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

                                 4041--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 8, 2009
                               ___________

Introduced  by  Sens.  DUANE,  BRESLIN, DILAN, ESPADA, HASSELL-THOMPSON,
  KRUEGER, MONSERRATE, MONTGOMERY, OPPENHEIMER, PARKER, PERKINS, SAVINO,
  SCHNEIDERMAN, STAVISKY, THOMPSON -- read twice  and  ordered  printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

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

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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07082-04-9

              

S. 4041--A                          2

  S  2.  Article  33 of the public health law is amended by adding a new
title 5-A to read as follows:
                                TITLE V-A
                        MEDICAL USE OF MARIHUANA
SECTION 3360. DEFINITIONS.
        3361. CERTIFICATION OF PATIENTS.
        3362. POSSESSION.
        3363. REGISTRY IDENTIFICATION CARDS.
        3364. REGISTERED ORGANIZATIONS.
        3365. REGISTERING OF REGISTERED ORGANIZATIONS.
        3366. REPORTS BY REGISTERED ORGANIZATIONS.
        3367. FEDERAL  AUTHORITY; REGISTERED ORGANIZATION IMPLEMENTATION
                AND EFFECT.
        3368. EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
        3369. RELATION TO OTHER LAWS.
  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, MANUFAC-
TURE, USE, DELIVERY,  TRANSFER,  TRANSPORTATION,  OR  ADMINISTRATION  OF
MEDICAL MARIHUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR USE
AS PART OF THE TREATMENT OF THE PATIENT'S SERIOUS CONDITION SPECIFIED IN
A  CERTIFICATION  UNDER  SECTION  THIRTY-THREE HUNDRED SIXTY-ONE OF THIS
TITLE, INCLUDING ENABLING THE PATIENT  TO  TOLERATE  TREATMENT  FOR  THE
SERIOUS CONDITION.
  2.  "CERTIFIED PATIENT" MEANS A PATIENT WHO IS CERTIFIED UNDER SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
  3.  "CERTIFICATION"  MEANS  A  CERTIFICATION,   MADE   UNDER   SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
  4.  "DESIGNATED CAREGIVER" MEANS THE INDIVIDUAL DESIGNATED BY A CERTI-
FIED PATIENT IN A REGISTRY APPLICATION.
  5. "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.
  6. "SERIOUS CONDITION" MEANS A SEVERE DEBILITATING OR LIFE-THREATENING
CONDITION,  OR  A  CONDITION ASSOCIATED WITH OR A COMPLICATION OF SUCH A
CONDITION OR ITS TREATMENT (INCLUDING BUT NOT LIMITED  TO  INABILITY  TO
TOLERATE FOOD, NAUSEA, VOMITING, DYSPHORIA OR PAIN).
  7. "MEDICAL MARIHUANA" MEANS MARIHUANA AS DEFINED IN SUBDIVISION TWEN-
TY-ONE  OF  SECTION  THIRTY-THREE  HUNDRED TWO OF THIS ARTICLE ACQUIRED,
POSSESSED, MANUFACTURED, USED, DELIVERED, TRANSFERRED,  TRANSPORTED,  OR
ADMINISTERED BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR A CERTI-
FIED MEDICAL USE.
  8.  "REGISTERED  ORGANIZATION"  MEANS  A REGISTERED ORGANIZATION UNDER
SECTIONS  THIRTY-THREE  HUNDRED  SIXTY-FOUR  AND  THIRTY-THREE   HUNDRED
SIXTY-FIVE OF THIS TITLE.
  9.  "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.
  10.  "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.

S. 4041--A                          3

  11.  "USABLE  MARIHUANA"  MEANS  MARIHUANA CONSISTING OF THE HARVESTED
LEAVES AND FLOWERS OF THE PLANT OF THE  GENUS  CANNABIS,  BUT  DOES  NOT
INCLUDE ANY FOOD THAT IS NOT MARIHUANA.
  12.  "UNUSABLE MARIHUANA" MEANS SEEDS, STALKS, SEEDLINGS, AND UNUSABLE
ROOTS. "SEEDLING" MEANS A MARIHUANA PLANT THAT HAS NO FLOWERS,  IS  LESS
THAN  TWELVE  INCHES  IN HEIGHT, AND IS LESS THAN TWELVE INCHES IN DIAM-
ETER.
  S 3361. CERTIFICATION OF PATIENTS. 1. A PATIENT CERTIFICATION MAY ONLY
BE ISSUED IF A PRACTITIONER CERTIFIES THAT: (A) THE PATIENT HAS A  SERI-
OUS  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.
  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, IF THE PRACTITIONER STATES IN THE CERTIF-
ICATION THAT HE OR SHE BELIEVES THE PATIENT WOULD BENEFIT  FROM  MEDICAL
MARIHUANA  ONLY  UNTIL A SPECIFIED EARLIER DATE, THEN THE REGISTRY IDEN-
TIFICATION CARD SHALL EXPIRE ON THAT DATE.
  S 3362. POSSESSION. 1. THE POSSESSION, ACQUISITION, MANUFACTURE,  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 THE MARIHUANA THAT MAY BE POSSESSED BY A
CERTIFIED PATIENT AND SUCH CERTIFIED PATIENT'S DESIGNATED CAREGIVER DOES
NOT,  IN  TOTAL EXCEED TWELVE PLANTS AND A TOTAL AGGREGATE WEIGHT OF TWO
AND ONE-HALF OUNCES OF USABLE MARIHUANA.  A CERTIFIED PATIENT OR  DESIG-
NATED CAREGIVER POSSESSING A VALID REGISTRY IDENTIFICATION CARD MAY ALSO
LAWFULLY POSSESS A REASONABLE AMOUNT OF UNUSABLE MARIHUANA, INCLUDING UP
TO  TWELVE  SEEDLINGS,  WHICH  SHALL NOT BE COUNTED TOWARD THE LIMITS IN
THIS SECTION. THE PLANTS SHALL BE KEPT IN A CLOSET, ROOM, GREENHOUSE  OR
OTHER  ENCLOSED  AREA EQUIPPED WITH LOCKS OR OTHER SECURITY DEVICES THAT
PERMIT ACCESS ONLY BY THE CERTIFIED  PATIENT  OR  DESIGNATED  CAREGIVER,
UNLESS  THEY  ARE  BEING  TRANSPORTED  BECAUSE  THE CERTIFIED PATIENT IS

