senate Bill S7509

Relates to the medical use of marihuana as a way to alleviate the suffering of individuals who have debilitating medical conditions

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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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  • 15 / May / 2014
    • REFERRED TO HEALTH

Summary

Relates to the medical use of marijuana as a way to alleviate the suffering of individuals who have debilitating medical conditions.

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Bill Details

Versions:
S7509
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 33 Title 5-A §§3360 - 3368, Pub Health L; amd §221.00, Pen L; add Art 20-B §490, Tax L

Sponsor Memo

BILL NUMBER:S7509

TITLE OF BILL: An act to amend the public health law, the penal law
and the tax law, in relation to the use of medical marihuana by
individuals suffering from debilitating medical conditions

PURPOSE OR GENERAL IDEA OF BILL: To create a medical model of care
that promotes the safe, medicinal use of Cannabis.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Creates a new section, Article 33, title 5-a of the public
health law to allow for the Medical Use of Marihuana in a controlled
medical model of care. New section 3360 provides specific guidance on
the types of medical conditions that would be authorized to use
marihuana as well as the administration of the program.

Section 3361 outlines the necessary requirements and procedures for a
qualifying patient to be certified in order to receive a registry
identification card.

Section 3362 provides that qualifying patients, caregivers,
alternative treatment centers or physicians acting within this title
shall not be subject to civil or administrative penalties. This
section further provides that possession of a registry identification
card shall not constitute probable cause to search a person or his or
her property by any governmental agency. The section prohibits the
public consumption of marihuana and prohibits the smoking of medical
marihuana.

Section 3363 provides for the creation, maintenance and record keeping
of registry identification cards for qualifying patients and
designated caregivers. This section also requires criminal history
background checks for primary caregivers who apply for registry
identification cards and classifies the illegal transfer or sale of a
registry identification card as a class A misdemeanor.

Section 3364 creates medical marihuana alternative treatment centers
and the process for certification by the department of health. This
section enumerates requirements on the amount dispensed and form
dispensed.

Section 3365 details the prescription process for physicians, patients
and/or caregivers.

Section 3366 requires each alternative treatment center to file a
report and keep records deemed appropriate by the commissioner.
Through regulation, the commissioner shall require each treatment
center to adopt and maintain security, tracking record keeping, record
retention and surveillance systems related to the medical marihuana it
supplies.

Section 3367 requires the commissioner to promulgate regulations to
implement this new article.

Section 3368 is the severability clause.


Section 2 of this legislation amends Section 221.00 of the penal law
to exempt those under Article 33, title 5-a of the public health law
from criminal possession charges and provides for criminal penalties
when a person knowingly and unlawfully diverts medical marihuana.

Section 3. Creates a new Section 490, Article 20-B of the Tax law for
the collection of a 7% excise tax on medical marihuana and enumerates
the distribution of those funds.

JUSTIFICATION: According to respected medical authorities in the
U.S., including the National Institute of Medicine and the American
Medical Association, marijuana can ease patients' pain and suffering
where other medications have failed. Studies have found that marijuana
can effectively treat a range of conditions, including MS, spinal cord
injuries, and epilepsy. Studies have also found medical marijuana
extremely effective at treating side effects of medical treatments,
such as chemotherapy medications.

Twenty states have enacted laws protecting medical marijuana patients
from state prosecution. Patients in these states enjoy legal
protections to use medicinal marijuana under a doctor's supervision;
seriously ill citizens in New York deserve this same protection.

In recent years, medical marijuana has gained incredible support in
our state including majorities across all political, racial and
regional groups. New York should allow patients to legally use medical
marijuana if recommended by a healthcare provider. It should not be a
crime for those suffering from painful and life-threatening illnesses
to find some relief through medical marijuana.

Our solution should be a medical model of care that promotes the safe,
medicinal use of Cannabis. For the product to be truly "medical"
marihuana, delivery through smoking is inappropriate since smoking has
been shown to be a significant health risk since the 1964 report of
the American Medical Association.

By extending the protection of state law to Cannabis produced in
smokeless metered doses, we will meet the needs of patients and enable
physicians to treat them in keeping with well-established standards of
care. Importantly, these delivery systems could be used in homes and
hospitals as well as nursing care and hospice settings.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: Increased revenue to the state.

