senate Bill S4406

Amended

Legalizes the possession, manufacture, use, delivery, transfer, transport or administration of medical marihuana by a certified patient or designated caregiver

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 26 / Mar / 2013
    • REFERRED TO HEALTH
  • 14 / Jun / 2013
    • AMEND AND RECOMMIT TO HEALTH
  • 14 / Jun / 2013
    • PRINT NUMBER 4406A
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 07 / Apr / 2014
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 25 / Apr / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 25 / Apr / 2014
    • PRINT NUMBER 4406B
  • 20 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 06 / Jun / 2014
    • AMEND AND RECOMMIT TO FINANCE
  • 06 / Jun / 2014
    • PRINT NUMBER 4406C
  • 12 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 16 / Jun / 2014
    • AMEND AND RECOMMIT TO RULES
  • 16 / Jun / 2014
    • PRINT NUMBER 4406D

Summary

Legalizes the possession, acquisition, use, delivery, transfer, transport or administration of medical marihuana by a certified patient or 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 serious condition should be treated with the medical use of marihuana; provides that possession or acquisition of marihuana shall be lawful under these provisions provided that the marihuana possessed does not exceed a total aggregate weight of two and a half ounces; directs the department of health to monitor such use and promulgate rules and regulations for registry identification cards; provides for reports by the department of health to the governor and legislature on the medical use of marihuana.

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Bill Details

See Assembly Version of this Bill:
A6357
Versions:
S4406
S4406A
S4406B
S4406C
S4406D
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add Art 33 Title 5-A §§3360 - 3369-b, amd §3343-a, Pub Health L; add Art 20-B §490, Tax L; amd §853, Gen Bus L; amd §221.00, Pen L

Sponsor Memo

BILL NUMBER:S4406

TITLE OF BILL: An act to amend the public health law, the tax law,
the general business law and the penal law, in relation to medical use
of marihuana

PURPOSE OR GENERAL IDEA OF BILL:

This would allow certified patients to use marihuana to treat a
serious illness under medical supervision.

SUMMARY OF SPECIFIC PROVISIONS:

This would allow medical use of marihuana under a health care
practitioner's care, for patients with cancer and other severe
debilitating or life-threatening conditions. The bill would set up a
tightly regulated and controlled medical marihuana system.

A practitioner (licensed physician, physician assistant, or nurse
practitioner could certify that a patient has a severe debilitating or
life-threatening condition that can and should be treated with the
medical use of marihuana. Certified patients would register with the
Health Department. Certifying and dispensing medical marihuana would
be included in the I-STOP system for controlled substances enacted in
2012.

The Health Department would license and regulate "registered
organizations" to produce and dispense medical marihuana for certified
patients. They could be hospitals, for-profit businesses, or
not-for-profit corporations. They would be required to comply with
detailed "seed to sale" security controls and regulations. A clinical
advisory committee made up predominately of health care professionals
would advise the Health Commissioner on clinical matters.

The bill would impose an excise tax on manufacturing and dispensing
medical marihuana. Half the revenue would be shared with the locality
where it is manufactured or dispensed.

JUSTIFICATION:

Thousands of New Yorkers have serious medical conditions that may
benefit from medical use of marihuana. The National Academy of
Sciences' Institute of Medicine concluded in a 1999 report that
"nausea, appetite loss, pain and anxiety_all can be mitigated by
marijuana." Doctors and patients have documented that marihuana can be
an effective treatment where other medications have failed - for at
least some patients who suffer from HIV/AIDS, cancer, epilepsy,
multiple sclerosis, and other life-threatening or debilitating
conditions.

Although for many patients other drugs may be more effective than
marihuana, the Institute of Medicine noted that "there will likely
always be a subpopulation of patients who do not respond well to other
medications," Medical marihuana must be available to those patients.

The active ingredient in marihuana, THC, has been approved for medical
use by the Federal Food and Drug Administration and the Drug


Enforcement Agency since-1986 in synthetic pill form. But consuming it
in natural form -- which many physicians say is more effective -
continues to be illegal. In an editorial in the January 30, 1997 New
England Journal of Medicine, Dr. Jerome P. Kassirer, editor of the
Journal, explained that inhaling THC is more effective than taking the
synthetic pill: "smoking marijuana produces a rapid increase in the
blood level of the active ingredients and is thus more likely to be
therapeutic." It also enables tighter control of the amount ingested.
According to the institute of Medicine, "it is well recognized that
(the) oral route of administration harmers its effectiveness because
of slow absorption and patients' desire for more control over dosing."

Legalizing the medical use of effective medicine does not undermine
the message that non-medical use of illegal drugs is wrong.

Many controlled substances that are legal for medical use (such as
morphine, Valium and steroids) are otherwise illegal. In the same New
England Journal of Medicine editorial, Dr. Kassirer argued that "it is
also hypocritical to forbid physicians to prescribe marijuana while
permitting them to use morphine and meperidine to relive extreme
dyspnea and pain"

The bill amends the Public Health Law rather than the Penal Law
because the Penal Law's controlled substances provisions all relate
back to the Public Health Law. Thus, all the acts that the bill makes
lawful under the Public Health Law would, by definition, be legal
under the Penal Law.

PRIOR LEGISLATIVE HISTORY:

New bill. Similar legislation died in the Health Committee in 2012.

FISCAL IMPLICATIONS:

Substantial revenue would be raised by an excise tax on medical
marihuana, plus administrative fees. There would be minimal
administrative expenses.