S. 4041--A                          4

MOVING OR IF THEY ARE BEING TRANSPORTED TO A DESIGNATED CAREGIVER'S OR A
CERTIFIED PATIENT'S PROPERTY. A DESIGNATED  CAREGIVER  MAY  POSSESS  THE
QUANTITIES  REFERRED  TO  IN THIS SUBDIVISION 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 OR
DISPLAYED IN A PUBLIC PLACE; (B) MEDICAL MARIHUANA MAY NOT BE SMOKED  IN
ANY  PLACE  WHERE  TOBACCO MAY NOT BE SMOKED UNDER ARTICLE THIRTEEN-E OF
THIS CHAPTER; (C) EXCEPT THAT IN A HEALTH CARE FACILITY,  MEDICAL  MARI-
HUANA  MAY  BE  SMOKED  BY  A  PATIENT OF THE FACILITY, SUBJECT TO OTHER
PROVISIONS OF THIS TITLE, IN AN AREA, AND UNDER CIRCUMSTANCES, PERMITTED
BY THE FACILITY, PROVIDED THAT THE PATIENT DOES NOT SMOKE IN  THE  PRES-
ENCE OF PATIENTS WHO ARE NOT CERTIFIED UNDER THIS TITLE.
  3.  IT  SHALL BE LAWFUL UNDER THIS ARTICLE TO GIVE OR DISPOSE OF MARI-
HUANA TO A CERTIFIED PATIENT OR DESIGNATED  CAREGIVER  FOR  A  CERTIFIED
MEDICAL USE WHERE NOTHING OF VALUE IS TRANSFERRED IN RETURN, OR TO OFFER
TO  DO THE SAME.  THIS PROHIBITION ON TRANSFERRING OR OFFERING TO TRANS-
FER A THING OF VALUE SHALL NOT (A) APPLY TO SALE OF MEDICAL MARIHUANA TO
OR BY A REGISTERED ORGANIZATION UNDER THIS ARTICLE; NOR  (B)  PREVENT  A
DESIGNATED  CAREGIVER  FROM  BEING REIMBURSED FOR ACTIVITIES RELATING TO
CARING  FOR  A  CERTIFIED  PATIENT,  INCLUDING,  BUT  NOT  LIMITED   TO,
REIMBURSEMENT  FOR  LEGITIMATE  EXPENSES  RELATING TO THE MANUFACTURE OF
MEDICAL MARIHUANA OR THE PURCHASE OF MEDICAL MARIHUANA FROM A REGISTERED
ORGANIZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-SIX OF THIS TITLE.
  4. NO SCHOOL, EMPLOYER OR LANDLORD SHALL REFUSE TO ENROLL,  EMPLOY  OR
LEASE  TO OR OTHERWISE PENALIZE A PERSON SOLELY FOR HIS OR HER STATUS AS
A CERTIFIED PATIENT OR DESIGNATED  CAREGIVER;  PROVIDED,  HOWEVER,  THAT
NOTHING  IN  THIS  PARAGRAPH  REQUIRES A SCHOOL, EMPLOYER OR LANDLORD TO
MAKE ANY ADDITIONAL ACCOMMODATIONS.
  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 HUNDRED EIGHTY DAYS AFTER THE
EFFECTIVE DATE OF THIS SECTION. THE DEPARTMENT MAY SPECIFY A FORM FOR  A
REGISTRY  APPLICATION,  IN  WHICH  CASE THE DEPARTMENT SHALL PROVIDE THE
FORM ON REQUEST, REPRODUCTIONS OF THE FORM MAY BE  USED,  AND  THE  FORM
SHALL BE AVAILABLE FOR DOWNLOADING FROM THE DEPARTMENT'S WEBSITE.
  2.  TO  OBTAIN  OR  RENEW  A REGISTRY IDENTIFICATION CARD, A CERTIFIED
PATIENT SHALL FILE A  REGISTRY  APPLICATION  WITH  THE  DEPARTMENT.  THE
REGISTRY APPLICATION OR RENEWAL APPLICATION SHALL INCLUDE:
  (A) A COPY OF THE PATIENT'S CERTIFICATION (A NEW WRITTEN CERTIFICATION
SHALL BE PROVIDED WITH A RENEWAL APPLICATION);
  (B)  (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT; (II) THE
DATE OF THE CERTIFICATION; (III) IF THE PATIENT HAS A REGISTRY IDENTIFI-
CATION CARD BASED ON A CURRENT VALID CERTIFICATION, THE  REGISTRY  IDEN-
TIFICATION  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  INFORMA-
TION REQUIRED BY THE DEPARTMENT;
  (C)  IF  THE  PATIENT  DESIGNATES  A  DESIGNATED  CAREGIVER, THE NAME,
ADDRESS, AND DATE OF BIRTH OF THE DESIGNATED CAREGIVER, AND OTHER  INDI-

S. 4041--A                          5

VIDUAL  IDENTIFYING  INFORMATION REQUIRED BY THE DEPARTMENT; A CERTIFIED
PATIENT MAY DESIGNATE UP TO TWO DESIGNATED CAREGIVERS;
  (D)  A  STATEMENT  THAT  A  FALSE STATEMENT MADE IN THE APPLICATION IS
PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW;
  (E) THE DATE OF THE APPLICATION AND THE  SIGNATURE  OF  THE  CERTIFIED
PATIENT; AND
  (F)  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. A DESIGNATED CAREGIVER SHALL CARRY A SEPARATE
REGISTRY IDENTIFICATION CARD FOR EACH CERTIFIED PATIENT FOR WHOM  HE  OR
SHE  IS  A DESIGNATED CAREGIVER. EACH REGISTRY IDENTIFICATION CARD SHALL
CONTAIN THE  SAME  REGISTRY  IDENTIFICATION  NUMBER  SPECIFIED  IN  THIS
SECTION.
  6.  THE  DEPARTMENT SHALL ISSUE SEPARATE REGISTRY IDENTIFICATION CARDS
FOR THE CERTIFIED PATIENT AND THE DESIGNATED CAREGIVER (IF ONE IS DESIG-
NATED IN THE REGISTRY APPLICATION) WITHIN THIRTY  DAYS  OF  RECEIVING  A
COMPLETE  APPLICATION  UNDER THIS SECTION, UNLESS IT DETERMINES THAT THE
APPLICATION IS INCOMPLETE OR FACIALLY INACCURATE, IN WHICH CASE IT SHALL
PROMPTLY NOTIFY THE APPLICANT.
  7.  IF THE DEPARTMENT DOES NOT APPROVE THE DESIGNATION OF AN  INDIVID-
UAL AS A DESIGNATED CAREGIVER, THAT SHALL NOT AFFECT THE APPROVAL OF THE
APPLICATION AS TO THE CERTIFIED PATIENT.
  8. A REGISTRY IDENTIFICATION CARD SHALL CONTAIN:
  (A)  THE NAME, ADDRESS, AND DATE OF BIRTH OF THE CERTIFIED PATIENT AND
THE DESIGNATED CAREGIVER (IF ONE IS DESIGNATED IN THE REGISTRY  APPLICA-
TION);
  (B) THE DATE OF ISSUANCE AND EXPIRATION DATE OF THE REGISTRY IDENTIFI-
CATION CARD;
  (C)  A  REGISTRY IDENTIFICATION NUMBER FOR THE CERTIFIED PATIENT AND A
REGISTRY IDENTIFICATION NUMBER FOR THE DESIGNATED CAREGIVER (IF  ONE  IS
DESIGNATED IN THE REGISTRY APPLICATION); AND
  (D) A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE REGISTRY IDENTIFICATION
CARD  IS  BEING  ISSUED,  WHICH SHALL BE OBTAINED BY THE DEPARTMENT IN A
MANNER SPECIFIED BY THE COMMISSIONER IN REGULATIONS; PROVIDED,  HOWEVER,
THAT IF THE DEPARTMENT REQUIRED CERTIFIED PATIENTS TO SUBMIT PHOTOGRAPHS
FOR THIS PURPOSE, THERE SHALL BE A REASONABLE ACCOMMODATION OF CERTIFIED
PATIENTS WHO ARE CONFINED TO THEIR HOMES DUE TO THEIR MEDICAL CONDITIONS
AND MAY THEREFORE HAVE DIFFICULTY PROCURING PHOTOGRAPHS.
  9.  A  CERTIFIED PATIENT OR DESIGNATED CAREGIVER WHO HAS BEEN ISSUED A
REGISTRY IDENTIFICATION CARD SHALL NOTIFY THE DEPARTMENT OF  ANY  CHANGE
IN  HIS OR HER NAME OR ADDRESS OR, WITH RESPECT TO THE PATIENT, OR IF HE

