assembly Bill A7347A

2011-2012 Legislative Session

Legalizes the possession, manufacture, use, delivery, transfer, transport or administration of marihuana by a certified patient or designated caregiver

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Archive: Last Bill Status - Passed Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2012 referred to rules
delivered to senate
passed assembly
ordered to third reading rules cal.153
rules report cal.153
reported
Jun 12, 2012 reported referred to rules
Jun 11, 2012 reported referred to ways and means
Jun 08, 2012 print number 7347b
amend and recommit to codes
May 15, 2012 reported referred to codes
May 03, 2012 print number 7347a
amend and recommit to health
Jan 04, 2012 referred to health
Jun 15, 2011 reported referred to rules
Jun 13, 2011 reported referred to ways and means
May 24, 2011 reported referred to codes
May 02, 2011 referred to health

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

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A7347 - Bill Details

See Senate Version of this Bill:
S7283
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add Art 33 Title 5-A §§3360 - 3369, Pub Health L; amd §853, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2009-2010: A11565, S7283, S8427
2011-2012: A7347B, S2774

A7347 - Bill Texts

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Legalizes the possession, acquisition, use, delivery, transfer, transport or administration of marihuana by a certified patient or designated caregiver for a certified medical use; prescribes procedures for such possession, acquisition, etc. including certification of patients by their practitioner, and that, in the practitioner's professional judgment, the serious condition should be treated with the medical use of marihuana; provides that possession or acquisition of marihuana shall be lawful under these provisions provided that the marihuana possessed does not exceed a total aggregate weight of two and a half ounces; directs the department of health to monitor such use and promulgate rules and regulations for registry identification cards; provides for reports by the department of health to the governor and legislature on the medical use of marihuana.

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

                                  7347

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 2, 2011
                               ___________

Introduced  by M. of A. GOTTFRIED, ARROYO, CAHILL, CALHOUN, CLARK, COOK,
  CYMBROWITZ, DenDEKKER, DINOWITZ,  JAFFEE,  KAVANAGH,  LAVINE,  LIFTON,
  O'DONNELL,  PAULIN,  PEOPLES-STOKES, SPANO -- Multi-Sponsored by -- M.
  of A. ABINANTI, AUBRY, BING, BOYLAND,  BRENNAN,  BROOK-KRASNY,  GALEF,
  GLICK,  HIKIND,  HOYT,  JACOBS,  KELLNER,  V. LOPEZ,  LUPARDO,  MAGEE,
  MAISEL,  MARKEY,  McENENY,  J. MILLER,  MILLMAN,   PHEFFER,   PRETLOW,
  N. RIVERA, ROBINSON, RODRIGUEZ, ROSENTHAL, SCARBOROUGH, SCHIMEL, SWEE-
  NEY,  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.
                                                           LBD02415-01-1

A. 7347                             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. REGISTERED ORGANIZATION ASSESSMENTS.
        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,  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.