EFFECTIVE DATE: Immediately.

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

                                  7509

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, the penal law and the tax law, in
  relation to the use of medical marihuana by individuals suffering from
  debilitating medical conditions

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

  Section  1. Article 33 of the public health law is amended by adding a
new title 5-A to read as follows:
                                TITLE V-A
                        MEDICAL USE OF MARIHUANA
SECTION 3360. DEFINITIONS.
        3361. CERTIFICATION OF QUALIFYING PATIENTS.
        3362. APPLICABILITY.
        3363. REGISTRY IDENTIFICATION CARDS.
        3364. MEDICAL MARIHUANA ALTERNATIVE TREATMENT CENTER.
        3365. WRITTEN INSTRUCTIONS TO PATIENT, CAREGIVER.
        3366. REPORTS  BY  MEDICAL   MARIHUANA   ALTERNATIVE   TREATMENT
                CENTERS.
        3367. REGULATIONS.
        3368. 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.  "BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP" MEANS A RELATIONSHIP IN
WHICH THE PHYSICIAN HAS ONGOING RESPONSIBILITY FOR THE ASSESSMENT,  CARE
AND TREATMENT OF A QUALIFYING PATIENT'S DEBILITATING MEDICAL CONDITION.
  2. "CERTIFICATION" MEANS A STATEMENT SIGNED BY A PHYSICIAN WITH WHOM A
QUALIFYING PATIENT HAS A BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP, WHICH
ATTESTS  TO  THE  PHYSICIAN'S AUTHORIZATION FOR THE PATIENT TO APPLY FOR
REGISTRATION FOR THE MEDICAL USE OF MARIHUANA.
  3. "COMMISSIONER" MEANS THE COMMISSIONER OF HEALTH OF THE STATE OF NEW
YORK.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14302-04-4