EFFECTIVE DATE:

Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4406

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 26, 2013
                               ___________

Introduced  by  Sens.  SAVINO,  ADAMS, AVELLA, BRESLIN, CARLUCCI, DILAN,
  KRUEGER, MONTGOMERY, SAMPSON, SQUADRON,  TKACZYK  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Health

AN ACT to amend the public health law, the tax law, the general business
  law and the penal law, in relation to medical use of marihuana

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

  Section 1. Legislative findings and intent. The legislature finds that
thousands  of  New  Yorkers  have serious medical conditions that can be
improved by medically-approved use of  marihuana.  The  law  should  not
stand  between  them  and  treatment necessary for life and health. This
legislation follows the well-established public policy that a controlled
substance can have a legitimate medical use. Many controlled  substances
that are legal for medical use (such as morphine and steroids) are ille-
gal  for  any other use. The purposes of article 33 of the public health
law include allowing legitimate use of controlled substances  in  health
care, including palliative care. This policy and this legislation do not
in  any  way  diminish  New  York  state's strong public policy and laws
against illegal drug use, nor should it be deemed in any manner to advo-
cate, authorize, promote, or legally or socially accept the use of mari-
huana for children or adults, for any non-medical use. This  legislation
is  an  appropriate exercise of the state's legislative power to protect
the health of its people under article 17 of the state constitution  and
the tenth amendment of the United States constitution.
  It is the legislative intent that this act be implemented consistently
with  these  findings  and principles, through a reasonable and workable
system with appropriate oversight; strong "seed to sale"  regulation  to
prevent  diversion,  abuse, and other illegal conduct; reasonable access
to and appropriate use of medical marihuana by certified patients; eval-
uation; and continuing research.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01604-04-3

S. 4406                             2

  S 2. 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. 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,
DELIVERY, TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF  MEDICAL  MARI-
HUANA  BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR USE AS PART OF
THE TREATMENT OF THE PATIENT'S SERIOUS CONDITION SPECIFIED IN A  CERTIF-
ICATION  UNDER  SECTION  THIRTY-THREE  HUNDRED  SIXTY-ONE OF THIS TITLE,
INCLUDING ENABLING THE PATIENT TO TOLERATE  TREATMENT  FOR  THE  SERIOUS
CONDITION.
  2.  "CARING FOR" MEANS TREATING OR COUNSELING 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 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.
  6. "PUBLIC PLACE" MEANS A PUBLIC PLACE AS DEFINED IN SECTION 240.00 OF
THE PENAL LAW, A MOTOR VEHICLE AS DEFINED IN SECTION ONE  HUNDRED  TWEN-
TY-FIVE  OF  THE  VEHICLE  AND  TRAFFIC  LAW,  AN AIRCRAFT AS DEFINED IN
SECTION TWO HUNDRED FORTY OF THE GENERAL BUSINESS LAW  OR  A  VESSEL  AS
DEFINED IN SECTION TWO OF THE NAVIGATION LAW.
  7. "SERIOUS CONDITION" MEANS A SEVERE DEBILITATING OR LIFE-THREATENING
CONDITION,  INCLUDING,  BUT  NOT  LIMITED TO, CANCER, GLAUCOMA, POSITIVE
STATUS FOR HUMAN IMMUNODEFICIENCY VIRUS OR  ACQUIRED  IMMUNE  DEFICIENCY
SYNDROME, PARKINSON'S DISEASE, MULTIPLE SCLEROSIS, DAMAGE TO THE NERVOUS
TISSUE  OF  THE  SPINAL  CORD  WITH OBJECTIVE NEUROLOGICAL INDICATION OF
INTRACTABLE SPASTICITY, EPILEPSY, CACHEXIA,  WASTING  SYNDROME,  CROHN'S
DISEASE,   POST-TRAUMATIC  STRESS  DISORDER,  NEUROPATHY,  FIBROMYALGIA,
ARTHRITIS, LUPUS, AND DIABETES, OR A  CONDITION  ASSOCIATED  WITH  OR  A
COMPLICATION  OF  SUCH  A  CONDITION OR ITS TREATMENT (INCLUDING BUT NOT
LIMITED TO INABILITY TO TOLERATE FOOD, NAUSEA,  VOMITING,  DYSPHORIA  OR
PAIN) SUBJECT TO LIMITATION IN REGULATION OF THE COMMISSIONER.
  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.