S. 4041--A                          6

OR SHE CEASES TO HAVE THE SERIOUS CONDITION NOTED ON THE  CERTIFICATION,
WITHIN TEN DAYS OF SUCH CHANGE.
  10.  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.
  11.  THE  DEPARTMENT  SHALL  VERIFY TO LAW ENFORCEMENT PERSONNEL IN AN
APPROPRIATE CASE WHETHER A REGISTRY IDENTIFICATION CARD IS VALID.
  12. 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 REVOKED. THIS IS IN ADDITION TO  ANY
OTHER PENALTY THAT MAY APPLY.
  13.  TEMPORARY REGISTRY IDENTIFICATION CARDS. (A) REGISTRY IMPLEMENTA-
TION  DATE.  AS  USED  IN THIS SUBDIVISION, THE "REGISTRY IMPLEMENTATION
DATE" IS THE DATE DETERMINED BY THE COMMISSIONER WHEN THE DEPARTMENT  IS
READY  TO  RECEIVE  AND  EXPEDITIOUSLY  ACT ON APPLICATIONS FOR REGISTRY
IDENTIFICATION CARDS UNDER THIS SECTION. THE COMMISSIONER SHALL GIVE  AT
LEAST SIXTY DAYS PRIOR WRITTEN PUBLIC NOTICE OF THE REGISTRY IDENTIFICA-
TION DATE, BY PUBLICATION IN THE STATE REGISTER.
  (B)(I)  CERTIFIED  PATIENT.  A COPY OF THE CERTIFIED PATIENT'S CERTIF-
ICATION SHALL TEMPORARILY SERVE AS AND HAVE THE SAME EFFECT  AS  HIS  OR
HER  REGISTRY  IDENTIFICATION  CARD. IT SHALL EXPIRE AS A REGISTRY IDEN-
TIFICATION CARD ON THE EARLIER OF THE EXPIRATION  DATE  OF  THE  CERTIF-
ICATION OR SIXTY DAYS AFTER THE REGISTRY IMPLEMENTATION DATE.
  (II)  DESIGNATED  CAREGIVER. A COPY OF THE CERTIFIED PATIENT'S CERTIF-
ICATION, TOGETHER WITH A COPY OF  A  WRITTEN  STATEMENT  SIGNED  BY  THE
CERTIFIED  PATIENT CONTAINING THE SAME INFORMATION AS AN APPLICATION FOR
A REGISTRY IDENTIFICATION CARD UNDER THIS SECTION DESIGNATING  A  PERSON
AS THE CERTIFIED PATIENT'S DESIGNATED CAREGIVER, SHALL TEMPORARILY SERVE
AS  AND  HAVE  THE SAME EFFECT AS A REGISTRY IDENTIFICATION CARD FOR THE
DESIGNATED CAREGIVER. IN THE CASE OF A CERTIFIED PATIENT UNDER  EIGHTEEN
YEARS  OF  AGE,  THE STATEMENT SHALL BE SIGNED BY A PERSON AUTHORIZED TO
MAKE AN APPLICATION UNDER THIS SECTION FOR  THE  CERTIFIED  PATIENT.  IT
SHALL  EXPIRE  AS  A  REGISTRY IDENTIFICATION CARD ON THE EARLIER OF THE
EXPIRATION DATE OF THE CERTIFICATION OR SIXTY DAYS  AFTER  THE  REGISTRY
IMPLEMENTATION DATE.
  (C)  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  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 AND DESIGNATED CAREGIVER IF ANY, 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.
  S 3364. REGISTERED ORGANIZATIONS. 1. A REGISTERED  ORGANIZATION  SHALL
BE:
  (A) A PHARMACY;
  (B) A FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER;