A. 7347                             3

  11.  "PRACTITIONER" MEANS A PRACTITIONER WHO IS A PHYSICIAN, PHYSICIAN
ASSISTANT, OR  NURSE  PRACTITIONER,  ACTING  WITHIN  THE  PRACTITIONER'S
LAWFUL SCOPE OF PRACTICE.
  S 3361. CERTIFICATION OF PATIENTS. 1. A PATIENT CERTIFICATION MAY ONLY
BE  ISSUED IF A PRACTITIONER WHO IS CARING FOR THE PATIENT FOR A SERIOUS
CONDITION CERTIFIES THAT: (A) THE PATIENT HAS A SERIOUS CONDITION, WHICH
SHALL BE SPECIFIED IN THE PATIENT'S HEALTH CARE RECORD; (B) THE  PATIENT
IS  UNDER  THE PRACTITIONER'S CARE FOR THE SERIOUS CONDITION; AND (C) IN
THE PRACTITIONER'S  PROFESSIONAL  OPINION,  THE  PATIENT  IS  LIKELY  TO
RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE PRIMARY OR ADJUNCTIVE
TREATMENT WITH MEDICAL USE OF MARIHUANA FOR THE SERIOUS CONDITION.
  2.  THE  CERTIFICATION  SHALL  BE IN WRITING AND INCLUDE (A) THE NAME,
DATE OF BIRTH AND ADDRESS OF THE  PATIENT;  (B)  A  STATEMENT  THAT  THE
PATIENT HAS A SERIOUS CONDITION; THE PATIENT IS UNDER THE PRACTITIONER'S
CARE  FOR  THE SERIOUS CONDITION AND, IN THE PRACTITIONER'S PROFESSIONAL
OPINION, THE PATIENT IS LIKELY  TO  RECEIVE  THERAPEUTIC  OR  PALLIATIVE
BENEFIT  FROM  THE  PRIMARY  OR ADJUNCTIVE TREATMENT WITH MEDICAL USE OF
MARIHUANA FOR THE SERIOUS CONDITION; (C) THE DATE;  AND  (D)  THE  NAME,
ADDRESS,  FEDERAL  REGISTRATION  NUMBER, TELEPHONE NUMBER, AND THE HAND-
WRITTEN SIGNATURE OF THE CERTIFYING PRACTITIONER.  THE COMMISSIONER  MAY
REQUIRE BY REGULATION THAT THE CERTIFICATION SHALL BE ON A FORM PROVIDED
BY  THE DEPARTMENT IF THE COMMISSIONER DETERMINES THAT THE DEPARTMENT IS
MAKING CERTIFICATION FORMS ADEQUATELY AVAILABLE.
  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 MARI-
HUANA.  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

A. 7347                             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, OBTAINED UNDER THIS TITLE FOR THE CERTIFIED PATIENT TO THE CERTI-
FIED 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  TRANSFER  A  THING  OF
VALUE SHALL NOT (A) APPLY TO SALE OF MEDICAL MARIHUANA TO OR BY A REGIS-
TERED  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.
  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 JUNE FIRST, TWO THOUSAND TWELVE.  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) THE ORIGINAL 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:
  (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. 7347                             5

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.  THE DEPARTMENT MAY ESTABLISH HIGHER FEES FOR ISSUING
A NEW REGISTRY IDENTIFICATION CARD FOR SECOND  AND  SUBSEQUENT  REPLACE-
MENTS FOR A LOST CARD, PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE
THE  FEE  IN  CASES OF FINANCIAL HARDSHIP.   WITHIN FIVE DAYS AFTER SUCH
NOTIFICATION AND PAYMENT, THE DEPARTMENT  SHALL  ISSUE  A  NEW  REGISTRY
IDENTIFICATION  CARD,  WHICH  MAY  CONTAIN A NEW REGISTRY IDENTIFICATION
NUMBER, TO THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER,  AS  THE  CASE
MAY BE.
  11.  THE  DEPARTMENT SHALL MAINTAIN A CONFIDENTIAL LIST OF THE PERSONS
TO WHOM IT HAS ISSUED REGISTRY IDENTIFICATION CARDS. INDIVIDUAL  IDENTI-
FYING  INFORMATION  OBTAINED BY THE DEPARTMENT UNDER THIS TITLE SHALL BE