S. 4406                             3

  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 IS A PHYSICIAN,  PHYSICIAN
ASSISTANT,  OR  NURSE  PRACTITIONER,  ACTING  WITHIN  THE PRACTITIONER'S
LAWFUL SCOPE OF PRACTICE.
  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.
  S 3361. CERTIFICATION OF PATIENTS. 1. A PATIENT CERTIFICATION MAY ONLY
BE ISSUED IF A PRACTITIONER WHO IS CARING FOR THE PATIENT FOR A  SERIOUS
CONDITION CERTIFIES THAT: (A) THE PATIENT HAS A SERIOUS CONDITION, WHICH
SHALL  BE SPECIFIED IN THE PATIENT'S HEALTH CARE RECORD; (B) THE PATIENT
IS UNDER THE PRACTITIONER'S CARE FOR THE SERIOUS CONDITION; AND  (C)  IN
THE  PRACTITIONER'S  PROFESSIONAL  OPINION,  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 BE IN WRITING AND  INCLUDE  (A)  THE  NAME,
DATE  OF  BIRTH  AND  ADDRESS  OF  THE PATIENT; (B) A STATEMENT THAT THE
PATIENT HAS A SERIOUS CONDITION; THE PATIENT IS UNDER THE PRACTITIONER'S
CARE FOR THE SERIOUS CONDITION AND, IN THE  PRACTITIONER'S  PROFESSIONAL
OPINION,  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; (C) THE DATE; AND (D) THE NAME,
ADDRESS, FEDERAL REGISTRATION NUMBER, TELEPHONE NUMBER,  AND  THE  HAND-
WRITTEN  SIGNATURE OF THE CERTIFYING PRACTITIONER.  THE COMMISSIONER MAY
REQUIRE BY REGULATION THAT THE CERTIFICATION SHALL BE ON A FORM PROVIDED
BY THE DEPARTMENT IF THE COMMISSIONER DETERMINES THAT THE DEPARTMENT  IS
MAKING  CERTIFICATION  FORMS ADEQUATELY AVAILABLE.  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.  THE  PRACTITIONER  SHALL  GIVE  THE CERTIFICATION TO THE CERTIFIED
PATIENT, AND PLACE A COPY IN THE PATIENT'S HEALTH CARE RECORD.
  4. NO PRACTITIONER SHALL ISSUE A CERTIFICATION UNDER THIS SECTION  FOR
HIMSELF OR HERSELF.
  5.  A  REGISTRY  IDENTIFICATION  CARD  BASED  ON A CERTIFICATION SHALL
EXPIRE ONE YEAR AFTER THE DATE THE CERTIFICATION IS SIGNED BY THE  PRAC-
TITIONER; EXCEPT THAT WHERE A CERTIFIED PATIENT HAS A REGISTRY IDENTIFI-
CATION CARD BASED ON A CURRENT VALID CERTIFICATION, A NEW REGISTRY IDEN-
TIFICATION CARD BASED ON A NEW CERTIFICATION SHALL EXPIRE ONE YEAR AFTER
THE  EXPIRATION OF THE REGISTRY IDENTIFICATION CARD BASED ON THE CURRENT
VALID CERTIFICATION. HOWEVER,
  (A) IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT, IN THE PRAC-
TITIONER'S PROFESSIONAL OPINION, THE PATIENT WOULD BENEFIT FROM  MEDICAL
MARIHUANA  ONLY  UNTIL A SPECIFIED EARLIER DATE, THEN THE REGISTRY IDEN-
TIFICATION CARD SHALL EXPIRE ON THAT DATE;

S. 4406                             4

  (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 NOT EXPIRE UNTIL THE PATIENT DIES;
AND
  (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.
  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 DOES
NOT EXCEED A TOTAL AGGREGATE WEIGHT OF TWO AND ONE-HALF OUNCES OF  MARI-
HUANA; AND
  (B) THE MARIHUANA THAT MAY BE POSSESSED BY A DESIGNATED CAREGIVER 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.
  2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION:
  (A) POSSESSION OF MARIHUANA SHALL NOT BE LAWFUL UNDER THIS TITLE IF IT
IS CONSUMED, GROWN OR DISPLAYED IN A PUBLIC PLACE;
  (B) MEDICAL MARIHUANA MAY NOT BE SMOKED IN ANY PLACE WHERE TOBACCO MAY
NOT BE SMOKED UNDER ARTICLE THIRTEEN-E OF THIS CHAPTER;
  (C) EXCEPT THAT IN A HEALTH CARE FACILITY, MEDICAL  MARIHUANA  MAY  BE
SMOKED BY A PATIENT OF THE FACILITY, SUBJECT TO OTHER PROVISIONS OF THIS
TITLE,  IN  AN AREA, AND UNDER CIRCUMSTANCES, PERMITTED BY THE FACILITY,
PROVIDED THAT THE PATIENT DOES NOT SMOKE IN THE PRESENCE OF PATIENTS WHO
ARE NOT CERTIFIED UNDER THIS TITLE.
  3. IT SHALL BE LAWFUL UNDER THIS ARTICLE TO GIVE OR DISPOSE  OF  MARI-
HUANA,  OBTAINED  UNDER  THIS  TITLE, FOR CERTIFIED MEDICAL USE, BETWEEN
CERTIFIED PATIENTS AND OTHER CERTIFIED PATIENTS, AND  BETWEEN  A  DESIG-
NATED  CAREGIVER  AND THE DESIGNATED CAREGIVER'S CERTIFIED PATIENT WHERE
NOTHING OF VALUE IS TRANSFERRED IN RETURN, OR TO OFFER TO DO  THE  SAME.
THIS  PROHIBITION  ON  TRANSFERRING  OR  OFFERING TO TRANSFER A THING OF
VALUE SHALL NOT:
  (A) APPLY TO SALE OF MEDICAL MARIHUANA TO OR BY A REGISTERED ORGANIZA-
TION UNDER THIS ARTICLE; NOR
  (B) PREVENT A DESIGNATED CAREGIVER FROM BEING REIMBURSED  FOR  REASON-
ABLE  COSTS  OR  ACTIVITIES  RELATING TO CARING FOR A CERTIFIED PATIENT,
INCLUDING, BUT NOT LIMITED TO,  REIMBURSEMENT  FOR  LEGITIMATE  EXPENSES
RELATING  TO  THE PURCHASE OF MEDICAL MARIHUANA FROM A REGISTERED ORGAN-
IZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-SIX OF THIS TITLE.
  S 3363. REGISTRY IDENTIFICATION CARDS.  1. 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 NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF
THIS SECTION.  THE DEPARTMENT MAY SPECIFY A FORM FOR A REGISTRY APPLICA-
TION, 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.