S. 4041--A                          7

  (C)  A NOT-FOR-PROFIT CORPORATION ORGANIZED FOR THE PURPOSE OF ACQUIR-
ING, POSSESSING, MANUFACTURING,  SELLING,  DELIVERING,  TRANSPORTING  OR
DISTRIBUTING MARIHUANA FOR CERTIFIED MEDICAL USE;
  (D) THE DEPARTMENT;
  (E) A LOCAL HEALTH DEPARTMENT; OR
  (F)  A  REGISTERED  PRODUCER,  WHICH SHALL BE A PERSON OR ENTITY, WITH
APPROPRIATE EXPERTISE IN AGRICULTURE,  REGISTERED  FOR  THE  PURPOSE  OF
ACQUIRING OR MANUFACTURING MARIHUANA AND SELLING, DELIVERING, TRANSPORT-
ING,  OR DISTRIBUTING IT TO ANOTHER REGISTERED ORGANIZATION; A CERTIFIED
PRODUCER SHALL NOT SELL, DELIVER OR DISTRIBUTE MARIHUANA TO A  CERTIFIED
PATIENT OR DESIGNATED CAREGIVER FOR THAT PERSON'S USE.
  2.  THE ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIVERY, TRANSPORT-
ING OR DISTRIBUTING OF MARIHUANA BY A REGISTERED ORGANIZATION UNDER THIS
TITLE IN ACCORDANCE WITH ITS  REGISTRATION  UNDER  SECTION  THIRTY-THREE
HUNDRED  SIXTY-FIVE  OF  THIS TITLE OR A RENEWAL THEREOF SHALL BE LAWFUL
UNDER THIS TITLE.
  3. A REGISTERED ORGANIZATION (OTHER THAN A  REGISTERED  PRODUCER)  MAY
LAWFULLY,  IN  GOOD FAITH, SELL, DELIVER OR DISTRIBUTE MEDICAL MARIHUANA
TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER UPON PRESENTATION TO  THE
REGISTERED ORGANIZATION OF A VALID REGISTRY IDENTIFICATION CARD FOR THAT
CERTIFIED  PATIENT  OR  DESIGNATED  CAREGIVER.  WHEN  PRESENTED WITH THE
REGISTRY IDENTIFICATION CARD, THE REGISTERED ORGANIZATION SHALL  PROVIDE
TO  THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER A RECEIPT, WHICH SHALL
STATE: THE NAME, ADDRESS, AND  REGISTRY  IDENTIFICATION  NUMBER  OF  THE
REGISTERED  ORGANIZATION;  THE NAME AND ADDRESS OF THE CERTIFIED PATIENT
AND THE DESIGNATED CAREGIVER (IF ANY); AND  THE  QUANTITY  OF  MARIHUANA
SOLD.  THE  REGISTERED  ORGANIZATION SHALL RETAIN A COPY OF THE REGISTRY
IDENTIFICATION CARD AND THE RECEIPT.
  4. NO REGISTERED ORGANIZATION MAY SELL, DELIVER OR DISTRIBUTE  TO  ANY
CERTIFIED PATIENT OR DESIGNATED CAREGIVER A QUANTITY OF MEDICAL MARIHUA-
NA  LARGER  THAN  THAT INDIVIDUAL WOULD BE ALLOWED TO POSSESS UNDER THIS
TITLE.
  5. WHEN A  REGISTERED  ORGANIZATION  SELLS,  DELIVERS  OR  DISTRIBUTES
MEDICAL  MARIHUANA  TO  A  CERTIFIED PATIENT OR DESIGNATED CAREGIVER, IT
SHALL PROVIDE TO THAT INDIVIDUAL A SAFETY INSERT, WHICH WILL  BE  DEVEL-
OPED  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 MARIHUANA
AND OBTAIN APPROPRIATE SERVICES OR TREATMENT  FOR PROBLEMATIC USAGE.
  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
EQUIPMENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED  IN  THE  APPLICA-
TION;
  (III)  IS  ABLE TO MAINTAIN EFFECTIVE CONTROL AGAINST DIVERSION OF THE
MARIHUANA; AND
  (IV) IS ABLE TO COMPLY WITH ALL APPLICABLE STATE LAWS AND  REGULATIONS
RELATING  TO  THE  ACTIVITIES  IN  WHICH  IT INTENDS TO ENGAGE UNDER THE
REGISTRATION.

S. 4041--A                          8

  (B) THE APPLICATION SHALL ESTABLISH THE APPLICANT'S STATUS UNDER PARA-
GRAPH  (A),  (B),  (C),  (D)  OR  (E)  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,
FINED, CENSURED OR HAD A REGISTRATION SUSPENDED OR REVOKED IN ANY ADMIN-
ISTRATIVE OR JUDICIAL PROCEEDING RELATING TO OR ARISING OUT OF THE MANU-
FACTURE, DISTRIBUTION, SALE, OR POSSESSION OF DRUGS; 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;
AND
  (VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
TER.
  (B) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT SHOULD  BE
ISSUED  A  REGISTRATION, HE OR SHE SHALL NOTIFY THE APPLICANT IN WRITING
OF THOSE FACTORS UPON WHICH FURTHER EVIDENCE IS REQUIRED. WITHIN  THIRTY
DAYS OF THE RECEIPT OF SUCH NOTIFICATION, THE APPLICANT MAY SUBMIT ADDI-
TIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEARING OR BOTH.
  (C)  THE  FEE FOR A REGISTRATION UNDER THIS SECTION SHALL BE ONE THOU-
SAND TWO HUNDRED DOLLARS;  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; AND
  (II)  WHICH  ACTIVITIES  OF A REGISTERED ORGANIZATION ARE PERMITTED BY
THE REGISTRATION.
  (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.
THE FEE FOR SUCH AMENDMENT SHALL BE TWO HUNDRED FIFTY DOLLARS.

S. 4041--A                          9

  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:
  (1)  EACH  INCIDENT  OR ALLEGED INCIDENT INVOLVING THE THEFT, LOSS, OR
POSSIBLE DIVERSION OF  MARIHUANA  MANUFACTURED  OR  DISTRIBUTED  BY  THE
APPLICANT; AND
  (2)  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
EITHER  SUBMIT ADDITIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEAR-
ING OR BOTH. IF A HEARING IS DEMANDED, THE COMMISSIONER SHALL FIX A DATE
FOR A 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.
  (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

