY. INFORMATION SHALL
NOT  BE  SUPPLIED  TO THE COMMISSIONER OF INTERNAL REVENUE OF THE UNITED
STATES OR THE APPROPRIATE OFFICERS OF ANY OTHER STATE WHICH REGULATES OR
TAXES MEDICAL MARIHUANA, OR THE DULY AUTHORIZED REPRESENTATIVES OF  SUCH
COMMISSIONER OR OF ANY OF SUCH OFFICERS, UNLESS SUCH COMMISSIONER, OFFI-
CER OR OTHER REPRESENTATIVES SHALL AGREE NOT TO DIVULGE OR MAKE KNOWN IN
ANY  MANNER  THE INFORMATION SO SUPPLIED, BUT SUCH OFFICERS MAY TRANSMIT
SUCH INFORMATION TO THEIR EMPLOYEES OR LEGAL REPRESENTATIVES WHEN NECES-
SARY, WHO IN TURN SHALL BE SUBJECT TO THE  SAME  RESTRICTIONS  AS  THOSE
HEREBY IMPOSED UPON SUCH COMMISSIONER, OFFICER OR OTHER REPRESENTATIVES.
  3. (A) ANY OFFICER OR EMPLOYEE OF THE STATE WHO WILLFULLY VIOLATES THE
PROVISIONS  OF SUBDIVISION ONE OR TWO OF THIS SECTION SHALL BE DISMISSED
FROM OFFICE AND BE INCAPABLE OF HOLDING ANY PUBLIC OFFICE IN THIS  STATE
FOR A PERIOD OF FIVE YEARS THEREAFTER.
  (B)  CROSS-REFERENCE: FOR CRIMINAL PENALTIES, SEE ARTICLE THIRTY-SEVEN
OF THIS CHAPTER.
  S 5. The state finance law is amended by adding a new section 89-h  to
read as follows:
  S  89-H. MEDICAL MARIHUANA TRUST FUND.  1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND  THE  COMMISSIONER  OF
TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "MEDICAL MARIHUA-
NA TRUST FUND."
  2.  THE  MEDICAL  MARIHUANA  TRUST  FUND  SHALL  CONSIST OF ALL MONEYS
REQUIRED TO BE DEPOSITED IN THE MEDICAL MARIHUANA TRUST FUND PURSUANT TO
THE PROVISIONS OF SECTION FOUR HUNDRED NINETY OF THE TAX LAW.
  3. THE MONEYS IN THE MEDICAL MARIHUANA TRUST FUND SHALL BE KEPT  SEPA-
RATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF
THE COMMISSIONER OF TAXATION AND FINANCE AND THE STATE COMPTROLLER.
  4. THE MONEYS OF THE MEDICAL MARIHUANA TRUST FUND, FOLLOWING APPROPRI-
ATION  BY  THE  LEGISLATURE,  SHALL  BE  ALLOCATED UPON A CERTIFICATE OF
APPROVAL OF AVAILABILITY BY THE DIRECTOR OF THE BUDGET AS FOLLOWS:   (A)
TWENTY-TWO AND FIVE-TENTHS PERCENT OF THE MONIES SHALL BE TRANSFERRED TO