S. 4406                             5

  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, THE ORIGINAL PATIENT'S CERTIF-
ICATION  (A  NEW  WRITTEN CERTIFICATION SHALL BE PROVIDED WITH A RENEWAL
APPLICATION);
  (B) IN THE CASE OF A CERTIFIED PATIENT,
  (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT;
  (II) THE DATE OF THE CERTIFICATION;
  (III) 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;
  (IV) THE SPECIFIED DATE UNTIL WHICH THE  PATIENT  WOULD  BENEFIT  FROM
MEDICAL MARIHUANA, IF THE CERTIFICATION STATES SUCH A DATE;
  (V)  THE  NAME,  ADDRESS,  FEDERAL  REGISTRATION NUMBER, AND TELEPHONE
NUMBER OF THE CERTIFYING PRACTITIONER; AND
  (VI) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE  DEPART-
MENT;
  (C)  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;  A CERTIFIED PATIENT MAY DESIGNATE UP TO TWO DESIG-
NATED CAREGIVERS; EXCEPT THAT A CERTIFIED  PATIENT  MAY  DESIGNATE  MORE
THAN  TWO  CAREGIVERS  IF  THE  ADDITIONAL CAREGIVERS ARE MEMBERS OF THE
CERTIFIED PATIENT'S IMMEDIATE FAMILY OR PHYSICAL HOUSEHOLD;
  (D) 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;
  (E) A STATEMENT THAT A FALSE STATEMENT  MADE  IN  THE  APPLICATION  IS
PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW;
  (F)  THE  DATE  OF  THE APPLICATION AND THE SIGNATURE OF THE CERTIFIED
PATIENT OR DESIGNATED CAREGIVER, AS THE CASE MAY BE; AND
  (G) A REASONABLE APPLICATION FEE, AS  DETERMINED  BY  THE  DEPARTMENT;
PROVIDED,  THAT  THE  DEPARTMENT MAY WAIVE OR REDUCE THE FEE IN CASES OF
FINANCIAL HARDSHIP.
  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.
  5.  NO PERSON MAY BE A DESIGNATED CAREGIVER FOR MORE THAN FIVE  CERTI-
FIED PATIENTS AT ONE TIME.

S. 4406                             6

  6.  THE  DEPARTMENT SHALL ISSUE SEPARATE REGISTRY IDENTIFICATION CARDS
FOR CERTIFIED PATIENTS AND DESIGNATED CAREGIVERS WITHIN THIRTY  DAYS  OF
RECEIVING  A  COMPLETE  APPLICATION UNDER THIS SECTION, UNLESS IT DETER-
MINES THAT THE APPLICATION IS  INCOMPLETE  OR  FACIALLY  INACCURATE,  IN
WHICH CASE IT SHALL PROMPTLY NOTIFY THE APPLICANT.
  7.  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.
  8. A REGISTRY IDENTIFICATION CARD SHALL CONTAIN:
  (A)  THE  NAME OF THE CERTIFIED PATIENT OR THE DESIGNATED CAREGIVER AS
THE CASE MAY BE;
  (B) THE DATE OF ISSUANCE AND EXPIRATION DATE OF THE REGISTRY IDENTIFI-
CATION CARD;
  (C) A REGISTRY IDENTIFICATION NUMBER  FOR  THE  CERTIFIED  PATIENT  OR
DESIGNATED  CAREGIVER,  AS THE CASE MAY BE AND A REGISTRY IDENTIFICATION
NUMBER; AND
  (D) 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.
  9. 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, OR IF  HE
OR  SHE  CEASES TO HAVE THE SERIOUS CONDITION NOTED ON THE CERTIFICATION
WITHIN TEN DAYS OF SUCH CHANGE.
  10. IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER LOSES  HIS  OR  HER
REGISTRY  IDENTIFICATION CARD, HE OR SHE SHALL NOTIFY THE DEPARTMENT AND
SUBMIT A TEN 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  REPLACE-
MENTS FOR A LOST CARD, PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE
THE  FEE  IN  CASES OF FINANCIAL HARDSHIP.   WITHIN FIVE DAYS AFTER SUCH
NOTIFICATION AND PAYMENT, THE DEPARTMENT  SHALL  ISSUE  A  NEW  REGISTRY
IDENTIFICATION  CARD,  WHICH  MAY  CONTAIN A NEW REGISTRY IDENTIFICATION
NUMBER, TO THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER,  AS  THE  CASE
MAY BE.
  11.  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 NOTI-
FY ANY APPROPRIATE LAW ENFORCEMENT AGENCY OF INFORMATION RELATING TO ANY
VIOLATION OR SUSPECTED VIOLATION OF THIS TITLE.
  12. THE DEPARTMENT SHALL VERIFY TO LAW  ENFORCEMENT  PERSONNEL  IN  AN
APPROPRIATE CASE WHETHER A REGISTRY IDENTIFICATION CARD IS VALID.
  13.  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.
  14. (A) REGISTRY IMPLEMENTATION DATE. AS USED IN THIS SUBDIVISION, THE
"REGISTRY IMPLEMENTATION DATE" IS THE DATE DETERMINED BY THE COMMISSION-