S. 4041--A                         10

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.
  S  3366.  REPORTS BY REGISTERED ORGANIZATIONS. THE COMMISSIONER SHALL,
BY REGULATION, REQUIRE EACH REGISTERED ORGANIZATION THAT SELLS, DELIVERS
OR DISTRIBUTES MEDICAL MARIHUANA TO A CERTIFIED  PATIENT  OR  DESIGNATED
CAREGIVER TO FILE REPORTS OF ALL SUCH SALES, DELIVERIES OR DISTRIBUTIONS
BY  THE  REGISTERED  ORGANIZATION  DURING  A PARTICULAR PERIOD, ON FORMS
PROVIDED BY THE DEPARTMENT. REPORTS SHALL BE NOT  MORE  FREQUENTLY  THAN
EVERY SIX MONTHS, EXCEPT THAT WITHIN THE FIRST YEAR AFTER THIS TITLE HAS
TAKEN  EFFECT  REPORTS  SHALL BE REQUIRED NOT MORE FREQUENTLY THAN EVERY
THREE MONTHS. EACH REPORT SHALL INCLUDE FOR EACH SUCH SALE, DELIVERY  OR
DISTRIBUTION: THE DATE, THE QUANTITY SOLD, DELIVERED OR DISTRIBUTED; THE
NAME  AND  ADDRESS OF THE CERTIFYING PRACTITIONER; AND THE NAME, ADDRESS
AND REGISTRY IDENTIFICATION NUMBER OF  THE  CERTIFIED  PATIENT  AND  THE
DESIGNATED CAREGIVER (IF ANY).
  S  3367. FEDERAL AUTHORITY; REGISTERED ORGANIZATION IMPLEMENTATION AND
EFFECT. 1. THE COMMISSIONER SHALL APPLY TO THE UNITED STATES  GOVERNMENT
FOR  PERMISSION  TO  IMPLEMENT SECTIONS THIRTY-THREE HUNDRED SIXTY-FOUR,
THIRTY-THREE HUNDRED SIXTY-FIVE AND THIRTY-THREE  HUNDRED  SIXTY-SIX  OF
THIS TITLE.
  2.  SECTIONS  THIRTY-THREE  HUNDRED  SIXTY-FOUR,  THIRTY-THREE HUNDRED
SIXTY-FIVE AND THIRTY-THREE HUNDRED SIXTY-SIX OF  THIS  TITLE  SHALL  BE
IMPLEMENTED ONLY UPON (I) RECEIPT OF SUCH PERMISSION FROM AN APPROPRIATE
AGENCY  OF THE UNITED STATES GOVERNMENT ADVISING THAT THE IMPLEMENTATION
OF SUCH SECTIONS SHALL BE LAWFUL UNDER FEDERAL LAW, OR (II) A CHANGE  IN
FEDERAL  LAW  THAT  PERMITS  SUCH SECTIONS TO BE IMPLEMENTED WITHOUT ANY
VIOLATION OF FEDERAL LAW.   WITHIN ONE YEAR  AFTER  SUCH  PERMISSION  IS
RECEIVED  OR SUCH CHANGE IN FEDERAL LAW IS ENACTED AND TAKES EFFECT, THE
DEPARTMENT SHALL PROMULGATE SUCH RULES AND REGULATIONS AS  NECESSARY  TO
IMPLEMENT  SUCH SECTIONS. IMPLEMENTATION OF SUCH SECTIONS SHALL COMMENCE
ON A DATE DETERMINED BY THE COMMISSIONER, WITH NOT LESS THAN TWO  MONTHS
PUBLIC NOTICE.
  S  3368.  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  ONE  YEAR
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  3369.  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 THE INSURANCE LAW OR THE PUBLIC HEALTH LAW

S. 4041--A                         11

TO PROVIDE COVERAGE FOR MEDICAL MARIHUANA. NOTHING IN THIS  TITLE  SHALL
BE  CONSTRUED  TO  REQUIRE  COVERAGE FOR MEDICAL MARIHUANA UNDER ARTICLE
TWENTY-FIVE OF THIS CHAPTER OR ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
  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  3.  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  4.  This  act  shall take effect sixty days after it shall become a
law; provided that the commissioner of health may make  regulations  and
issue  forms provided for in this act before such effective date, except
that regulations necessary to implement sections 3364, 3365 and 3366  of
the public health law, as added by section two of this act, shall not be
promulgated  except  as  set  forth in section 3367 of the public health
law, as added by section two of this act.

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

                                 4041--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 8, 2009
                               ___________

Introduced  by  Sens.  DUANE,  BRESLIN, DILAN, ESPADA, HASSELL-THOMPSON,
  KRUEGER, MONSERRATE, MONTGOMERY, OPPENHEIMER, PARKER, PERKINS, SAVINO,
  SCHNEIDERMAN, SQUADRON, STAVISKY, THOMPSON -- 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  -- reported favorably from said
  committee and  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07082-09-9

              

S. 4041--B                          2

  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, evaluation 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. POSSESSION.
        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.
  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. "CERTIFIED PATIENT" MEANS A PATIENT WHO IS CERTIFIED UNDER  SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
  3.   "CERTIFICATION"   MEANS   A  CERTIFICATION,  MADE  UNDER  SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
  4. "DESIGNATED CAREGIVER" MEANS THE INDIVIDUAL DESIGNATED BY A  CERTI-
FIED PATIENT IN A REGISTRY APPLICATION.
  5. "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.
  6. "SERIOUS CONDITION" MEANS A SEVERE DEBILITATING OR LIFE-THREATENING
CONDITION, OR A CONDITION ASSOCIATED WITH OR A COMPLICATION  OF  SUCH  A
CONDITION  OR  ITS  TREATMENT (INCLUDING BUT NOT LIMITED TO INABILITY TO
TOLERATE FOOD, NAUSEA, VOMITING, DYSPHORIA OR PAIN).
  7. "MEDICAL MARIHUANA" MEANS MARIHUANA AS DEFINED IN SUBDIVISION TWEN-
TY-ONE OF SECTION THIRTY-THREE HUNDRED TWO OF THIS TITLE INTENDED FOR  A
CERTIFIED MEDICAL USE.
  8.  "REGISTERED  ORGANIZATION"  MEANS  A REGISTERED ORGANIZATION UNDER
SECTIONS  THIRTY-THREE  HUNDRED  SIXTY-FOUR  AND  THIRTY-THREE   HUNDRED
SIXTY-FIVE OF THIS TITLE.
  9.  "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.
  10.  "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.
  11.  "USABLE  MARIHUANA"  MEANS  MARIHUANA CONSISTING OF THE HARVESTED
LEAVES AND FLOWERS OF THE PLANT OF THE  GENUS  CANNABIS,  BUT  DOES  NOT
INCLUDE ANY FOOD THAT IS NOT MARIHUANA.

S. 4041--B                          3

  12. "UNUSABLE MARIHUANA" MEANS SEEDS, STALKS, AND UNUSABLE ROOTS.
  S 3361. CERTIFICATION OF PATIENTS. 1. A PATIENT CERTIFICATION MAY ONLY
BE  ISSUED IF A PRACTITIONER CERTIFIES THAT: (A) THE PATIENT HAS A SERI-
OUS 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.
  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, IF THE PRACTITIONER STATES IN THE  CERTIF-
ICATION  THAT  HE OR SHE BELIEVES THE PATIENT WOULD BENEFIT FROM MEDICAL
MARIHUANA ONLY UNTIL A SPECIFIED EARLIER DATE, THEN THE  REGISTRY  IDEN-
TIFICATION CARD SHALL EXPIRE ON THAT DATE.
  S  3362.  POSSESSION.  1.  THE POSSESSION, ACQUISITION, USE, DELIVERY,
TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF MEDICAL  MARIHUANA  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  THE  MARIHUANA  THAT MAY BE POSSESSED BY A
CERTIFIED PATIENT AND SUCH CERTIFIED PATIENT'S DESIGNATED CAREGIVER DOES
NOT EXCEED A TOTAL AGGREGATE WEIGHT OF TWO AND ONE-HALF OUNCES OF USABLE
MARIHUANA.  A CERTIFIED PATIENT OR  DESIGNATED  CAREGIVER  POSSESSING  A
VALID  REGISTRY  IDENTIFICATION CARD MAY ALSO LAWFULLY POSSESS A REASON-
ABLE AMOUNT OF UNUSABLE MARIHUANA, WHICH SHALL NOT BE COUNTED TOWARD THE
LIMITS IN THIS SECTION.  A DESIGNATED CAREGIVER MAY POSSESS THE  QUANTI-
TIES REFERRED TO IN THIS SUBDIVISION 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  OR
DISPLAYED  IN A PUBLIC PLACE; (B) MEDICAL MARIHUANA MAY NOT BE SMOKED IN
ANY PLACE WHERE TOBACCO MAY NOT BE SMOKED UNDER  ARTICLE  THIRTEEN-E  OF
THIS  CHAPTER;  (C) EXCEPT THAT IN A HEALTH CARE FACILITY, MEDICAL MARI-
HUANA MAY BE SMOKED BY A PATIENT  OF  THE  FACILITY,  SUBJECT  TO  OTHER
PROVISIONS OF THIS TITLE, IN AN AREA, AND UNDER CIRCUMSTANCES, PERMITTED