S. 7509                             2

  4. "DEBILITATING MEDICAL CONDITION" IS ONE  WHICH  INCLUDES  EPILEPSY,
INTRACTABLE  SKELETAL MUSCULAR SPASTICITY, TRAUMATIC BRAIN INJURY, GLAU-
COMA, CACHEXIA, WASTING SYNDROME, DRAVET SYNDROME, A POSITIVE STATUS FOR
HUMAN IMMUNODEFICIENCY VIRUS OR  ACQUIRED  IMMUNE  DEFICIENCY  SYNDROME,
CANCER,  AMYOTROPHIC  LATERAL  SCLEROSIS,  MULTIPLE  SCLEROSIS, MUSCULAR
DYSTROPHY, CROHN'S DISEASE,  TERMINAL  ILLNESS,  IF  THE  PHYSICIAN  HAS
DETERMINED  A PROGNOSIS OF LESS THAN TWELVE MONTHS OF LIFE; OR ANY OTHER
MEDICAL CONDITION OR ITS TREATMENT THAT IS APPROVED BY THE COMMISSIONER.
  5. "DEPARTMENT" MEANS THE NEW YORK STATE DEPARTMENT OF HEALTH.
  6. "MARIHUANA" MEANS ALL PARTS OF THE PLANT  OF  THE  GENUS  CANNABIS,
WHETHER  GROWING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED FROM ANY
PART OF THE PLANT; AND EVERY COMPOUND,  MANUFACTURE,  SALT,  DERIVATIVE,
MIXTURE,  OR  PREPARATION  OF THE PLANT, ITS SEEDS OR RESIN. IT DOES NOT
INCLUDE THE MATURE STALKS OF THE PLANT, FIBER PRODUCED FROM THE  STALKS,
OIL  OR CAKE MADE FROM THE SEEDS OF THE PLANT, ANY OTHER COMPOUND, MANU-
FACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE MATURE  STALKS
(EXCEPT  THE  RESIN  EXTRACTED  THEREFROM),  FIBER, OIL, OR CAKE, OR THE
STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF GERMINATION.
  7. "MEDICAL MARIHUANA" MEANS MARIHUANA AS DEFINED IN  SUBDIVISION  SIX
OF THIS SECTION WHICH IS INTENDED FOR A MEDICAL USE.
  8.  "MEDICAL  MARIHUANA  ALTERNATIVE TREATMENT CENTER" OR "ALTERNATIVE
TREATMENT CENTER" MEANS AN ORGANIZATION APPROVED BY  THE  DEPARTMENT  TO
PERFORM  ACTIVITIES  NECESSARY TO PROVIDE REGISTERED QUALIFYING PATIENTS
WITH USABLE MARIHUANA IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE.
  9. "MEDICAL USE  OF  MARIHUANA"  MEANS  THE  ACQUISITION,  POSSESSION,
TRANSPORT,  TRANSFER  OR  USE  OF  MARIHUANA  BY A REGISTERED QUALIFYING