S. 4406                             7

ER WHEN THE DEPARTMENT IS READY TO  RECEIVE  AND  EXPEDITIOUSLY  ACT  ON
APPLICATIONS FOR REGISTRY IDENTIFICATION CARDS UNDER THIS SECTION.
  (B)  ON AND AFTER THE REGISTRY IMPLEMENTATION DATE, UPON RECEIPT OF AN
APPLICATION FOR A REGISTRY IDENTIFICATION  CARD,  THE  DEPARTMENT  SHALL
SEND  TO  THE  APPLICANT  A LETTER ACKNOWLEDGING SUCH RECEIPT. WHILE THE
APPLICATION FOR A REGISTRY IDENTIFICATION CARD IS PENDING, A COPY OF THE
REGISTRY APPLICATION, TOGETHER WITH A COPY OF THE CERTIFICATION (IN  THE
CASE  OF  A  CERTIFIED PATIENT) AND A COPY OF THE LETTER OF RECEIPT FROM
THE DEPARTMENT, SHALL SERVE AS AND HAVE THE SAME EFFECT  AS  A  REGISTRY
IDENTIFICATION  CARD  FOR THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER,
PROVIDED THAT A CERTIFICATION AND APPLICATION SHALL NOT SERVE AS A VALID
REGISTRY IDENTIFICATION CARD AFTER THE INITIAL THIRTY DAY  PERIOD  UNDER
SUBDIVISION  SIX  OF THIS SECTION.  THIS PARAGRAPH SHALL EXPIRE AND HAVE
NO EFFECT ONE YEAR AFTER THE REGISTRY IMPLEMENTATION DATE.
  15. IF THE DEPARTMENT FAILS TO BEGIN ISSUING  REGISTRY  IDENTIFICATION
CARDS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, A
PATIENT'S  CERTIFICATION SHALL SERVE AS THE REGISTRY IDENTIFICATION CARD
FOR BOTH THE PATIENT AND THE PATIENT'S DESIGNATED CAREGIVER.
  S 3364. REGISTERED ORGANIZATIONS. 1. A REGISTERED  ORGANIZATION  SHALL
BE:
  (A) A FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER; OR
  (B)  A FOR-PROFIT BUSINESS ENTITY OR NOT-FOR-PROFIT CORPORATION ORGAN-
IZED 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,  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.   A REGISTERED ORGANIZATION MAY TRANSFER
POSSESSION OF MARIHUANA TO, AND MAY RECOVER POSSESSION OF  IT  FROM,  AN
ENTITY  LICENSED  BY  THE  DEPARTMENT UNDER SECTION THIRTY-THREE HUNDRED
TWENTY-FOUR OF THIS TITLE FOR PURPOSES OF CHEMICAL ANALYSIS.
  3. A REGISTERED ORGANIZATION MAY LAWFULLY, IN GOOD FAITH, SELL, DELIV-
ER, 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
REGISTRY IDENTIFICATION NUMBER OF THE CERTIFIED PATIENT AND  THE  DESIG-
NATED CAREGIVER (IF ANY); AND THE QUANTITY OF MARIHUANA SOLD. THE REGIS-
TERED  ORGANIZATION  SHALL  RETAIN A COPY OF THE REGISTRY IDENTIFICATION
CARD AND THE RECEIPT FOR ONE YEAR.
  4.  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.
  5.  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,

S. 4406                             8

  (B)  ANY POTENTIAL DANGERS STEMMING FROM THE USE OF MEDICAL MARIHUANA,
AND
  (C) HOW TO RECOGNIZE WHAT MAY BE PROBLEMATIC USAGE OF MEDICAL MARIHUA-
NA AND OBTAIN APPROPRIATE SERVICES OR TREATMENT  FOR PROBLEMATIC USAGE.
  6.  MANUFACTURING  OF  MEDICAL  MARIHUANA BY A REGISTERED ORGANIZATION
SHALL ONLY BE DONE IN AN INDOOR, ENCLOSED, SECURE FACILITY.
  7. 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.
  8. 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.
  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 FURNISH TO THE DEPARTMENT A DESCRIPTION OF THE ACTIVITIES IN WHICH
IT INTENDS TO ENGAGE AS A REGISTERED ORGANIZATION  AND  ANY  INFORMATION
THE DEPARTMENT SHALL REASONABLY REQUIRE AND EVIDENCE THAT THE APPLICANT:
  (I) AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARACTER;
  (II) 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;
  (III) IS ABLE TO MAINTAIN EFFECTIVE SECURITY AND  CONTROL  TO  PREVENT
DIVERSION,  ABUSE,  AND OTHER ILLEGAL CONDUCT RELATING TO THE MARIHUANA;
AND
  (IV) IS ABLE TO COMPLY WITH ALL APPLICABLE STATE LAWS AND  REGULATIONS
RELATING  TO  THE  ACTIVITIES  IN  WHICH  IT INTENDS TO ENGAGE UNDER THE
REGISTRATION.
  (B) THE APPLICATION SHALL ESTABLISH THE APPLICANT'S STATUS UNDER PARA-
GRAPH (A) OR (B) OF SUBDIVISION  ONE  OF  SECTION  THIRTY-THREE  HUNDRED
SIXTY-FOUR OF THIS TITLE.
  (C)  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:
  (I) 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;
  (II) 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
  (III) SUCH  OTHER  INFORMATION  AS  THE  COMMISSIONER  MAY  REASONABLY
REQUIRE.
  (D)  THE  APPLICANT  SHALL BE UNDER A CONTINUING DUTY TO REPORT TO THE
DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED IN THE  APPLI-
CATION  OR  ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUMSTANCE WHICH
IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
  2. 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;

S. 4406                             9

  (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; IN
THE CASE OF AN APPLICANT UNDER SUBDIVISION ONE OF  SECTION  THIRTY-THREE
HUNDRED  SIXTY-FOUR OF THIS TITLE, THE COMMISSIONER MAY CONSIDER WHETHER
THE NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA WILL  BE  ADEQUATE  OR
EXCESSIVE TO REASONABLY SERVE THE AREA; AND
  (VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
TER.
  (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 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 MATTERS 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.
  3.  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.
  4.  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