S. 4041--B                          4

BY  THE  FACILITY, PROVIDED THAT THE PATIENT DOES NOT SMOKE IN THE PRES-
ENCE OF PATIENTS WHO ARE NOT CERTIFIED UNDER THIS TITLE.
  3.  IT  SHALL BE LAWFUL UNDER THIS ARTICLE TO GIVE OR DISPOSE OF MARI-
HUANA TO A CERTIFIED PATIENT OR DESIGNATED  CAREGIVER  FOR  A  CERTIFIED
MEDICAL USE WHERE NOTHING OF VALUE IS TRANSFERRED IN RETURN, OR TO OFFER
TO  DO THE SAME.  THIS PROHIBITION ON TRANSFERRING OR OFFERING TO TRANS-
FER A THING OF VALUE SHALL NOT (A) APPLY TO SALE OF MEDICAL MARIHUANA TO
OR BY A REGISTERED ORGANIZATION UNDER THIS ARTICLE; NOR  (B)  PREVENT  A
DESIGNATED  CAREGIVER  FROM  BEING REIMBURSED FOR 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   ORGANIZATION   UNDER   SECTION
THIRTY-THREE HUNDRED SIXTY-SIX OF THIS TITLE.
  4.  NO  SCHOOL, EMPLOYER OR LANDLORD SHALL REFUSE TO ENROLL, EMPLOY OR
LEASE TO OR OTHERWISE PENALIZE A PERSON SOLELY FOR HIS OR HER STATUS  AS
A  CERTIFIED  PATIENT  OR  DESIGNATED CAREGIVER; PROVIDED, HOWEVER, THAT
NOTHING IN THIS PARAGRAPH REQUIRES A SCHOOL,  EMPLOYER  OR  LANDLORD  TO
MAKE ANY ADDITIONAL ACCOMMODATIONS.
  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 HUNDRED  EIGHTY  DAYS  AFTER  THE
EFFECTIVE  DATE OF THIS SECTION. THE DEPARTMENT MAY SPECIFY A FORM FOR A
REGISTRY APPLICATION, IN WHICH CASE THE  DEPARTMENT  SHALL  PROVIDE  THE
FORM  ON  REQUEST,  REPRODUCTIONS  OF THE FORM MAY BE USED, AND THE FORM
SHALL BE AVAILABLE FOR DOWNLOADING FROM THE DEPARTMENT'S WEBSITE.
  2. TO OBTAIN OR RENEW A  REGISTRY  IDENTIFICATION  CARD,  A  CERTIFIED
PATIENT  SHALL  FILE  A  REGISTRY  APPLICATION  WITH THE DEPARTMENT. THE
REGISTRY APPLICATION OR RENEWAL APPLICATION SHALL INCLUDE:
  (A) A COPY OF THE PATIENT'S CERTIFICATION (A NEW WRITTEN CERTIFICATION
SHALL BE PROVIDED WITH A RENEWAL APPLICATION);
  (B) (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT; (II)  THE
DATE OF THE CERTIFICATION; (III) IF THE PATIENT HAS A REGISTRY IDENTIFI-
CATION  CARD  BASED ON A CURRENT VALID CERTIFICATION, THE REGISTRY IDEN-
TIFICATION 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 INFORMA-
TION REQUIRED BY THE DEPARTMENT;
  (C) IF THE  PATIENT  DESIGNATES  A  DESIGNATED  CAREGIVER,  THE  NAME,
ADDRESS,  AND DATE OF BIRTH OF THE DESIGNATED CAREGIVER, AND OTHER INDI-
VIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPARTMENT;  A  CERTIFIED
PATIENT MAY DESIGNATE UP TO TWO DESIGNATED CAREGIVERS;
  (D)  A  STATEMENT  THAT  A  FALSE STATEMENT MADE IN THE APPLICATION IS
PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW;
  (E) THE DATE OF THE APPLICATION AND THE  SIGNATURE  OF  THE  CERTIFIED
PATIENT; AND
  (F)  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:

S. 4041--B                          5

  (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. A DESIGNATED CAREGIVER SHALL CARRY A SEPARATE
REGISTRY IDENTIFICATION CARD FOR EACH CERTIFIED PATIENT FOR WHOM  HE  OR
SHE  IS  A DESIGNATED CAREGIVER. EACH REGISTRY IDENTIFICATION CARD SHALL
CONTAIN THE  SAME  REGISTRY  IDENTIFICATION  NUMBER  SPECIFIED  IN  THIS
SECTION.
  6.  THE  DEPARTMENT SHALL ISSUE SEPARATE REGISTRY IDENTIFICATION CARDS
FOR THE CERTIFIED PATIENT AND THE DESIGNATED CAREGIVER (IF ONE IS DESIG-
NATED IN THE REGISTRY APPLICATION) WITHIN THIRTY  DAYS  OF  RECEIVING  A
COMPLETE  APPLICATION  UNDER THIS SECTION, UNLESS IT DETERMINES THAT THE
APPLICATION IS INCOMPLETE OR FACIALLY INACCURATE, IN WHICH CASE IT SHALL
PROMPTLY NOTIFY THE APPLICANT.
  7.  IF THE DEPARTMENT DOES NOT APPROVE THE DESIGNATION OF AN  INDIVID-
UAL AS A DESIGNATED CAREGIVER, THAT SHALL NOT AFFECT THE APPROVAL OF THE
APPLICATION AS TO THE CERTIFIED PATIENT.
  8. A REGISTRY IDENTIFICATION CARD SHALL CONTAIN:
  (A)  THE NAME, ADDRESS, AND DATE OF BIRTH OF THE CERTIFIED PATIENT AND
THE DESIGNATED CAREGIVER (IF ONE IS DESIGNATED IN THE REGISTRY  APPLICA-
TION);
  (B) THE DATE OF ISSUANCE AND EXPIRATION DATE OF THE REGISTRY IDENTIFI-
CATION CARD;
  (C)  A  REGISTRY IDENTIFICATION NUMBER FOR THE CERTIFIED PATIENT AND A
REGISTRY IDENTIFICATION NUMBER FOR THE DESIGNATED CAREGIVER (IF  ONE  IS
DESIGNATED IN THE REGISTRY APPLICATION); AND
  (D) A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE REGISTRY IDENTIFICATION
CARD  IS  BEING  ISSUED,  WHICH SHALL BE OBTAINED BY THE DEPARTMENT IN A
MANNER SPECIFIED BY THE COMMISSIONER IN REGULATIONS; PROVIDED,  HOWEVER,
THAT IF THE DEPARTMENT REQUIRED CERTIFIED PATIENTS TO SUBMIT PHOTOGRAPHS
FOR THIS PURPOSE, THERE SHALL BE A REASONABLE ACCOMMODATION OF CERTIFIED
PATIENTS WHO ARE CONFINED TO THEIR HOMES DUE TO THEIR MEDICAL CONDITIONS
AND MAY THEREFORE HAVE DIFFICULTY PROCURING PHOTOGRAPHS.
  9.  A  CERTIFIED PATIENT OR DESIGNATED CAREGIVER WHO HAS BEEN ISSUED A
REGISTRY IDENTIFICATION CARD SHALL NOTIFY THE DEPARTMENT OF  ANY  CHANGE
IN  HIS OR HER NAME OR ADDRESS OR, WITH RESPECT TO THE PATIENT, OR IF HE
OR SHE CEASES TO HAVE THE SERIOUS CONDITION NOTED ON THE  CERTIFICATION,
WITHIN TEN DAYS OF SUCH CHANGE.
  10.  IF  A  CERTIFIED PATIENT OR DESIGNATED CAREGIVER LOSES HIS OR HER
REGISTRY IDENTIFICATION CARD, HE OR SHE SHALL NOTIFY THE DEPARTMENT  AND
SUBMIT  A  TEN DOLLAR FEE WITHIN TEN DAYS OF LOSING THE CARD TO MAINTAIN
THE REGISTRATION. 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.

S. 4041--B                          6

  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 REVOKED. THIS IS IN ADDITION TO  ANY
OTHER PENALTY THAT MAY APPLY.
  14.  TEMPORARY REGISTRY IDENTIFICATION CARDS. (A) REGISTRY IMPLEMENTA-
TION  DATE.  AS  USED  IN THIS SUBDIVISION, THE "REGISTRY IMPLEMENTATION
DATE" IS THE DATE DETERMINED BY THE COMMISSIONER WHEN THE DEPARTMENT  IS
READY  TO  RECEIVE  AND  EXPEDITIOUSLY  ACT ON APPLICATIONS FOR REGISTRY
IDENTIFICATION CARDS UNDER THIS SECTION. THE COMMISSIONER SHALL GIVE  AT
LEAST SIXTY DAYS PRIOR WRITTEN PUBLIC NOTICE OF THE REGISTRY IDENTIFICA-
TION DATE, BY PUBLICATION IN THE STATE REGISTER.
  (B)(I)  CERTIFIED  PATIENT.  A COPY OF THE CERTIFIED PATIENT'S CERTIF-
ICATION SHALL TEMPORARILY SERVE AS AND HAVE THE SAME EFFECT  AS  HIS  OR
HER  REGISTRY  IDENTIFICATION  CARD. IT SHALL EXPIRE AS A REGISTRY IDEN-
TIFICATION CARD ON THE EARLIER OF THE EXPIRATION  DATE  OF  THE  CERTIF-
ICATION OR SIXTY DAYS AFTER THE REGISTRY IMPLEMENTATION DATE.
  (II)  DESIGNATED  CAREGIVER. A COPY OF THE CERTIFIED PATIENT'S CERTIF-
ICATION, TOGETHER WITH A COPY OF  A  WRITTEN  STATEMENT  SIGNED  BY  THE
CERTIFIED  PATIENT CONTAINING THE SAME INFORMATION AS AN APPLICATION FOR
A REGISTRY IDENTIFICATION CARD UNDER THIS SECTION DESIGNATING  A  PERSON
AS THE CERTIFIED PATIENT'S DESIGNATED CAREGIVER, SHALL TEMPORARILY SERVE
AS  AND  HAVE  THE SAME EFFECT AS A REGISTRY IDENTIFICATION CARD FOR THE
DESIGNATED CAREGIVER. IN THE CASE OF A CERTIFIED PATIENT UNDER  EIGHTEEN
YEARS  OF  AGE,  THE STATEMENT SHALL BE SIGNED BY A PERSON AUTHORIZED TO
MAKE AN APPLICATION UNDER THIS SECTION FOR  THE  CERTIFIED  PATIENT.  IT
SHALL  EXPIRE  AS  A  REGISTRY IDENTIFICATION CARD ON THE EARLIER OF THE
EXPIRATION DATE OF THE CERTIFICATION OR SIXTY DAYS  AFTER  THE  REGISTRY
IMPLEMENTATION DATE.
  (C)  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  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 AND DESIGNATED CAREGIVER IF ANY, 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.
  S 3364. REGISTERED ORGANIZATIONS. 1. A REGISTERED  ORGANIZATION  SHALL
BE:
  (A) A PHARMACY;
  (B) A FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER;
  (C)  A NOT-FOR-PROFIT CORPORATION ORGANIZED FOR THE PURPOSE OF ACQUIR-
ING, POSSESSING, MANUFACTURING,  SELLING,  DELIVERING,  TRANSPORTING  OR
DISTRIBUTING MARIHUANA FOR CERTIFIED MEDICAL USE;