PATIENT OR PRIMARY CARE-GIVER FOR USE AS PART OF THE  TREATMENT  OF  THE
QUALIFYING  PATIENT'S  DEBILITATING  MEDICAL  CONDITION AS AUTHORIZED BY
THIS TITLE.  METHODS FOR ADMINISTERING OR  USING  MEDICAL  MARIHUANA  AS
AUTHORIZED  BY  THIS  TITLE  SHALL INCLUDE NON-SMOKING METHODS INCLUDING
INHALATION, APPLICATION AND ORAL  ADMINISTRATION  OF  METERED  DOSES  OF
MEDICAL  MARIHUANA VIA SMOKELESS VAPORIZING DEVICES, ORAL SPRAYS, EDIBLE
INGESTION, TINCTURES AND TOPICAL APPLICATION, OR MEDICAL EXTRACTS IN OIL
OR PILL FORM, OR OTHER SMOKELESS TECHNOLOGY DEVELOPED FOR  THE  ADMINIS-
TRATION OF MEDICAL MARIHUANA.
  10.  "METERED  DOSE" MEANS A STANDARDIZED MEASURE OF MEDICAL MARIHUANA
CONTAINING REPRODUCIBLE CONCENTRATIONS OF ACTIVE INGREDIENTS PACKAGED IN
A SINGLE DOSE ENCAPSULATION METHOD.
  11. "PHYSICIAN" MEANS A PERSON LICENSED TO PRACTICE MEDICINE  PURSUANT
TO  SECTION  SIX  THOUSAND FIVE HUNDRED TWENTY-FOUR OF THE EDUCATION LAW
WITH WHOM THE PATIENT HAS A BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP AND
WHO IS THE PRIMARY  CARE  PHYSICIAN,  HOSPICE  PHYSICIAN,  OR  PHYSICIAN
RESPONSIBLE  FOR THE ONGOING TREATMENT OF A QUALIFYING PATIENT'S DEBILI-
TATING MEDICAL CONDITION, PROVIDED, HOWEVER, THAT SUCH ONGOING TREATMENT
SHALL NOT BE LIMITED TO THE PROVISION OF AUTHORIZATION FOR A  QUALIFYING
PATIENT  TO  USE  MEDICAL  MARIHUANA  OR  CONSULTATION  SOLELY  FOR THAT
PURPOSE.
  12. "PRIMARY CAREGIVER" OR "CAREGIVER" MEANS A RESIDENT OF  THE  STATE
WHO: (A) IS AT LEAST EIGHTEEN YEARS OLD;
  (B)  HAS  AGREED  TO  ASSIST  WITH  A  REGISTERED QUALIFYING PATIENT'S
MEDICAL USE OF MARIHUANA, IS NOT CURRENTLY SERVING AS PRIMARY  CAREGIVER
FOR  ANOTHER  QUALIFYING  PATIENT,  AND  IS NOT THE QUALIFYING PATIENT'S
PHYSICIAN;
  (C) HAS REGISTERED WITH THE DEPARTMENT AND HAS SATISFIED THE  CRIMINAL
HISTORY  RECORD  BACKGROUND  CHECK  REQUIREMENT  OF SECTION THIRTY-THREE
HUNDRED SIXTY-THREE OF THIS TITLE; AND