S. 4406                            10

  (II)  EVERY KNOWN CHARGE OR INVESTIGATION, PENDING OR CONCLUDED DURING
THE PERIOD OF THE REGISTRATION, BY ANY GOVERNMENTAL 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 FORTY-FIVE
DAYS AFTER THE FILING OF THE APPLICATION 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  APPLICA-
TION 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 THIRTY DAYS OF SERVICE 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  FOR
HEARING  NOT  SOONER  THAN FIFTEEN DAYS NOR LATER THAN THIRTY DAYS AFTER
RECEIPT OF THE DEMAND, UNLESS SUCH TIME  LIMITATION  IS  WAIVED  BY  THE
APPLICANT.
  5.  GRANTING  OF  RENEWAL OF REGISTRATIONS. (A) THE COMMISSIONER SHALL
RENEW A REGISTRATION UNLESS HE OR SHE  DETERMINES  AND  FINDS  THAT  THE
APPLICANT:
  (I)  IS  UNLIKELY TO MAINTAIN OR BE ABLE TO MAINTAIN EFFECTIVE CONTROL
AGAINST DIVERSION; OR
  (II) IS UNLIKELY TO COMPLY WITH  ALL  STATE  LAWS  APPLICABLE  TO  THE
ACTIVITIES IN WHICH IT MAY ENGAGE UNDER THE REGISTRATION; OR
  (III)  IS  AN  APPLICANT UNDER SUBDIVISION ONE OF SECTION THIRTY-THREE
HUNDRED SIXTY-FOUR OF THIS TITLE, IN WHICH  CASE  THE  COMMISSIONER  MAY
CONSIDER  WHETHER  THE  NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA IS
ADEQUATE OR EXCESSIVE TO REASONABLY SERVE THE AREA.
  (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  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 SUBSTANTIAL
EVIDENCE THAT THE APPLICANT  WILL  BE  UNLIKELY  TO  MAINTAIN  EFFECTIVE
CONTROL  AGAINST DIVERSION OR WILL BE UNLIKELY TO COMPLY WITH THE APPLI-
CABLE STATE STATUTES DURING THE PERIOD OF PROPOSED RENEWAL.
  6. 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.
CONDUCT IN COMPLIANCE WITH THIS TITLE, BUT WHICH MAY VIOLATE CONFLICTING
FEDERAL LAW, SHALL NOT BE GROUNDS TO SUSPEND OR  TERMINATE  A  REGISTRA-
TION.
  7.  A  REGISTERED  ORGANIZATION  IS  ENTITLED  TO  ALL  OF THE RIGHTS,
PROTECTIONS, AND PROCEDURES PROVIDED TO A LICENSEE UNDER THIS ARTICLE.

S. 4406                            11

  8. THE DEPARTMENT SHALL BEGIN  ISSUING  REGISTRATIONS  FOR  REGISTERED
ORGANIZATIONS  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
SECTION.
  9.  THE  COMMISSIONER SHALL DETERMINE THE APPROPRIATE NUMBER OF REGIS-
TERED ORGANIZATIONS AND  FACILITIES  TO  PROMOTE  REASONABLE  ACCESS  TO
MEDICAL MARIHUANA IN THE INTEREST OF CERTIFIED PATIENTS AND THE PUBLIC.
  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, 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.
  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. 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.
  2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE OR PROHIBIT  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 TWEN-
TY-FIVE OF THIS CHAPTER OR ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
  3. A PERSON OR ENTITY SHALL  NOT  BE  SUBJECT  TO  CRIMINAL  OR  CIVIL
LIABILITY  OR  PROFESSIONAL DISCIPLINE FOR ACTING REASONABLY AND IN GOOD
FAITH PURSUANT TO THIS TITLE.
  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.
STATE  OR  LOCAL  LAW  ENFORCEMENT  AGENCIES SHALL NOT COOPERATE WITH OR
PROVIDE ASSISTANCE TO THE GOVERNMENT OF THE UNITED STATES OR ANY  AGENCY
THEREOF  IN ENFORCING THE CONTROLLED SUBSTANCES ACT, 21 U.S.C. S 801 ET.
SEQ., SOLELY FOR ACTIONS AND CONDUCT CONSISTENT WITH THIS TITLE,  EXCEPT
AS PURSUANT TO A VALID COURT ORDER.