S. 4041--B                          7

  (D) THE DEPARTMENT;
  (E) A LOCAL HEALTH DEPARTMENT; OR
  (F)  A  REGISTERED  PRODUCER,  WHICH SHALL BE A PERSON OR ENTITY, WITH
APPROPRIATE EXPERTISE IN AGRICULTURE,  REGISTERED  FOR  THE  PURPOSE  OF
ACQUIRING OR MANUFACTURING MARIHUANA AND SELLING, DELIVERING, TRANSPORT-
ING,  OR DISTRIBUTING IT TO ANOTHER REGISTERED ORGANIZATION; A CERTIFIED
PRODUCER SHALL NOT SELL, DELIVER OR DISTRIBUTE MARIHUANA TO A  CERTIFIED
PATIENT OR DESIGNATED CAREGIVER FOR THAT PERSON'S USE.
  2.  THE ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIVERY, TRANSPORT-
ING OR DISTRIBUTING OF MARIHUANA BY A REGISTERED ORGANIZATION UNDER THIS
TITLE IN ACCORDANCE WITH ITS  REGISTRATION  UNDER  SECTION  THIRTY-THREE
HUNDRED  SIXTY-FIVE  OF  THIS TITLE OR A RENEWAL THEREOF SHALL BE LAWFUL
UNDER THIS TITLE.
  3. A REGISTERED ORGANIZATION (OTHER THAN A  REGISTERED  PRODUCER)  MAY
LAWFULLY,  IN  GOOD FAITH, SELL, DELIVER OR DISTRIBUTE 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 DESIGNATED CAREGIVER (IF ANY); AND THE QUANTI-
TY OF MARIHUANA SOLD. THE REGISTERED ORGANIZATION SHALL RETAIN A COPY OF
THE REGISTRY IDENTIFICATION CARD AND THE RECEIPT FOR ONE YEAR.
  4. NO REGISTERED ORGANIZATION MAY SELL, DELIVER OR DISTRIBUTE  TO  ANY
CERTIFIED PATIENT OR DESIGNATED CAREGIVER A QUANTITY OF MEDICAL MARIHUA-
NA  LARGER  THAN  THAT INDIVIDUAL WOULD BE ALLOWED TO POSSESS UNDER THIS
TITLE.
  5. WHEN A  REGISTERED  ORGANIZATION  SELLS,  DELIVERS  OR  DISTRIBUTES
MEDICAL  MARIHUANA  TO  A  CERTIFIED PATIENT OR DESIGNATED CAREGIVER, IT
SHALL PROVIDE TO THAT INDIVIDUAL A SAFETY INSERT, WHICH WILL  BE  DEVEL-
OPED  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 MARIHUANA
AND OBTAIN APPROPRIATE SERVICES OR TREATMENT  FOR PROBLEMATIC USAGE.
  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
EQUIPMENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED  IN  THE  APPLICA-
TION;
  (III)  IS  ABLE TO MAINTAIN EFFECTIVE CONTROL AGAINST DIVERSION OF THE
MARIHUANA; AND
  (IV) IS ABLE TO COMPLY WITH ALL APPLICABLE STATE LAWS AND  REGULATIONS
RELATING  TO  THE  ACTIVITIES  IN  WHICH  IT INTENDS TO ENGAGE UNDER THE
REGISTRATION.
  (B) THE APPLICATION SHALL ESTABLISH THE APPLICANT'S STATUS UNDER PARA-
GRAPH  (A),  (B),  (C),  (D)  OR  (E)  OF  SUBDIVISION  ONE  OF  SECTION
THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE, OR ITS INTENTION TO QUAL-

S. 4041--B                          8

IFY   UNDER   PARAGRAPH  (C)  OR  (F)  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,
FINED, CENSURED OR HAD A REGISTRATION SUSPENDED OR REVOKED IN ANY ADMIN-
ISTRATIVE OR JUDICIAL PROCEEDING RELATING TO OR ARISING OUT OF THE MANU-
FACTURE, DISTRIBUTION, SALE, OR POSSESSION OF DRUGS; 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;
AND
  (VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
TER.
  (B) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT SHOULD  BE
ISSUED  A  REGISTRATION, HE OR SHE SHALL NOTIFY THE APPLICANT IN WRITING
OF THOSE FACTORS UPON WHICH FURTHER EVIDENCE IS REQUIRED. WITHIN  THIRTY
DAYS OF THE RECEIPT OF SUCH NOTIFICATION, THE APPLICANT MAY SUBMIT ADDI-
TIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEARING OR BOTH.
  (C)  THE  FEE FOR A REGISTRATION UNDER THIS SECTION SHALL BE AN 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; AND
  (II) WHICH ACTIVITIES OF A REGISTERED ORGANIZATION  ARE  PERMITTED  BY
THE REGISTRATION.
  (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.
THE FEE FOR SUCH AMENDMENT SHALL BE TWO HUNDRED FIFTY DOLLARS.

S. 4041--B                          9

  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:
  (1)  EACH  INCIDENT  OR ALLEGED INCIDENT INVOLVING THE THEFT, LOSS, OR
POSSIBLE DIVERSION OF  MARIHUANA  MANUFACTURED  OR  DISTRIBUTED  BY  THE
APPLICANT; AND
  (2)  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
EITHER  SUBMIT ADDITIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEAR-
ING OR BOTH. IF A HEARING IS DEMANDED, THE COMMISSIONER SHALL FIX A DATE
FOR A 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.
  (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

S. 4041--B                         10

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.
  S  3366.  REPORTS BY REGISTERED ORGANIZATIONS. THE COMMISSIONER SHALL,
BY REGULATION, REQUIRE EACH REGISTERED ORGANIZATION THAT SELLS, DELIVERS
OR DISTRIBUTES MEDICAL MARIHUANA TO A CERTIFIED  PATIENT  OR  DESIGNATED
CAREGIVER TO FILE REPORTS OF ALL SUCH SALES, DELIVERIES OR DISTRIBUTIONS
BY  THE  REGISTERED  ORGANIZATION  DURING  A PARTICULAR PERIOD, ON FORMS
PROVIDED BY THE DEPARTMENT. REPORTS SHALL BE NOT  MORE  FREQUENTLY  THAN
EVERY SIX MONTHS, EXCEPT THAT WITHIN THE FIRST YEAR AFTER THIS TITLE HAS
TAKEN  EFFECT  REPORTS  SHALL BE REQUIRED NOT MORE FREQUENTLY THAN EVERY
THREE MONTHS. EACH REPORT SHALL INCLUDE FOR EACH SUCH SALE, DELIVERY  OR
DISTRIBUTION: THE DATE, THE QUANTITY SOLD, DELIVERED OR DISTRIBUTED; AND
THE  NAME,  ADDRESS  AND REGISTRY IDENTIFICATION NUMBER OF THE CERTIFIED
PATIENT AND THE DESIGNATED CAREGIVER (IF ANY).
  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 ONE YEAR
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 THE INSURANCE LAW OR THE PUBLIC HEALTH  LAW
TO  PROVIDE  COVERAGE FOR MEDICAL MARIHUANA. NOTHING IN THIS TITLE SHALL
BE CONSTRUED TO REQUIRE COVERAGE FOR  MEDICAL  MARIHUANA  UNDER  ARTICLE
TWENTY-FIVE OF THIS CHAPTER OR ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
  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  3.  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  4.  This  act  shall take effect sixty days after it shall become a
law; provided that the commissioner of health may make  regulations  and
issue forms provided for in this act before such effective date.