S T A T E O F N E W Y O R K
________________________________________________________________________
7542
2009-2010 Regular Sessions
I N A S S E M B L Y
April 14, 2009
___________
Introduced by M. of A. GOTTFRIED, BRADLEY, CAHILL, CLARK, CYMBROWITZ,
DINOWITZ, O'DONNELL, PAULIN, PEOPLES, LIFTON, KAVANAGH, COOK, SPANO,
DenDEKKER, SKARTADOS, CALHOUN -- Multi-Sponsored by -- M. of A. ALFA-
NO, AUBRY, BOYLAND, BRENNAN, BROOK-KRASNY, GALEF, GLICK, HIKIND, HOYT,
JACOBS, JAFFEE, KELLNER, V. LOPEZ, LUPARDO, MAISEL, MARKEY, MAYERSOHN,
McENENY, MILLER, MILLMAN, PHEFFER, POWELL, PRETLOW, N. RIVERA, ROBIN-
SON, ROSENTHAL, SCARBOROUGH, SCHIMEL, SCOZZAFAVA, SWEENEY, TOWNS,
WALKER, WEISENBERG, WRIGHT -- read once and referred to the Committee
on Health
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.
LBD07082-03-9
A. 7542 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. 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.
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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.
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
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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
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
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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:
(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
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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. 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.
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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;
(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
A. 7542 8
(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.
(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.
A. 7542 9
(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.
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.
A. 7542 10
(B) FOR PURPOSES OF THIS SECTION, PROOF THAT A REGISTERED ORGANIZA-
TION, DURING THE PERIOD OF ITS REGISTRATION, HAS FAILED TO MAINTAIN
EFFECTIVE CONTROL AGAINST DIVERSION OR HAS KNOWINGLY OR NEGLIGENTLY
FAILED TO COMPLY WITH APPLICABLE STATE LAWS RELATING TO THE ACTIVITIES
IN WHICH IT ENGAGES UNDER THE REGISTRATION, SHALL CONSTITUTE SUBSTANTIAL
EVIDENCE THAT THE APPLICANT WILL BE UNLIKELY TO MAINTAIN EFFECTIVE
CONTROL AGAINST DIVERSION OR WILL BE UNLIKELY TO COMPLY WITH THE APPLI-
CABLE STATE STATUTES DURING THE PERIOD OF PROPOSED RENEWAL.
6. THE DEPARTMENT MAY SUSPEND OR TERMINATE THE REGISTRATION OF A
REGISTERED ORGANIZATION, ON GROUNDS AND USING PROCEDURES UNDER THIS
ARTICLE RELATING TO A LICENSE, TO THE EXTENT CONSISTENT WITH THIS TITLE.
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.
A. 7542 11
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
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.