senate Bill S4406B

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

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

Votes

9
8
9
Aye
8
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S4406B

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. Medical marihuana could not be smoked by patients under 21,
vaporization and other forms notwithstanding.

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. An advisory
committee would advise the Health Commissioner on all matters related
to this law, in particular the review of denied applications and the
expansion or retraction of the categories of diseases to be considered
"serious conditions" for purposes of this law.

The bill would impose an excise tax on manufacturing and dispensing
medical marihuana; the tax would be seven percent of the retail price
of the medical marihuana dispensed. Fifty percent of the revenue would
go to the State. Forty five percent of the revenue would go to the
locality where it is manufactured or dispensed (divided equally
between the County where it was manufactured and the County where it
was dispensed). Five percent would be transferred to the Office of
Alcoholism and Substance Abuse Services for additional drug 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 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: 2013 - died in Health Committee;
P-Assembly.

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--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 26, 2013
                               ___________

Introduced   by   Sens.   SAVINO,   AVELLA,  BRESLIN,  CARLUCCI,  DILAN,
  HASSELL-THOMPSON, HOYLMAN, KLEIN, KRUEGER, MONTGOMERY, O'BRIEN,  PARK-
  ER,  PERKINS,  SAMPSON,  SQUADRON,  TKACZYK  -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Health
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee -- recommitted to the  Committee  on
  Health  in  accordance  with  Senate  Rule  6,  sec.  8  --  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01604-09-4

S. 4406--B                          2

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
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.

S. 4406--B                          3

  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, CANCER, POSITIVE STATUS FOR HUMAN IMMUNODEFICIENCY
VIRUS OR ACQUIRED IMMUNE DEFICIENCY SYNDROME, AMYOTROPHIC LATERAL SCLER-
OSIS,  ALZHEIMER'S  DISEASE,  MUSCULAR DYSTROPHY, TRAUMATIC BRAIN INJURY
AND POST-CONCUSSION SYNDROME, DYSTONIA, PSORIASIS, 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,  RHEUMATOID  ARTHRITIS, LUPUS, AND DIABETES, OR A
CONDITION ASSOCIATED WITH OR A COMPLICATION OF SUCH A CONDITION  OR  ITS
TREATMENT,  OR ANY OTHER CONDITION THAT IS ADDED BY THE COMMISSIONER AND
THE  ADVISORY  COMMITTEE  PURSUANT  TO  SECTION   THIRTY-THREE   HUNDRED
SIXTY-NINE-A OF THIS TITLE.
  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, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, FORMS
THAT ARE EXTRACTS, VAPORIZABLE MATERIAL, OR PRODUCTS THAT ARE INFUSED OR
COMBINED WITH MARIHUANA.
  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

S. 4406--B                          4

BENEFIT  FROM  THE  PRIMARY  OR ADJUNCTIVE TREATMENT WITH MEDICAL USE OF
MARIHUANA FOR THE SERIOUS CONDITION, AND ANY SPECIFICATION OR LIMITATION
OF THE FORM OF MEDICAL MARIHUANA RECOMMENDED; (C) THE DATE; AND (D)  THE
NAME,  ADDRESS,  FEDERAL  REGISTRATION NUMBER, TELEPHONE NUMBER, AND THE
HANDWRITTEN SIGNATURE OF THE CERTIFYING PRACTITIONER.  THE  COMMISSIONER
MAY  REQUIRE  BY  REGULATION  THAT  THE CERTIFICATION SHALL BE ON A FORM
PROVIDED BY THE DEPARTMENT  IF  THE  COMMISSIONER  DETERMINES  THAT  THE
DEPARTMENT IS MAKING CERTIFICATION FORMS ADEQUATELY AVAILABLE. THE PRAC-
TITIONER  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 CERTIF-
ICATION 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;
  (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;
  (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; AND
  (D)  IF THE CERTIFICATION SO PROVIDES, ANY SPECIFICATION OR LIMITATION
OF THE FORM OF MEDICAL MARIHUANA RECOMMENDED.
  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 WEIGHT OF TWO AND ONE-HALF OUNCES  OF  MARIHUANA  PER
THIRTY DAY PERIOD; 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; AND
  (C) THE FORM OF MARIHUANA THAT  MAY  BE  POSSESSED  BY  THE  CERTIFIED
PATIENT  OR DESIGNATED CAREGIVER PURSUANT TO A CERTIFICATION SHALL BE IN
COMPLIANCE WITH ANY SPECIFICATION OR LIMITATION IN THE CERTIFICATION.