A. 7347                             6

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. (A) REGISTRY IMPLEMENTATION DATE. AS USED IN THIS SUBDIVISION, THE
"REGISTRY IMPLEMENTATION DATE" IS THE DATE DETERMINED BY THE COMMISSION-
ER  WHEN  THE  DEPARTMENT  IS  READY TO RECEIVE AND EXPEDITIOUSLY ACT ON
APPLICATIONS FOR REGISTRY IDENTIFICATION CARDS UNDER THIS SECTION.
  (B) ON AND AFTER THE REGISTRY IMPLEMENTATION DATE, UPON RECEIPT OF  AN
APPLICATION  FOR  A  REGISTRY  IDENTIFICATION CARD, THE DEPARTMENT SHALL
SEND TO THE APPLICANT A LETTER ACKNOWLEDGING  SUCH  RECEIPT.  WHILE  THE
APPLICATION FOR A REGISTRY IDENTIFICATION CARD IS PENDING, A COPY OF THE
REGISTRY  APPLICATION,  TOGETHER  WITH A COPY OF THE CERTIFICATION 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;
  (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.
  1-A. THE DEPARTMENT MAY CONTRACT,  THROUGH  A  REQUEST  FOR  PROPOSALS
PROCESS, WITH AN ENTITY TO MANUFACTURE MEDICAL MARIHUANA FOR SALE TO THE
DEPARTMENT IN THE DEPARTMENT'S CAPACITY AS A REGISTERED ORGANIZATION. AN
ENTITY  CONTRACTING  WITH THE DEPARTMENT UNDER THIS SUBDIVISION SHALL BE
DEEMED TO BE A REGISTERED PRODUCER WHEN ACTING UNDER THAT CONTRACT.
  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

A. 7347                             7

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-
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-

A. 7347                             8

CATION  OR  ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUMSTANCE WHICH
IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
  2. GRANTING OF REGISTRATION. (A) THE COMMISSIONER SHALL GRANT A REGIS-
TRATION  OR  AMENDMENT TO A REGISTRATION UNDER THIS SECTION IF HE OR SHE
IS SATISFIED THAT:
  (I) THE APPLICANT WILL BE ABLE TO MAINTAIN EFFECTIVE  CONTROL  AGAINST
DIVERSION OF MARIHUANA;
  (II)  THE  APPLICANT  WILL BE ABLE TO COMPLY WITH ALL APPLICABLE STATE
LAWS;
  (III) THE APPLICANT AND ITS OFFICERS ARE READY, WILLING  AND  ABLE  TO
PROPERLY CARRY ON THE MANUFACTURING OR DISTRIBUTING ACTIVITY FOR WHICH A
REGISTRATION IS SOUGHT;
  (IV)  THE APPLICANT POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT LAND,
BUILDINGS AND EQUIPMENT TO PROPERLY CARRY ON THE ACTIVITY  DESCRIBED  IN
THE APPLICATION;
  (V) IT IS IN THE PUBLIC INTEREST THAT SUCH REGISTRATION BE GRANTED; IN
THE  CASE  OF  AN  APPLICANT  UNDER  PARAGRAPH (C) OF SUBDIVISION ONE OF
SECTION THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE, THE  COMMISSIONER
MAY  CONSIDER  WHETHER THE NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA
WILL BE ADEQUATE OR EXCESSIVE TO REASONABLY SERVE THE AREA; 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.
  (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.
  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:

A. 7347                             9

  (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.
  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; OR
  (III)  IS  AN  APPLICANT  UNDER  PARAGRAPH  (C)  OF SUBDIVISION ONE OF
SECTION THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE, IN WHICH CASE THE
COMMISSIONER MAY CONSIDER WHETHER THE NUMBER OF REGISTERED ORGANIZATIONS
IN AN AREA IS ADEQUATE OR EXCESSIVE TO REASONABLY SERVE THE AREA.
  (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.  1.  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 FREQUENT-
LY THAN EVERY SIX MONTHS.  EACH REPORT SHALL INCLUDE FOR EACH SUCH SALE,
DELIVERY OR DISTRIBUTION: THE DATE,  THE  QUANTITY  SOLD,  DELIVERED  OR