S. 4406                            12

  2.  AFFIRMATIVE  DEFENSE. A PATIENT AND A PATIENT'S CAREGIVER WHO HAVE
FAILED TO OBTAIN A REGISTRY IDENTIFICATION CARD MAY ASSERT  AN  AFFIRMA-
TIVE  DEFENSE TO ANY PROSECUTION UNDER STATE LAW FOR ACTIONS AND CONDUCT
THAT IS OTHERWISE CONSISTENT WITH THE CERTIFIED MEDICAL USE OF MARIHUANA
AS DEFINED UNDER THIS TITLE.
  3.  INCIDENTAL  AMOUNT  OF  MARIHUANA. ANY INCIDENTAL AMOUNT OF SEEDS,
STALKS, AND UNUSABLE ROOTS SHALL NOT BE INCLUDED IN THE  AMOUNTS  SPECI-
FIED  IN  SUBDIVISION  ONE  OF SECTION THIRTY-THREE HUNDRED SIXTY-TWO OF
THIS TITLE.
  4. SCHOOL, EMPLOYER, OR  LANDLORD  MAY  NOT  DISCRIMINATE.  A  SCHOOL,
EMPLOYER,  OR LANDLORD MAY NOT REFUSE TO ENROLL OR EMPLOY OR LEASE TO OR
OTHERWISE PENALIZE A PERSON SOLELY FOR THAT PERSON'S STATUS AS A  CERTI-
FIED  PATIENT  OR DESIGNATED CAREGIVER UNLESS FAILING TO DO SO WOULD PUT
THE SCHOOL, EMPLOYER, OR LANDLORD IN VIOLATION OF FEDERAL LAW  OR  CAUSE
IT TO LOSE A FEDERAL CONTRACT OR FUNDING.
  5.  PERSON MAY NOT BE DENIED MEDICAL CARE, INCLUDING ORGAN TRANSPLANT.
FOR THE  PURPOSES  OF  MEDICAL  CARE,  INCLUDING  ORGAN  TRANSPLANTS,  A
PATIENT'S  MEDICAL  USE  OF MARIHUANA SHALL NOT CONSTITUTE THE USE OF AN
ILLICIT  SUBSTANCE  AND  MAY  ONLY  BE  CONSIDERED   WITH   RESPECT   TO
EVIDENCE-BASED CLINICAL CRITERIA.
  6.  PERSON  MAY NOT BE DENIED CUSTODY OR VISITATION OF MINOR. A PERSON
SHALL NOT BE DENIED CUSTODY OR VISITATION  OF  A  MINOR  FOR  ACTING  IN
ACCORDANCE  WITH THIS TITLE UNLESS THE PERSON'S BEHAVIOR IS SUCH THAT IT
CREATES AN UNREASONABLE DANGER TO THE MINOR THAT CAN BE  CLEARLY  ARTIC-
ULATED AND SUBSTANTIATED.
  7.  EFFECT OF REGISTRY IDENTIFICATION CARD ISSUED BY ANOTHER JURISDIC-
TION. A REGISTRY IDENTIFICATION CARD, OR ITS EQUIVALENT, THAT IS  ISSUED
UNDER  THE  LAWS OF ANOTHER STATE, DISTRICT, TERRITORY, COMMONWEALTH, OR
POSSESSION OF THE UNITED STATES THAT ALLOWS THE MEDICAL USE OF MARIHUANA
HAS THE SAME FORCE AND EFFECT AS A REGISTRY IDENTIFICATION  CARD  ISSUED
BY  THE  DEPARTMENT, SO LONG AS THE VISITING PATIENT'S SERIOUS CONDITION
WOULD QUALIFY FOR THE CERTIFIED MEDICAL  USE  OF  MARIHUANA  UNDER  THIS
TITLE.
  S  3369-A.  REGULATIONS. 1. THE COMMISSIONER SHALL MAKE REGULATIONS TO
IMPLEMENT THIS TITLE.
  2. ADVISORY COMMITTEE. THERE IS HEREBY ESTABLISHED IN  THE  DEPARTMENT
AN ADVISORY COMMITTEE ON MEDICAL USE OF MARIHUANA (THE "ADVISORY COMMIT-
TEE")  TO ADVISE THE COMMISSIONER ON MAKING REGULATIONS UNDER THIS TITLE
AND ON ANY MATTERS RELATING TO THE IMPLEMENTATION OF THIS TITLE  AS  THE
COMMISSIONER  SHALL DETERMINE. THE MEMBERS OF THE ADVISORY COMMITTEE AND
ANY SUBCOMMITTEE OF THE ADVISORY  COMMITTEE  ("SUBCOMMITTEE")  SHALL  BE
APPOINTED  BY THE COMMISSIONER AND INCLUDE BUT NOT BE LIMITED TO: HEALTH
CARE PRACTITIONERS, PATIENTS OR REPRESENTATIVES OF PATIENTS WITH SERIOUS
CONDITIONS, EXPERTS IN  THE  REGULATION  OF  CONTROLLED  SUBSTANCES  FOR
MEDICAL  USE,  MEDICAL MARIHUANA INDUSTRY PROFESSIONALS AND LAW ENFORCE-
MENT. THE COMMISSIONER MAY  ALSO  FORM  SUBCOMMITTEES  OF  THE  ADVISORY
COMMITTEE.  THE  COMMISSIONER  SHALL  FORM  A SUBCOMMITTEE TO ADVISE THE
COMMISSIONER ON CLINICAL MATTERS  RELATING  TO  MEDICAL  MARIHUANA,  THE
MEMBERS OF WHICH SHALL PREDOMINANTLY BE CLINICAL PROFESSIONALS IN APPRO-
PRIATE  AREAS  OF  EXPERTISE  AND  SHALL ALSO INCLUDE REPRESENTATIVES OF
PATIENTS AND THE GENERAL PUBLIC. MEMBERS OF A SUBCOMMITTEE NEED  NOT  BE
MEMBERS  OF THE ADVISORY COMMITTEE. MEMBERS OF THE ADVISORY COMMITTEE OR
A SUBCOMMITTEE SHALL SERVE AT THE PLEASURE OF THE COMMISSIONER.  MEMBERS
OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE MAY RECEIVE REIMBURSEMENT BY
THE  DEPARTMENT  FOR THEIR REASONABLE AND NECESSARY EXPENSES INCURRED AS