A. 6357--E                         19

THE  COUNTIES IN NEW YORK STATE IN WHICH THE MEDICAL MARIHUANA WAS MANU-
FACTURED AND ALLOCATED IN PROPORTION TO THE GROSS SALES ORIGINATING FROM
MEDICAL MARIHUANA MANUFACTURED IN EACH SUCH COUNTY; (B)  TWENTY-TWO  AND
FIVE-TENTHS  PERCENT  OF THE MONEYS SHALL BE TRANSFERRED TO THE COUNTIES
IN NEW YORK STATE IN WHICH THE MEDICAL MARIHUANA WAS DISPENSED AND ALLO-
CATED IN PROPORTION TO THE GROSS SALES OCCURRING IN  EACH  SUCH  COUNTY;
(C)  FIVE  PERCENT  OF  THE MONIES SHALL BE TRANSFERRED TO THE OFFICE OF
ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, WHICH SHALL  USE  THAT  REVENUE
FOR ADDITIONAL DRUG ABUSE PREVENTION, COUNSELING AND TREATMENT SERVICES;
AND  (D) FIVE PERCENT OF THE REVENUE RECEIVED BY THE DEPARTMENT SHALL BE
TRANSFERRED TO THE DIVISION OF CRIMINAL JUSTICE  SERVICES,  WHICH  SHALL
USE  THAT  REVENUE  FOR  A  PROGRAM OF DISCRETIONARY GRANTS TO STATE AND
LOCAL LAW ENFORCEMENT AGENCIES THAT DEMONSTRATE A NEED RELATING TO TITLE
FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC  HEALTH  LAW;  SAID  GRANTS
COULD  BE  USED  FOR  PERSONNEL COSTS OF STATE AND LOCAL LAW ENFORCEMENT
AGENCIES. FOR PURPOSES OF THIS SUBDIVISION, THE CITY OF NEW  YORK  SHALL
BE DEEMED TO BE A COUNTY.
  S  6.  Subdivision  1  of  section 171-a of the tax law, as amended by
section 1 of part R of chapter 60 of the laws of  2004,  is  amended  to
read as follows:
  1.  All  taxes,  interest, penalties and fees collected or received by
the commissioner or the commissioner's duly authorized agent under arti-
cles nine (except section one hundred eighty-two-a thereof and except as
otherwise  provided  in  section  two  hundred  five  thereof),  nine-A,
twelve-A  (except  as  otherwise provided in section two hundred eighty-
four-d thereof), thirteen, thirteen-A (except as otherwise  provided  in
section  three  hundred  twelve  thereof),  eighteen,  nineteen,  twenty
(except as otherwise provided in section four hundred eighty-two  there-
of),  TWENTY-B twenty-one, twenty-two, twenty-six, twenty-six-B, twenty-
eight (except as otherwise provided in section  eleven  hundred  two  or
eleven  hundred  three  thereof),  twenty-eight-A, thirty-one (except as
otherwise provided in  section  fourteen  hundred  twenty-one  thereof),
thirty-two,  thirty-three  and  thirty-three-A  of this chapter shall be
deposited daily in one account  with  such  responsible  banks,  banking
houses  or  trust  companies as may be designated by the comptroller, to
the credit of the comptroller. Such an account may be established in one
or more of such depositories. Such deposits shall be kept  separate  and
apart  from  all  other  money in the possession of the comptroller. The
comptroller shall require adequate security from all such  depositories.
Of  the  total revenue collected or received under such articles of this
chapter, the comptroller shall retain in the  comptroller's  hands  such
amount  as the commissioner may determine to be necessary for refunds or
reimbursements under such articles of this chapter and article ten ther-
eof out of which  amount  the  comptroller  shall  pay  any  refunds  or
reimbursements to which taxpayers shall be entitled under the provisions
of  such  articles  of this chapter and article ten thereof. The commis-
sioner and the comptroller shall maintain a system of  accounts  showing
the  amount  of  revenue  collected  or  received from each of the taxes
imposed by such articles. The comptroller, after reserving the amount to
pay such refunds or reimbursements, shall, on or before the tenth day of
each month, pay into the state treasury to the  credit  of  the  general
fund  all  revenue  deposited  under  this  section during the preceding
calendar month and remaining to the comptroller's credit on the last day
of such preceding month, (i) except that the comptroller  shall  pay  to
the  state  department of social services that amount of overpayments of
tax imposed by article twenty-two of this chapter and  the  interest  on