S. 7509                             3

  (D) HAS  BEEN  DESIGNATED  AS  PRIMARY  CAREGIVER  ON  THE  QUALIFYING
PATIENT'S APPLICATION FOR A REGISTRY IDENTIFICATION CARD.
  13.  "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
TWENTY-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.
  14.  "QUALIFYING  PATIENT"  OR "PATIENT" MEANS A RESIDENT OF THE STATE
WHO HAS BEEN PROVIDED WITH A CERTIFICATION BY A PHYSICIAN PURSUANT TO  A
BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP.
  15.  "REGISTRY  IDENTIFICATION  CARD"  MEANS  A DOCUMENT ISSUED BY THE
DEPARTMENT THAT IDENTIFIES A PERSON AS A REGISTERED  QUALIFYING  PATIENT
OR PRIMARY CAREGIVER.
  16.  "SMOKELESS  VAPORIZING  DEVICE"  MEANS  A MEDICAL-GRADE VAPORIZER
DELIVERY DEVICE CAPABLE OF ADMINISTERING THE  ACTIVE  INGREDIENTS  OF  A
METERED  DOSE  OF  MEDICAL  MARIHUANA  VIA INHALATION WITHOUT COMBUSTION
BY-PRODUCTS.
  S 3361. CERTIFICATION OF QUALIFYING PATIENTS. 1. A QUALIFYING  PATIENT
CERTIFICATION  MAY ONLY BE ISSUED IF THE PHYSICIAN WHO IS CARING FOR THE
QUALIFYING PATIENT CERTIFIES THAT: (A)  THE  QUALIFYING  PATIENT  HAS  A
DEBILITATING  MEDICAL  CONDITION, WHICH SHALL BE SPECIFIED IN HIS OR HER
HEALTH CARE RECORD; (B) THE QUALIFYING PATIENT IS UNDER THE  PHYSICIAN'S
CARE  FOR THE DEBILITATING MEDICAL CONDITION; AND (C) IN THE PHYSICIAN'S
PROFESSIONAL OPINION, THE QUALIFYING PATIENT IS LIKELY TO  BENEFIT  FROM
THE  USE  OF  MEDICAL MARIHUANA TO TREAT HIS OR HER DEBILITATING MEDICAL
CONDITION.
  2. THE CERTIFICATION SHALL BE IN WRITING AND  INCLUDE  (A)  THE  NAME,
DATE  OF BIRTH AND ADDRESS OF THE QUALIFYING PATIENT AND (B) A STATEMENT
THAT THE QUALIFYING PATIENT HAS A DEBILITATING MEDICAL CONDITION AND THE
PATIENT IS UNDER THE PHYSICIAN'S  CARE  FOR  SUCH  DEBILITATING  MEDICAL
CONDITION.
  3.  A  PHYSICIAN PROVIDING SUCH CERTIFICATION SHALL BE LICENSED AND IN
GOOD STANDING IN THE STATE.
  4. A REGISTRY IDENTIFICATION CARD BASED ON CERTIFICATION SHALL  EXPIRE
ONE  YEAR  AFTER THE CERTIFICATION IS SIGNED BY THE QUALIFYING PATIENT'S
PHYSICIAN.
  S 3362. APPLICABILITY. 1. A  QUALIFYING  PATIENT,  PRIMARY  CAREGIVER,
ALTERNATIVE  TREATMENT  CENTER, PHYSICIAN, OR ANY OTHER PERSON ACTING IN
ACCORDANCE WITH THE PROVISIONS OF THIS TITLE SHALL NOT BE SUBJECT TO ANY
CIVIL OR ADMINISTRATIVE PENALTY,  OR  DENIED  ANY  RIGHT  OR  PRIVILEGE,
INCLUDING, BUT NOT LIMITED TO, CIVIL PENALTY OR DISCIPLINARY ACTION BY A
PROFESSIONAL LICENSING BOARD, RELATED TO THE MEDICAL USE OF MARIHUANA AS
AUTHORIZED UNDER THIS TITLE.
  2.  POSSESSION  OF, OR APPLICATION FOR, A REGISTRY IDENTIFICATION CARD
SHALL NOT ALONE CONSTITUTE PROBABLE CAUSE TO SEARCH THE  PERSON  OR  THE
PROPERTY OF THE PERSON POSSESSING OR APPLYING FOR THE REGISTRY IDENTIFI-
CATION  CARD,  OR  OTHERWISE  SUBJECT  THE  PERSON  OR  HIS  PROPERTY TO
INSPECTION BY ANY GOVERNMENTAL AGENCY.
  3. THE POSSESSION, ACQUISITION, USE, DELIVERY,  TRANSFER,  TRANSPORTA-
TION,  OR ADMINISTRATION OF MEDICAL MARIHUANA BY A QUALIFYING PATIENT OR
DESIGNATED CAREGIVER POSSESSING A VALID  REGISTRY  IDENTIFICATION  CARD,
FOR  CERTIFIED  MEDICAL  USE, SHALL BE LAWFUL UNDER THIS TITLE, PROVIDED
THAT:
  (A) THE MEDICAL MARIHUANA THAT IS IN THE POSSESSION  OF  A  QUALIFYING
PATIENT  DOES  NOT  EXCEED  A  THIRTY  DAY SUPPLY AS RECOMMENDED BY SUCH
PATIENT'S CERTIFYING PHYSICIAN; AND