S. 4406--B                          5

  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; AND
  (C)  MEDICAL  MARIHUANA  MAY  NOT BE SMOKED BY ANYONE UNDER THE AGE OF
TWENTY-ONE. THIS SHALL NOT INCLUDE THE  USE  OF  ANY  VAPORIZED  MEDICAL
MARIJUANA.
  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.
  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

S. 4406--B                          6

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.
  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

S. 4406--B                          7

MEDICAL CONDITIONS AND MAY THEREFORE HAVE  DIFFICULTY  PROCURING  PHOTO-
GRAPHS;
  (E) BE A SECURE DOCUMENT; AND
  (F) PLAINLY STATE, IF THE CERTIFICATION SO PROVIDES, ANY SPECIFICATION
OR LIMITATION OF THE FORM OF MEDICAL MARIHUANA THAT IS RECOMMENDED.
  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-
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:

S. 4406--B                          8

  (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-
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.  (A)  NO  REGISTERED  ORGANIZATION MAY SELL, DELIVER, DISTRIBUTE OR
DISPENSE TO ANY CERTIFIED PATIENT OR DESIGNATED CAREGIVER A QUANTITY  OF
MEDICAL  MARIHUANA  LARGER  THAN  THAT  INDIVIDUAL  WOULD  BE ALLOWED TO
POSSESS UNDER THIS TITLE.
  (B) WHEN DISPENSING MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR DESIG-
NATED CAREGIVER, THE REGISTERED ORGANIZATION (I) SHALL NOT  DISPENSE  AN
AMOUNT  SUCH  THAT  THE  CERTIFIED PATIENT WILL HAVE BEEN DISPENSED MORE
THAN TWO AND A HALF OUNCES OF MEDICAL MARIHUANA IN THE  PREVIOUS  THIRTY
DAYS, COUNTING THE AMOUNT BEING DISPENSED, FROM ALL REGISTERED ORGANIZA-
TIONS,   AND   (II)   SHALL  VERIFY  THE  FOREGOING  BY  CONSULTING  THE
PRESCRIPTION MONITORING  PROGRAM  REGISTRY  UNDER  SECTION  THIRTY-THREE
HUNDRED FORTY-THREE-A OF THIS ARTICLE.
  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. REGISTERED ORGANIZATIONS SHALL  NOT  EMPLOY  ANYONE  WHO  HAS  BEEN
CONVICTED  OF  ANY FELONY OF OR RELATING TO POSSESSION OF DRUGS, NARCOT-
ICS, OR CONTROLLED SUBSTANCES.

S. 4406--B                          9

  7. MANUFACTURING OF MEDICAL MARIHUANA  BY  A  REGISTERED  ORGANIZATION
SHALL  ONLY  BE  DONE IN AN INDOOR, ENCLOSED, SECURE FACILITY, WHICH MAY
INCLUDE A GREENHOUSE.
  8.  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.
  9.  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.
  10.  MEDICAL  MARIHUANA  SHALL  BE DISPENSED TO A CERTIFIED PATIENT OR
DESIGNATED CAREGIVER IN A SEALED AND  PROPERLY  LABELED  PACKAGE.    THE
LABELING  SHALL CONTAIN: (A) THE PACKAGING DATE; (B) ANY APPLICABLE DATE
BY WHICH THE MEDICAL MARIHUANA SHOULD BE USED; AND (C) A  WARNING  STAT-
ING,  "THIS  PRODUCT IS FOR MEDICINAL USE ONLY. WOMEN SHOULD NOT CONSUME
DURING PREGNANCY OR WHILE BREASTFEEDING EXCEPT  ON  THE  ADVICE  OF  THE
CERTIFYING  HEALTH  CARE  PRACTITIONER, AND IN THE CASE OF BREASTFEEDING
MOTHERS, INCLUDING THE INFANT'S PEDIATRICIAN. THIS PRODUCT MIGHT  IMPAIR
THE ABILITY TO DRIVE.  KEEP OUT OF REACH OF CHILDREN."
  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, OR
IN THE ALTERNATIVE POSTS A BOND OF NOT LESS THAN TWO MILLION DOLLARS;
  (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.
  (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.

S. 4406--B                         10

  (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.
  (E)  IN  REVIEWING  APPLICATIONS, THE DEPARTMENT SHALL GIVE ADDITIONAL
CONSIDERATION TO APPLICANTS THAT UTILIZE A VERTICAL  INTEGRATION  MODEL.
FOR PURPOSES OF THIS TITLE, A VERTICAL INTEGRATION MODEL SHALL BE ONE IN
WHICH  A  REGISTERED ORGANIZATION POSSESSES LICENSES FOR BOTH PRODUCTION
AND DISPENSING.
  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;
  (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.

S. 4406--B                         11

  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:
  (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.

S. 4406--B                         12

  (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 TWENTY 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-
NA.  PARTICIPATION IN ANY SUCH RESEARCH PROGRAM SHALL  BE  VOLUNTARY  ON
THE PART OF PRACTITIONERS, PATIENTS, AND DESIGNATED CAREGIVERS.
  3.  THE  DEPARTMENT  SHALL REPORT EVERY TWO YEARS, BEGINNING TWO YEARS
AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA-
TURE ON THE MEDICAL USE OF MARIHUANA UNDER THIS TITLE AND MAKE APPROPRI-
ATE RECOMMENDATIONS.
  S 3368. RELATION TO OTHER LAWS. 1. (A) THE PROVISIONS OF THIS  ARTICLE
SHALL  APPLY  TO THIS TITLE, EXCEPT THAT WHERE A PROVISION OF THIS TITLE
CONFLICTS WITH ANOTHER PROVISION  OF  THIS  ARTICLE,  THIS  TITLE  SHALL
APPLY.