A. 6357--E                         20

such amount which is certified to the comptroller by the commissioner as
the  amount to be credited against past-due support pursuant to subdivi-
sion six of section one hundred seventy-one-c of this chapter, (ii)  and
except  that  the  comptroller  shall  pay  to the New York state higher
education services corporation and the state university of New  York  or
the city university of New York respectively that amount of overpayments
of tax imposed by article twenty-two of this chapter and the interest on
such amount which is certified to the comptroller by the commissioner as
the amount to be credited against the amount of defaults in repayment of
guaranteed  student  loans and state university loans or city university
loans pursuant to subdivision five of section one hundred  seventy-one-d
and  subdivision  six of section one hundred seventy-one-e of this chap-
ter, (iii) and except further that, notwithstanding any law,  the  comp-
troller  shall  credit  to  the  revenue  arrearage account, pursuant to
section ninety-one-a of the state finance law, that amount  of  overpay-
ment  of  tax imposed by article nine, nine-A, twenty-two, thirty, thir-
ty-A, thirty-B, thirty-two or thirty-three  of  this  chapter,  and  any
interest  thereon,  which is certified to the comptroller by the commis-
sioner as the amount to be credited against a past-due legally enforcea-
ble debt owed to a state agency pursuant to paragraph (a) of subdivision
six of section one hundred  seventy-one-f  of  this  article,  provided,
however, he shall credit to the special offset fiduciary account, pursu-
ant  to  section  ninety-one-c of the state finance law, any such amount
creditable as a liability as set forth in paragraph (b)  of  subdivision
six  of  section  one  hundred  seventy-one-f  of this article, (iv) and
except further that the comptroller shall pay to the city  of  New  York
that amount of overpayment of tax imposed by article nine, nine-A, twen-
ty-two,  thirty, thirty-A, thirty-B, thirty-two, or thirty-three of this
chapter and any interest thereon that is certified to the comptroller by
the commissioner as the amount to be credited against city of  New  York
tax  warrant judgment debt pursuant to section one hundred seventy-one-l
of this article, (v) and except further that the comptroller  shall  pay
to  a  non-obligated spouse that amount of overpayment of tax imposed by
article twenty-two of this chapter and the interest on such amount which
has been credited pursuant to section  one  hundred  seventy-one-c,  one
hundred  seventy-one-d,  one hundred seventy-one-e, one hundred seventy-
one-f or one hundred seventy-one-l of this article and which  is  certi-
fied  to the comptroller by the commissioner as the amount due such non-
obligated spouse pursuant to paragraph six of subsection (b) of  section
six  hundred  fifty-one  of this chapter; and (vi) the comptroller shall
deduct a like amount which the comptroller shall pay into  the  treasury
to  the  credit of the general fund from amounts subsequently payable to
the department of social services, the state university of New York, the
city university of New York, or the  higher  education  services  corpo-
ration,  or  the  revenue  arrearage account or special offset fiduciary
account pursuant to section ninety-one-a or ninety-one-c  of  the  state
finance  law, as the case may be, whichever had been credited the amount
originally withheld from such overpayment, and  (vii)  with  respect  to
amounts  originally  withheld  from such overpayment pursuant to section
one hundred seventy-one-l of this article and paid to the  city  of  New
York,  the  comptroller shall collect a like amount from the city of New
York.
  S 7. Subdivision 1 of section 171-a of the  tax  law,  as  amended  by
section  54  of  part A of chapter 59 of the laws of 2014, is amended to
read as follows:

A. 6357--E                         21

  1. All taxes, interest, penalties and fees collected  or  received  by
the commissioner or the commissioner's duly authorized agent under arti-
cles nine (except section one hundred eighty-two-a thereof and except as
otherwise  provided  in  section  two  hundred  five  thereof),  nine-A,
twelve-A  (except  as  otherwise provided in section two hundred eighty-
four-d thereof), thirteen, thirteen-A (except as otherwise  provided  in
section  three  hundred  twelve  thereof),  eighteen,  nineteen,  twenty
(except as otherwise provided in section four hundred eighty-two  there-
of),  TWENTY-B,  twenty-one, twenty-two, twenty-six, twenty-six-B, twen-
ty-eight (except as otherwise provided in section eleven hundred two  or
eleven  hundred  three  thereof),  twenty-eight-A, thirty-one (except as
otherwise provided in  section  fourteen  hundred  twenty-one  thereof),
thirty-three and thirty-three-A of this chapter shall be deposited daily
in  one  account  with  such  responsible banks, banking houses or trust
companies as may be designated by the comptroller, to the credit of  the
comptroller.  Such  an account may be established in one or more of such
depositories. Such deposits shall be kept separate and  apart  from  all
other  money in the possession of the comptroller. The comptroller shall
require adequate security from  all  such  depositories.  Of  the  total
revenue  collected  or received under such articles of this chapter, the
comptroller shall retain in the comptroller's hands such amount  as  the
commissioner may determine to be necessary for refunds or reimbursements
under  such articles of this chapter out of which amount the comptroller
shall pay any refunds or reimbursements  to  which  taxpayers  shall  be
entitled  under  the  provisions  of  such articles of this chapter. The
commissioner and the comptroller shall maintain  a  system  of  accounts
showing  the  amount  of  revenue collected or received from each of the
taxes imposed by such articles. The  comptroller,  after  reserving  the
amount  to  pay  such refunds or reimbursements, shall, on or before the
tenth day of each month, pay into the state treasury to  the  credit  of
the  general  fund  all  revenue deposited under this section during the
preceding calendar month and remaining to the  comptroller's  credit  on
the  last  day  of such preceding month, (i) except that the comptroller
shall pay to the state department of  social  services  that  amount  of
overpayments  of  tax  imposed by article twenty-two of this chapter and
the interest on such amount which is certified to the comptroller by the
commissioner as the amount  to  be  credited  against  past-due  support
pursuant to subdivision six of section one hundred seventy-one-c of this
article,  (ii) and except that the comptroller shall pay to the New York
state higher education services corporation and the state university  of
New  York or the city university of New York respectively that amount of
overpayments of tax imposed by article twenty-two of  this  chapter  and
the interest on such amount which is certified to the comptroller by the
commissioner as the amount to be credited against the amount of defaults
in  repayment  of guaranteed student loans and state university loans or
city university loans  pursuant  to  subdivision  five  of  section  one
hundred  seventy-one-d and subdivision six of section one hundred seven-
ty-one-e of this article, (iii) and except further that, notwithstanding
any law, the comptroller shall credit to the revenue arrearage  account,
pursuant  to  section ninety-one-a of the state finance law, that amount
of overpayment of tax imposed by article nine, nine-A, twenty-two, thir-
ty, thirty-A, thirty-B or thirty-three of this chapter, and any interest
thereon, which is certified to the comptroller by  the  commissioner  as
the  amount  to  be credited against a past-due legally enforceable debt
owed to a state agency pursuant to paragraph (a) of subdivision  six  of
section one hundred seventy-one-f of this article, provided, however, he

A. 6357--E                         22

shall  credit  to  the  special  offset  fiduciary  account, pursuant to
section ninety-one-c of the state finance law, any such amount  credita-
ble  as  a liability as set forth in paragraph (b) of subdivision six of
section  one  hundred  seventy-one-f  of  this  article, (iv) and except
further that the comptroller shall pay to the  city  of  New  York  that
amount  of  overpayment  of tax imposed by article nine, nine-A, twenty-
two, thirty, thirty-A, thirty-B or thirty-three of this chapter and  any
interest thereon that is certified to the comptroller by the commission-
er  as  the  amount  to be credited against city of New York tax warrant
judgment debt pursuant to section  one  hundred  seventy-one-l  of  this
article,  (v)  and  except  further  that the comptroller shall pay to a
non-obligated spouse that amount of overpayment of tax imposed by  arti-
cle twenty-two of this chapter and the interest on such amount which has
been credited pursuant to section one hundred seventy-one-c, one hundred
seventy-one-d,  one  hundred seventy-one-e, one hundred seventy-one-f or
one hundred seventy-one-l of this article and which is certified to  the
comptroller  by  the  commissioner  as the amount due such non-obligated
spouse pursuant to paragraph  six  of  subsection  (b)  of  section  six
hundred fifty-one of this chapter; and (vi) the comptroller shall deduct
a  like  amount which the comptroller shall pay into the treasury to the
credit of the general fund from  amounts  subsequently  payable  to  the
department  of  social  services,  the state university of New York, the
city university of New York, or the  higher  education  services  corpo-
ration,  or  the  revenue  arrearage account or special offset fiduciary
account pursuant to section ninety-one-a or ninety-one-c  of  the  state
finance  law, as the case may be, whichever had been credited the amount
originally withheld from such overpayment, and  (vii)  with  respect  to
amounts  originally  withheld  from such overpayment pursuant to section
one hundred seventy-one-l of this article and paid to the  city  of  New
York,  the  comptroller shall collect a like amount from the city of New
York.
  S 7-a. Section 853 of the general business law is amended by adding  a
new subdivision 3 to read as follows:
  3.  THIS ARTICLE SHALL NOT APPLY TO ANY SALE, FURNISHING OR POSSESSION
WHICH IS FOR A LAWFUL PURPOSE UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE
OF THE PUBLIC HEALTH LAW.
  S 8. Section 221.00 of the penal law, as added by chapter 360  of  the
laws of 1977, is amended to read as follows:
S 221.00 Marihuana; definitions.
  Unless  the context in which they are used clearly otherwise requires,
the terms occurring in this article shall have the same meaning ascribed
to them in article two hundred twenty of this chapter.  ANY ACT THAT  IS
LAWFUL  UNDER  TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH
LAW IS NOT A VIOLATION OF THIS ARTICLE.
  S 9. The penal law is amended by adding a new article 179 to  read  as
follows:

                               ARTICLE 179
                 CRIMINAL DIVERSION OF MEDICAL MARIHUANA
SECTION 179.00 CRIMINAL DIVERSION OF MEDICAL MARIHUANA; DEFINITIONS.
        179.05 CRIMINAL DIVERSION OF MEDICAL MARIHUANA; LIMITATIONS.
        179.10 CRIMINAL  DIVERSION  OF  MEDICAL  MARIHUANA  IN THE FIRST
                 DEGREE.
        179.11 CRIMINAL DIVERSION OF MEDICAL  MARIHUANA  IN  THE  SECOND
                 DEGREE.
        179.15 CRIMINAL RETENTION OF MEDICAL MARIHUANA.

A. 6357--E                         23

S 179.00 CRIMINAL DIVERSION OF MEDICAL MARIHUANA; DEFINITIONS.
  THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
  1.  "MEDICAL MARIHUANA" MEANS MEDICAL MARIHUANA AS DEFINED IN SUBDIVI-
SION EIGHT OF SECTION THIRTY-THREE HUNDRED SIXTY OF  THE  PUBLIC  HEALTH
LAW.
  2.   "CERTIFICATION"   MEANS   A  CERTIFICATION,  MADE  UNDER  SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THE PUBLIC HEALTH LAW.
S 179.05 CRIMINAL DIVERSION OF MEDICAL MARIHUANA; LIMITATIONS.
  THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO:
  1. A PRACTITIONER AUTHORIZED TO ISSUE A  CERTIFICATION  WHO  ACTED  IN
GOOD FAITH IN THE LAWFUL COURSE OF HIS OR HER PROFESSION; OR
  2.  A  REGISTERED  ORGANIZATION AS THAT TERM IS DEFINED IN SUBDIVISION
NINE OF SECTION THIRTY-THREE HUNDRED SIXTY OF THE PUBLIC HEALTH LAW  WHO
ACTED IN GOOD FAITH IN THE LAWFUL COURSE OF THE PRACTICE OF PHARMACY; OR
  3.  A  PERSON  WHO  ACTED  IN GOOD FAITH SEEKING TREATMENT FOR MEDICAL
CONDITION OR ASSISTING ANOTHER PERSON TO OBTAIN TREATMENT FOR A  MEDICAL
CONDITION.
S 179.10 CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE FIRST DEGREE.
  A  PERSON  IS GUILTY OF CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE
FIRST DEGREE WHEN HE OR SHE IS A PRACTITIONER, AS THAT TERM  IS  DEFINED
IN  SUBDIVISION  TWELVE  OF  SECTION  THIRTY-THREE  HUNDRED SIXTY OF THE
PUBLIC HEALTH LAW, WHO ISSUES A CERTIFICATION WITH KNOWLEDGE OF  REASON-
ABLE  GROUNDS TO KNOW THAT (I) THE RECIPIENT HAS NO MEDICAL NEED FOR IT,
OR (II) IT IS FOR A PURPOSE OTHER THAN TO TREAT A SERIOUS  CONDITION  AS
DEFINED  IN  SUBDIVISION  SEVEN OF SECTION THIRTY-THREE HUNDRED SIXTY OF
THE PUBLIC HEALTH LAW.
  CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE FIRST DEGREE IS A CLASS
E FELONY.
S 179.11 CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF CRIMINAL DIVERSION OF MEDICAL MARIHUANA  IN  THE
SECOND  DEGREE  WHEN  HE  OR  SHE  SELLS, TRADES, DELIVERS, OR OTHERWISE
PROVIDES MEDICAL MARIHUANA  TO  ANOTHER  WITH  KNOWLEDGE  OR  REASONABLE
GROUNDS  TO KNOW THAT THE RECIPIENT IS NOT REGISTERED UNDER TITLE FIVE-A
OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
  CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN  THE  SECOND  DEGREE  IS  A
CLASS B MISDEMEANOR.
S 179.15 CRIMINAL RETENTION OF MEDICAL MARIHUANA.
  A  PERSON  IS  GUILTY OF CRIMINAL RETENTION OF MEDICAL MARIHUANA WHEN,
BEING A CERTIFIED PATIENT OR DESIGNATED CAREGIVER, AS  THOSE  TERMS  ARE
DEFINED  IN  SUBDIVISIONS THREE AND FIVE OF SECTION THIRTY-THREE HUNDRED
SIXTY OF THE PUBLIC  HEALTH  LAW,  RESPECTIVELY,  HE  OR  SHE  KNOWINGLY
OBTAINS, POSSESSES, STORES OR MAINTAINS AN AMOUNT OF MARIHUANA IN EXCESS
OF THE AMOUNT HE OR SHE IS AUTHORIZED TO POSSESS UNDER THE PROVISIONS OF
TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
  CRIMINAL RETENTION OF MEDICAL MARIHUANA IS A CLASS A MISDEMEANOR.
  S  10. The opening paragraph of subdivision 1 of section 216.00 of the
criminal procedure law, as added by section 4 of part AAA of chapter  56
of the laws of 2009, is amended to read as follows:
  "Eligible defendant" means any person who stands charged in an indict-
ment  or  a  superior court information with a class B, C, D or E felony
offense defined in article ONE HUNDRED SEVENTY-NINE, two hundred  twenty
or  two  hundred  twenty-one  of  the  penal  law or any other specified
offense as defined in subdivision four of section 410.91 of  this  chap-
ter, provided, however, a defendant is not an "eligible defendant" if he
or she:

A. 6357--E                         24

  S  11.  Subdivision 5 of section 410.91 of the criminal procedure law,
as amended by section 8 of part AAA of chapter 56 of the laws  of  2009,
is amended to read as follows:
  5.  For  the  purposes  of  this  section, a "specified offense" is an
offense defined by any of the following provisions  of  the  penal  law:
burglary  in  the  third  degree  as defined in section 140.20, criminal
mischief in the third degree as  defined  in  section  145.05,  criminal
mischief in the second degree as defined in section 145.10, grand larce-
ny in the fourth degree as defined in subdivision one, two, three, four,
five,  six,  eight,  nine or ten of section 155.30, grand larceny in the
third degree as defined in section 155.35  (except  where  the  property
consists  of one or more firearms, rifles or shotguns), unauthorized use
of a vehicle in the second degree as defined in section 165.06, criminal
possession of stolen property in the fourth degree as defined in  subdi-
vision  one,  two,  three,  five  or  six  of  section  165.45, criminal
possession of stolen property in the third degree as defined in  section
165.50  (except  where  the  property  consists of one or more firearms,
rifles or shotguns), forgery in the second degree as defined in  section
170.10,  criminal possession of a forged instrument in the second degree
as defined in section 170.25, unlawfully using slugs in the first degree
as defined in section 170.60, CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN
THE FIRST DEGREE AS DEFINED IN SECTION 179.10 or an  attempt  to  commit
any  of the aforementioned offenses if such attempt constitutes a felony
offense; or a class B felony offense  defined  in  article  two  hundred
twenty where a sentence is imposed pursuant to paragraph (a) of subdivi-
sion  two  of section 70.70 of the penal law; or any class C, class D or
class E controlled substance or marihuana felony offense as  defined  in
article two hundred twenty or two hundred twenty-one.
  S  12.  This act shall take effect immediately and shall expire and be
deemed repealed seven years after such date; provided  that  the  amend-
ments  to section 171-a of the tax law made by section seven of this act
shall take effect on the same date and in the same manner as section  54
of  part A of chapter 59 of the laws of 2014 takes effect; and provided,
further, that the amendments to subdivision 5 of section 410.91  of  the
criminal  procedure  law  made  by  section eleven of this act shall not
affect the expiration and repeal of such section and shall expire and be
deemed repealed therewith.

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