S. 4406                            13

MEMBERS OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE. A  PUBLIC  EMPLOYEE
MAY BE A MEMBER OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE.
  S 3369-B. SEVERABILITY. IF ANY PROVISION OF THIS TITLE OR THE APPLICA-
TION  THEREOF  TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, SUCH INVA-
LIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF  THIS  TITLE
WHICH  CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION,
AND TO THIS END THE PROVISIONS OF THIS TITLE ARE SEVERABLE.
  S 3. Section 3343-a of the public health law is amended  by  adding  a
new subdivision 8-a to read as follows:
  8-A.  MEDICAL  MARIHUANA.  AS  USED  IN  ANY PROVISION OF THIS ARTICLE
RELATING TO THE PRESCRIPTION MONITORING PROGRAM REGISTRY, THE  FOLLOWING
TERMS  SHALL  INCLUDE THE FOLLOWING IN RELATION TO MEDICAL MARIHUANA, IN
ADDITION TO THE MEANING EACH TERM WOULD OTHERWISE HAVE:
  (A) "PRESCRIPTION," "PRESCRIBE," AND  "PRESCRIBER,"  INCLUDE,  RESPEC-
TIVELY,  A  CERTIFICATION, THE ISSUING OF A CERTIFICATION, AND A PRACTI-
TIONER UNDER TITLE FIVE-A OF THIS ARTICLE.
  (B) "PHARMACY" INCLUDES A REGISTERED ORGANIZATION THAT  IS  AUTHORIZED
TO  DISPENSE  MEDICAL  MARIHUANA  UNDER  TITLE  FIVE-A  OF THIS ARTICLE;
PROVIDED THAT A REGISTERED ORGANIZATION THAT IS NOT A FACILITY  LICENSED
UNDER  ARTICLE  TWENTY-EIGHT OF THIS CHAPTER OR A PHARMACY UNDER ARTICLE
ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW SHALL NOT BE AUTHORIZED TO
CONSULT THE REGISTRY OR ACCESS  PATIENT-SPECIFIC  INFORMATION  FROM  THE
REGISTRY, INCLUDING UNDER SUBDIVISION THREE OF THIS SECTION AND SUBDIVI-
SION  TWO  OF  SECTION THIRTY-THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE,
BUT SHALL REPORT INFORMATION TO THE REGISTRY, INCLUDING  UNDER  SUBDIVI-
SION FOUR OF SECTION THIRTY-THREE HUNDRED THIRTY-THREE OF THIS ARTICLE.
  (C)  "PATIENT-SPECIFIC INFORMATION," IN RELATION TO MEDICAL MARIHUANA,
SHALL NOT INCLUDE INFORMATION NOT REQUIRED TO BE INCLUDED IN  A  CERTIF-
ICATION UNDER TITLE FIVE-A OF THIS ARTICLE.
  (D)  "CONTROLLED  SUBSTANCE" INCLUDES MEDICAL MARIHUANA, REGARDLESS OF
WHETHER THE PROVISION IN WHICH THE TERM IS FOUND IS LIMITED TO SCHEDULES
OTHER THAN SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THIS  ARTI-
CLE.
  (E)  "MEDICAL MARIHUANA" MEANS MEDICAL MARIHUANA UNDER TITLE FIVE-A OF
THIS ARTICLE.
  S 4. The tax law is amended by adding a new article 20-B  to  read  as
follows:
                              ARTICLE 20-B
                        TAX ON MEDICAL MARIHUANA
SECTION 490. EXCISE TAX ON MEDICAL MARIHUANA.
  S  490.  EXCISE  TAX ON MEDICAL MARIHUANA. 1. ALL DEFINITIONS OF TERMS
APPLICABLE TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC  HEALTH
LAW SHALL APPLY TO THIS ARTICLE.
  2.  THERE  IS HEREBY LEVIED AND IMPOSED ON REGISTERED ORGANIZATIONS AN
EXCISE TAX ON ALL MEDICAL MARIHUANA SOLD TO ANOTHER REGISTERED ORGANIZA-
TION OR TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER. THE  EXCISE  TAX
SHALL BE AT THE FOLLOWING RATES:
  (A)  FOR  MEDICAL MARIHUANA MANUFACTURED BY A REGISTERED ORGANIZATION:
ONE HUNDRED TWENTY-FIVE DOLLARS  FOR  EACH  POUND  OR  PART  THEREOF  OF
MEDICAL MARIHUANA MANUFACTURED BY THE REGISTERED ORGANIZATION.
  (B)  FOR  MEDICAL MARIHUANA DISPENSED TO A CERTIFIED PATIENT OR DESIG-
NATED CAREGIVER: ONE HUNDRED TWENTY-FIVE DOLLARS FOR EACH POUND OR  PART
THEREOF  OF  MEDICAL  MARIHUANA  DISPENSED; PROVIDED THAT IF THE MEDICAL
MARIHUANA UNDER THIS PARAGRAPH WAS OBTAINED BY THE REGISTERED  ORGANIZA-
TION  FROM AN ENTITY THAT DID NOT PAY AN EXCISE TAX ATTRIBUTABLE TO THAT

S. 4406                            14

MEDICAL MARIHUANA UNDER PARAGRAPH (A) OF THIS SUBDIVISION, THEN THE  TAX
UNDER THIS PARAGRAPH SHALL BE TWO HUNDRED FIFTY DOLLARS.
  3.  FIFTY  PERCENT  OF THE REVENUE RECEIVED BY THE DEPARTMENT SHALL BE
TRANSFERRED TO THE COUNTY IN WHICH THE MEDICAL  MARIHUANA  WAS  MANUFAC-
TURED  (IN  THE CASE OF REVENUE RECEIVED UNDER PARAGRAPH (A) OF SUBDIVI-
SION TWO OF THIS SECTION) OR DISPENSED (IN THE CASE OF REVENUE  RECEIVED
UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION). FOR PURPOSES OF
THIS SUBDIVISION, THE CITY OF NEW YORK SHALL BE DEEMED TO BE A COUNTY.
  4. THE COMMISSIONER SHALL MAKE REGULATIONS TO IMPLEMENT THIS ARTICLE.
  S  5.  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  6.  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  7. This act shall take effect immediately, provided that the amend-
ment to section 3343-a of the public health law made by section three of
this act shall take effect on the same date and in the  same  manner  as
section  2  of  part  A  of chapter 447 of the laws of 2012, as amended,
takes effect.

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