S. 4406--B                         13

  (B)  MEDICAL MARIHUANA SHALL NOT BE DEEMED TO BE A "DRUG" FOR PURPOSES
OF ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW.
  2.  NOTHING IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE 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
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.

S. 4406--B                         14

  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 ADVISORY COMMITTEE SHALL CONSIST OF
TWELVE MEMBERS. THE MEMBERS OF THE ADVISORY COMMITTEE SHALL BE APPOINTED
AS FOLLOWS: FIVE TO BE APPOINTED BY THE GOVERNOR, THREE TO BE  APPOINTED
BY  THE  TEMPORARY PRESIDENT OF THE SENATE, THREE TO BE APPOINTED BY THE
SPEAKER OF THE ASSEMBLY, AND ONE TO BE APPOINTED BY THE ATTORNEY GENERAL
OF THE STATE OF NEW YORK. THE ADVISORY COMMITTEE SHALL 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  ENFORCEMENT.    THE ADVISORY COMMITTEE SHALL BE
RESPONSIBLE FOR REVIEWING THE APPEAL OF ANY PATIENT OR  CAREGIVER  WHOSE
REGISTRY  APPLICATION  HAS  BEEN  DENIED BY THE DEPARTMENT. THE ADVISORY
COMMITTEE SHALL MAKE RECOMMENDATIONS REGARDING ANY SUCH  APPEAL  TO  THE
COMMISSIONER,  WHO  SHALL  MAKE  THE  FINAL  DETERMINATION. THE ADVISORY
COMMITTEE SHALL ALSO BE RESPONSIBLE FOR MAKING  RECOMMENDATIONS  TO  THE
COMMISSIONER ON EXPANDING OR RETRACTING THE CATEGORIES OF DISEASES TO BE
CONSIDERED  SERIOUS  CONDITIONS  FOR  PURPOSES  OF  THIS  TITLE, AND THE
COMMISSIONER SHALL HAVE THE ABILITY TO EXPAND OR RETRACT THE  CATEGORIES
OF  DISEASES  TO  BE  CONSIDERED SERIOUS CONDITIONS FOR PURPOSES OF THIS
TITLE. THE COMMISSIONER MAY ALSO  FORM  SUBCOMMITTEES  OF  THE  ADVISORY
COMMITTEE.  THE  COMMISSIONER  SHALL  FORM  A SUBCOMMITTEE TO ASSIST AND
ADVISE THE COMMISSIONER AND THE ADVISORY COMMITTEE ON  CLINICAL  MATTERS
RELATING TO MEDICAL MARIHUANA, INCLUDING BUT NOT LIMITED TO EXPANDING OR
RETRACTING  THE  CATEGORIES  OF DISEASES TO BE CONSIDERED SERIOUS CONDI-
TIONS FOR PURPOSES OF THIS TITLE, THE MEMBERS OF  WHICH  SHALL  PREDOMI-
NANTLY  BE  CLINICAL PROFESSIONALS IN APPROPRIATE 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 SHALL SERVE FOR A TERM OF FOUR YEARS.
MEMBERS OF A SUBCOMMITTEE SHALL SERVE AT THE PLEASURE OF THE COMMISSION-
ER. 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  SUBCOMMIT-
TEE.  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

S. 4406--B                         15

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 RATE OF SEVEN PERCENT OF THE RETAIL PRICE OF THE MEDICAL
MARIHUANA DISPENSED.
  3.  TWENTY-TWO  AND FIVE-TENTHS PERCENT OF THE REVENUE RECEIVED BY THE
DEPARTMENT SHALL BE TRANSFERRED TO THE COUNTY IN WHICH THE MEDICAL MARI-
HUANA WAS MANUFACTURED AND TWENTY-TWO AND  FIVE-TENTHS  PERCENT  OF  THE
REVENUE RECEIVED BY THE DEPARTMENT SHALL BE TRANSFERRED TO THE COUNTY IN
WHICH  THE MEDICAL MARIHUANA WAS DISPENSED. FOR PURPOSES OF THE PREVIOUS
SENTENCE, THE CITY OF NEW YORK SHALL BE DEEMED TO BE  A  COUNTY.    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. A REGISTERED ORGANIZATION THAT DISPENSES  MEDICAL  MARIHUANA  SHALL
PROVIDE TO THE DEPARTMENT INFORMATION ON WHERE THE MEDICAL MARIHUANA WAS
DISPENSED AND WHERE THE MEDICAL MARIHUANA WAS MANUFACTURED. A REGISTERED
ORGANIZATION THAT OBTAINS MARIHUANA FROM ANOTHER REGISTERED ORGANIZATION
SHALL  OBTAIN FROM SUCH REGISTERED ORGANIZATION INFORMATION ON WHERE THE
MEDICAL MARIHUANA WAS MANUFACTURED.
  5. 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

S. 4406--B                         16

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.

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