senate Bill S4406A

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:
A6357A
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:S4406A

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. Fifty percent or the revenue (divided equally
between the relevant County and City or Town) would be shared with the
locality where it is manufactured or dispensed. Five percent of New
York State's share of the half of the revenue would be transferred to
the Office of Alcoholism and Substance Abuse Services for additional
thud abuse prevention, counseling and treatment services.

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. Massirer, 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 hampers 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 meoeridine to relieve extreme
dyspnea and pain."

The bill amends the Public Health Law rather than the Penal Law
because the Penal Law's controlled substances provisions ail 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--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 26, 2013
                               ___________

Introduced  by  Sens.  SAVINO,  ADAMS, AVELLA, BRESLIN, CARLUCCI, DILAN,
  HOYLMAN, KLEIN, KRUEGER, MONTGOMERY, PARKER, SAMPSON, SQUADRON,  TKAC-
  ZYK  -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Health -- committee discharged, bill  amended,
  ordered reprinted as amended and recommitted to said committee

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 medical use of controlled substances in
health care, including palliative care. This legislation  establishes  a
medical model of care which regulates medical marihuana as a recommended
medicine  in  keeping  with  recognized medical public health and safety
standards. 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 advocate, authorize, promote,
or legally or socially accept the  use  of  marihuana  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 amend-
ment of the United States  constitution.  Furthermore,  the  legislature
finds  that  New  York  state has a significant and ongoing economic and
non-regulatory interest in the financial viability of organizations that

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01604-07-3

S. 4406--A                          2

sell marihuana for medical use. The legislature finds that the financial
viability of such organizations would be greatly diminished and  threat-
ened  by  labor-management conflict, such as a strike at a facility that
cultivates  marihuana, especially because of the need for enhanced secu-
rity concerning the products. Replacements  during  a  strike  would  be
difficult  to arrange and cause delay far more significant than a strike
elsewhere. Accordingly, the legislature  finds  that  the  state  has  a
substantial  and  compelling  proprietary  interest  in this matter, and
finds that labor peace is essential  for  any  organization  to  conduct
business relating to the sale of medical marihuana.
  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.
  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.

S. 4406--A                          3

  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, ARTHRITIS, LUPUS,
AND DIABETES, OR A CONDITION ASSOCIATED WITH OR A COMPLICATION OF SUCH A
CONDITION OR ITS TREATMENT 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.
  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.
  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.
  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

S. 4406--A                          4

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;
  (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
ILL AND THAT THE REGISTRATION 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.
  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

S. 4406--A                          5

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.
  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.

S. 4406--A                          6

  (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.
  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:
  (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; AND
  (E) BE A SECURE DOCUMENT.
  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-

S. 4406--A                          7

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-
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)  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
REGISTRY  IDENTIFICATION  NUMBER OF THE CERTIFIED PATIENT AND THE DESIG-
NATED CAREGIVER (IF ANY); THE DATE THE MARIHUANA WAS SOLD; AND THE QUAN-

S. 4406--A                          8

TITY OF MARIHUANA SOLD. THE REGISTERED ORGANIZATION SHALL RETAIN A  COPY
OF THE REGISTRY IDENTIFICATION CARD AND THE RECEIPT FOR SIX YEARS.
  (B)  THE REGISTERED ORGANIZATION SHALL REPORT TO THE DEPARTMENT, UNDER
SECTIONS THIRTY-THREE  HUNDRED  THIRTY-THREE  AND  THIRTY-THREE  HUNDRED
FORTY-THREE-A  OF  THIS ARTICLE, THE INFORMATION REQUIRED TO BE INCLUDED
IN THE RECEIPT UNDER THIS SUBDIVISION.
  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,
  (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, WHICH MAY
INCLUDE A GREENHOUSE.
  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.
  9. MEDICAL MARIHUANA SHALL BE DISPENSED  TO  A  CERTIFIED  PATIENT  OR
DESIGNATED CAREGIVER IN A SEALED AND PROPERLY LABELED PACKAGE.
  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;
  (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; AND
  (V) 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.
  (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.

S. 4406--A                          9

  (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;
  (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;
  (VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
TER; AND
  (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.
  (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;

S. 4406--A                         10

  (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
  (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:

S. 4406--A                         11

  (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;
  (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; OR
  (IV) 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  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.
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, BUT WHICH
MAY VIOLATE CONFLICTING FEDERAL LAW, SHALL NOT BE GROUNDS TO SUSPEND  OR
TERMINATE A REGISTRATION.
  7.  A  REGISTERED  ORGANIZATION  IS  ENTITLED  TO  ALL  OF THE RIGHTS,
PROTECTIONS, AND PROCEDURES PROVIDED TO A LICENSEE UNDER THIS ARTICLE.
  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.
DURING  THE  FIRST  TWO YEARS AFTER THIS TITLE TAKES EFFECT, THE COMMIS-
SIONER SHALL REGISTER NO MORE THAN  TEN  REGISTERED  ORGANIZATIONS  THAT
MANUFACTURE MEDICAL MARIHUANA.
  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-

S. 4406--A                         12

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.
  2. 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.
  3.  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.
  4. 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.
  5. 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.
  6. 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

S. 4406--A                         13

BY THE DEPARTMENT, SO LONG AS THE  VISITING  PATIENT'S  CONDITION  IS  A
SERIOUS  CONDITION, AS ATTESTED TO IN WRITING BY A PRACTITIONER. WHERE A
REGISTERED ORGANIZATION DISPENSES MEDICAL MARIHUANA TO A  PATIENT  UNDER
THIS  SUBDIVISION,  A  COPY  OF THE ATTESTATION SHALL BE PROVIDED TO THE
REGISTERED ORGANIZATION.
  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
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.

S. 4406--A                         14

  (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
MEDICAL MARIHUANA UNDER PARAGRAPH (A) OF THIS SUBDIVISION, THEN THE  TAX
UNDER THIS PARAGRAPH SHALL BE TWO HUNDRED FIFTY DOLLARS.
  3. TWENTY-FIVE 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
THE  PREVIOUS  SENTENCE,  THE  CITY  OF NEW YORK SHALL BE DEEMED TO BE A
COUNTY. TWENTY-FIVE PERCENT OF THE REVENUE RECEIVED  BY  THE  DEPARTMENT
SHALL  BE TRANSFERRED TO THE CITY OR TOWN IN WHICH THE MEDICAL MARIHUANA
WAS MANUFACTURED (IN THE CASE OF REVENUE RECEIVED UNDER PARAGRAPH (A) OF
SUBDIVISION TWO OF THIS SECTION) OR DISPENSED (IN THE  CASE  OF  REVENUE
RECEIVED  UNDER  PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION). FIVE
PERCENT OF THE REVENUE RECEIVED BY THE DEPARTMENT 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.
  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

S. 4406--A                         15

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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