S. 7509                             4

  (B) THE MEDICAL MARIHUANA THAT IS IN THE POSSESSION OF A PRIMARY CARE-
GIVER DOES NOT EXCEED THE SUPPLY REFERRED TO IN PARAGRAPH  (A)  OF  THIS
SUBDIVISION  FOR  EACH QUALIFYING PATIENT FOR WHOM THE PRIMARY CAREGIVER
POSSESSES A VALID REGISTRY IDENTIFICATION CARD.
  4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE CONSUMING,
INHALATION, APPLICATION, GROWING OR DISPLAYING OF MEDICAL MARIHUANA IN A
PUBLIC PLACE SHALL BE DEEMED UNLAWFUL.
  5. MEDICAL MARIHUANA SHALL NOT BE SMOKED.
  S  3363.  REGISTRY IDENTIFICATION CARDS. 1. THE DEPARTMENT SHALL ISSUE
REGISTRY IDENTIFICATION CARDS FOR  QUALIFYING  PATIENTS  AND  DESIGNATED
CAREGIVERS.  A REGISTRY IDENTIFICATION CARD SHALL EXPIRE AS PROVIDED FOR
IN SECTION THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE. THE  DEPARTMENT
SHALL BEGIN ISSUING REGISTRY IDENTIFICATION CARDS NO LATER THAN ONE YEAR
AFTER THE EFFECTIVE DATE OF THIS SECTION.
  2. A REGISTRY IDENTIFICATION CARD SHALL CONTAIN THE FOLLOWING:
  (A) THE NAME OF THE QUALIFYING PATIENT OR THE DESIGNATED CAREGIVER;
  (B) THE DATE ISSUED AND THE EXPIRATION DATE;
  (C) THE REGISTRY IDENTIFICATION NUMBER; AND
  (D) A PHOTOGRAPH OF THE QUALIFYING PATIENT OR PRIMARY CAREGIVER.
  3. THE DEPARTMENT SHALL VERIFY THE INFORMATION CONTAINED IN THE QUALI-
FYING  PATIENT'S OR PRIMARY CAREGIVER'S APPLICATION FOR A REGISTRY IDEN-
TIFICATION CARD BEFORE SUCH CARD IS ISSUED.
  4. THE COMMISSIONER SHALL REQUIRE EACH PRIMARY CAREGIVER  WHO  APPLIES
FOR A REGISTRY IDENTIFICATION CARD UNDER THIS TITLE, TO UNDERGO A CRIMI-
NAL HISTORY BACKGROUND CHECK.
  5.  A  QUALIFYING  PATIENT  OR PRIMARY CAREGIVER WHO HAS BEEN ISSUED A
REGISTRY IDENTIFICATION CARD SHALL NOTIFY THE DEPARTMENT OF  ANY  CHANGE
IN  HIS  OR  HER  NAME OR ADDRESS WITHIN TEN DAYS OF SUCH CHANGE, OR THE
REGISTRY IDENTIFICATION CARD SHALL BE DEEMED NULL AND VOID.
  6. THE DEPARTMENT SHALL MAINTAIN A CONFIDENTIAL LIST OF THE QUALIFYING
PATIENTS AND PRIMARY CAREGIVERS WHO HAVE BEEN ISSUED REGISTRY  IDENTIFI-
CATION CARDS.
  7. IF A QUALIFYING PATIENT OR PRIMARY CAREGIVER WILLFULLY VIOLATES ANY
PROVISION  OF  THIS  TITLE  AS  DETERMINED BY THE DEPARTMENT, HIS OR HER
REGISTRY IDENTIFICATION CARD SHALL BE SUSPENDED OR REVOKED.
  8. KNOWINGLY SELLING, OFFERING, OR EXPOSING  FOR  SALE,  OR  OTHERWISE
TRANSFERRING, OR POSSESSING WITH THE INTENT TO SELL, OFFER OR EXPOSE FOR
SALE OR TRANSFER A DOCUMENT THAT FALSELY PURPORTS TO BE A REGISTRY IDEN-
TIFICATION  CARD ISSUED PURSUANT TO THIS TITLE, OR MAKING A FALSE STATE-
MENT IN THE APPLICATION FOR A REGISTRY IDENTIFICATION CARD IS PUNISHABLE
UNDER SECTION 210.45 OF THE PENAL LAW.
  S 3364. MEDICAL MARIHUANA ALTERNATIVE TREATMENT CENTER. 1.  A  MEDICAL
MARIHUANA  ALTERNATIVE TREATMENT CENTER 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 POSSESSION, CULTIVATING, MANUFACTURING, SELLING,
DELIVERING,  TRANSPORTING,  DISTRIBUTING  OR  DISPENSING MARIHUANA FOR A
MEDICAL USE.
  2. A MEDICAL MARIHUANA ALTERNATIVE TREATMENT CENTER  SHALL  SUBMIT  AN
APPLICATION TO THE DEPARTMENT WHICH SPECIFIES THE ACTIVITIES IN WHICH IT
INTENDS  TO ENGAGE AND IF APPROVED, SHALL BE ISSUED A VALID REGISTRATION
FOR TWO YEARS.
  3. A MEDICAL MARIHUANA ALTERNATIVE TREATMENT CENTER SHALL LAWFULLY, IN
GOOD FAITH, SELL, DELIVER, DISTRIBUTE OR DISPENSE MEDICAL MARIHUANA TO A
QUALIFYING PATIENT OR A PRIMARY CAREGIVER UPON PRESENTATION OF  A  VALID
REGISTRY IDENTIFICATION CARD.

S. 7509                             5

  4.  (A)  NO MEDICAL MARIHUANA ALTERNATIVE TREATMENT CENTER SHALL SELL,
DELIVER, DISTRIBUTE OR DISPENSE TO  ANY  QUALIFIED  PATIENT  OR  PRIMARY
CAREGIVER A SUPPLY OF MEDICAL MARIHUANA LARGER THAN WHAT HE OR SHE WOULD
BE ALLOWED TO POSSESS UNDER THIS TITLE.
  (B) WHEN DISPENSING MEDICAL MARIHUANA TO A QUALIFIED PATIENT OR DESIG-
NATED CAREGIVER, THE ALTERNATIVE TREATMENT CENTER (I) SHALL NOT DISPENSE
AN  AMOUNT SUCH THAT THE QUALIFIED 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 MEDICAL MARIHUANA
ALTERNATIVE TREATMENT CENTERS, 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.  A  MEDICAL  MARIHUANA  ALTERNATIVE  TREATMENT  CENTER  SHALL  ONLY
DISTRIBUTE  OR  ADMINISTER  MEDICAL  MARIHUANA IN A NON-SMOKING, METERED
DOSE FORM VIA SMOKELESS VAPORIZING DEVICE, ORAL  SPRAYS,  EDIBLE  INGES-
TION,  TINCTURES  AND TOPICAL APPLICATION, OR MEDICAL EXTRACTS IN OIL OR
PILL FORM.
  6. (A) THE MANUFACTURING OF MEDICAL MARIHUANA BY AN ALTERNATIVE TREAT-
MENT CENTER SHALL BE DONE IN AN INDOOR, ENCLOSED, SECURE FACILITY.
  (B) NO FACILITY MANUFACTURING MEDICAL MARIHUANA SHALL BE LOCATED WITH-
IN ONE THOUSAND FEET OF ANY SCHOOL BUILDING, PLAYGROUND, PARK OR  BUILD-
ING IN WHICH CHILD DAY CARE IS PROVIDED. FOR THE PURPOSES OF THIS SUBDI-
VISION,  "SCHOOL"  MEANS  A  PUBLIC  OR  PRIVATE  ELEMENTARY, PAROCHIAL,
INTERMEDIATE, JUNIOR HIGH, VOCATIONAL OR HIGH SCHOOL REGULARLY USED  FOR
INSTRUCTIONAL PURPOSES.
  7.  A  MEDICAL  MARIHUANA ALTERNATIVE TREATMENT CENTER SHALL PROVIDE A
CHEMICAL ANALYSIS BY AN ENTITY LICENSED BY THE DEPARTMENT UNDER  SECTION
THIRTY-THREE HUNDRED TWENTY-FOUR OF THIS ARTICLE OF THE STANDARDIZATION,
CERTIFICATION  AND  VALIDATION  OF THE QUALITY, SAFETY, CONCENTRATION OF
ACTIVE INGREDIENTS AND CLINICAL STRENGTH OF  THE  MEDICAL  MARIHUANA  IT
MANUFACTURES AND SHALL PROVIDE DOCUMENTATION OF SUCH TO THE DEPARTMENT.
  8.  MEDICAL  MARIHUANA  SHALL BE DISPENSED BY AN ALTERNATIVE TREATMENT
CENTER TO A QUALIFYING PATIENT OR PRIMARY CAREGIVER IN A PROPERLY SEALED
AND LABELED PACKAGE.
  9. EACH ALTERNATIVE TREATMENT CENTER SHALL MAKE AVAILABLE  METHODS  OF
INHALED,  APPLIED  AND  ORAL  ADMINISTRATION OF METERED DOSES OF MEDICAL
MARIHUANA VIA SMOKELESS VAPORIZING DEVICE, ORAL  SPRAYS,  EDIBLE  INGES-
TION,  TINCTURES  AND TOPICAL APPLICATION, OR MEDICAL EXTRACTS IN OIL OR
PILL FORM, OR OTHER SMOKELESS  TECHNOLOGY  DEVELOPED  FOR  THE  ADMINIS-
TRATION  OF  MEDICAL MARIHUANA, FOR THE TREATMENT OF A SERIOUS CONDITION
OF A CERTIFIED PATIENT UNDER THE CARE OF A PRACTITIONER.
  S 3365.  WRITTEN INSTRUCTIONS TO PATIENT, CAREGIVER.  1.  A  PHYSICIAN
SHALL PROVIDE WRITTEN INSTRUCTIONS, IN THE FORM OF A PRESCRIPTION, FOR A
REGISTERED  QUALIFYING  PATIENT OR HIS OR HER CAREGIVER TO PRESENT TO AN
ALTERNATIVE TREATMENT CENTER CONCERNING  THE  TOTAL  AMOUNT  OF  MEDICAL
MARIHUANA  THAT  A  PATIENT MAY BE DISPENSED, IN WEIGHT, IN A THIRTY DAY
PERIOD. IF NO AMOUNT IS NOTED, THE MAXIMUM AMOUNT THAT MAY BE  DISPENSED
AT ONE TIME IS TWO OUNCES.
  2.  A  PHYSICIAN  MAY  ISSUE MULTIPLE WRITTEN INSTRUCTIONS AT ONE TIME
AUTHORIZING THE PATIENT TO RECEIVE A TOTAL OF UP TO A NINETY DAY SUPPLY,
PROVIDED THAT THE FOLLOWING CONDITIONS ARE MET:
  (A) EACH SEPARATE SET OF INSTRUCTIONS SHALL BE ISSUED FOR A LEGITIMATE
MEDICAL PURPOSE BY THE PHYSICIAN, AS PROVIDED IN THIS TITLE;
  (B) EACH SEPARATE SET OF INSTRUCTIONS SHALL INDICATE THE EARLIEST DATE
ON WHICH A CENTER MAY DISPENSE  THE  MARIHUANA,  EXCEPT  FOR  THE  FIRST
DISPENSATION IF IT IS TO BE FILLED IMMEDIATELY; AND

S. 7509                             6

  (C)  THE  PHYSICIAN  HAS  DETERMINED  THAT  PROVIDING THE PATIENT WITH
MULTIPLE INSTRUCTIONS IN THIS MANNER DOES NOT CREATE AN  UNDUE  RISK  OF
DIVERSION OR ABUSE.
  3.  A  REGISTERED  QUALIFYING  PATIENT OR HIS OR HER PRIMARY CAREGIVER
SHALL PRESENT THE PATIENT'S OR CAREGIVER'S REGISTRY IDENTIFICATION CARD,
AS APPLICABLE, AND THESE WRITTEN INSTRUCTIONS TO THE ALTERNATIVE  TREAT-
MENT  CENTER,  WHICH SHALL VERIFY AND LOG THE DOCUMENTATION PRESENTED. A
PHYSICIAN MAY PROVIDE A COPY OF A WRITTEN INSTRUCTION BY  ELECTRONIC  OR
OTHER  MEANS, AS DETERMINED BY THE COMMISSIONER, DIRECTLY TO AN ALTERNA-
TIVE TREATMENT CENTER ON BEHALF OF A REGISTERED QUALIFYING PATIENT.  THE
DISPENSATION  OF  MARIHUANA  PURSUANT  TO ANY WRITTEN INSTRUCTIONS SHALL
OCCUR WITHIN ONE MONTH OF THE DATE THAT THE INSTRUCTIONS WERE WRITTEN OR
THE INSTRUCTIONS ARE VOID.
  S 3366. REPORTS BY MEDICAL MARIHUANA ALTERNATIVE TREATMENT CENTERS. 1.
THE COMMISSIONER SHALL, BY REGULATION, REQUIRE  EACH  MEDICAL  MARIHUANA
ALTERNATIVE  TREATMENT  CENTER TO FILE REPORTS BY THE ALTERNATIVE TREAT-
MENT CENTER 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 ALTERNATIVE
TREATMENT CENTER TO ADOPT AND MAINTAIN SECURITY, TRACKING, RECORD  KEEP-
ING,  RECORD RETENTION AND SURVEILLANCE SYSTEMS, RELATING TO ALL MEDICAL
MARIHUANA IT SUPPLIES.
  S 3367. REGULATIONS. THE COMMISSIONER SHALL MAKE REGULATIONS TO IMPLE-
MENT THIS TITLE.
  S 3368. 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 2. Section 221.00 of the penal law, as added by chapter 360  of  the
laws of 1977, is amended to read as follows:
S 221.00 Marihuana; definitions.
  Unless  the context in which they are used clearly otherwise requires,
the terms occurring in this article shall have the same meaning ascribed
to them in article two hundred twenty of this chapter.  ANY ACT THAT  IS
LAWFUL  UNDER  TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH
LAW IS NOT A VIOLATION OF THIS ARTICLE, PROVIDED THAT,  ANY  PERSON  WHO
KNOWINGLY  AND  UNLAWFULLY  DIVERTS  ANY  MEDICAL  MARIHUANA UNDER TITLE
FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW, SHALL BE GUILTY
OF THE APPLICABLE PROVISIONS OF THIS  ARTICLE  IN  ACCORDANCE  WITH  THE
AGGREGATE  WEIGHT OF MEDICAL MARIHUANA DIVERTED OR THE AGE OF THE PERSON
TO WHOM DIVERTED.
  S 3. 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 MEDICAL MARIHUANA ALTERNATIVE
TREATMENT CENTERS AN EXCISE TAX ON ALL MEDICAL MARIHUANA SOLD TO ANOTHER
MEDICAL MARIHUANA ALTERNATIVE TREATMENT CENTER OR TO A QUALIFIED PATIENT
OR  DESIGNATED  CAREGIVER.  THE EXCISE TAX SHALL BE AT THE RATE OF SEVEN
PERCENT OF THE RETAIL PRICE OF THE MEDICAL MARIHUANA DISPENSED.

S. 7509                             7

  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 MEDICAL MARIHUANA ALTERNATIVE  TREATMENT  CENTER  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  MEDICAL  MARIHUANA  ALTERNATIVE  TREATMENT CENTER THAT
OBTAINS MARIHUANA FROM ANOTHER MEDICAL MARIHUANA  ALTERNATIVE  TREATMENT
CENTER  SHALL  OBTAIN FROM SUCH ALTERNATIVE TREATMENT CENTER INFORMATION
ON WHERE THE MEDICAL MARIHUANA WAS MANUFACTURED.
  5. THE COMMISSIONER SHALL MAKE REGULATIONS TO IMPLEMENT THIS ARTICLE.
  S 4. This act shall take effect immediately.

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