A. 7347                            10

DISTRIBUTED; AND THE NAME, ADDRESS AND REGISTRY IDENTIFICATION NUMBER OF
THE CERTIFIED PATIENT AND THE DESIGNATED CAREGIVER (IF ANY).
  2.  THE  COMMISSIONER  SHALL,  BY  REGULATION, REQUIRE EACH REGISTERED
PRODUCER TO FILE REPORTS OF ALL SALES, DELIVERIES  OR  DISTRIBUTIONS  OF
MEDICAL MARIHUANA BY THE REGISTERED PRODUCER DURING A PARTICULAR PERIOD,
ON FORMS PROVIDED BY THE DEPARTMENT. REPORTS SHALL BE NOT MORE FREQUENT-
LY  THAN  EVERY  MONTH.  EACH  REPORT  SHALL INCLUDE FOR EACH SUCH SALE,
DELIVERY OR DISTRIBUTION: THE DATE,  THE  QUANTITY  SOLD,  DELIVERED  OR
DISTRIBUTED;  AND THE NAME AND ADDRESS OF THE REGISTERED ORGANIZATION TO
WHICH THE SALE, DELIVERY OR DISTRIBUTION WAS MADE.
  S 3367. EVALUATION; RESEARCH PROGRAMS; REPORT BY  DEPARTMENT.  1.  THE
COMMISSIONER  MAY  PROVIDE FOR THE ANALYSIS AND EVALUATION OF THE OPERA-
TION OF THIS TITLE. THE COMMISSIONER MAY ENTER INTO AGREEMENTS WITH  ONE
OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS OR OTHER ORGANIZATIONS, FOR
THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTATION AND EFFECTIVENESS
OF THIS TITLE.
  2.  THE  DEPARTMENT  MAY  DEVELOP, SEEK ANY NECESSARY FEDERAL APPROVAL
FOR, AND CARRY OUT RESEARCH PROGRAMS RELATING TO MEDICAL USE OF MARIHUA-
NA.  PARTICIPATION IN ANY SUCH RESEARCH PROGRAM SHALL  BE  VOLUNTARY  ON
THE PART OF PRACTITIONERS, PATIENTS, AND DESIGNATED CAREGIVERS.
  3.  THE  DEPARTMENT  SHALL REPORT EVERY TWO YEARS, BEGINNING TWO YEARS
AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA-
TURE ON THE MEDICAL USE OF MARIHUANA UNDER THIS TITLE AND MAKE APPROPRI-
ATE RECOMMENDATIONS.
  S 3368. REGISTERED ORGANIZATION ASSESSMENTS. 1. EACH REGISTERED ORGAN-
IZATION SHALL BE CHARGED AN  ASSESSMENT  IN  THE  AMOUNT  OF  SEVEN  AND
ONE-TENTH  PERCENT OF ITS GROSS RECEIPTS RECEIVED FROM ALL MEDICAL MARI-
HUANA SOLD, DELIVERED OR DISTRIBUTED, LESS REFUNDS,  ON  A  CASH  BASIS.
THE  ASSESSMENT  SHALL  BE  SUBMITTED  BY OR ON BEHALF OF THE REGISTERED
ORGANIZATION TO THE COMMISSIONER OR HIS OR HER DESIGNEE ON A SCHEDULE TO
BE DETERMINED BY THE COMMISSIONER.
  2. THE GROSS RECEIPTS TAX OWED  BY  A  REGISTERED  ORGANIZATION  UNDER
SECTION  TWENTY-EIGHT  HUNDRED  SEVEN-D OF THIS CHAPTER, ATTRIBUTABLE TO
THE SALE, DELIVERY OR  DISTRIBUTION  OF  MEDICAL  MARIHUANA  UNDER  THIS
TITLE, SHALL BE DEDUCTIBLE BY THE REGISTERED ORGANIZATION FROM ANY GROSS
RECEIPTS ASSESSMENT OWED BY IT UNDER THIS TITLE.
  3. THE REGISTERED ORGANIZATION SHALL MAINTAIN THE DOCUMENTATION NECES-
SARY  TO ESTABLISH WHAT AMOUNT IS OWED PURSUANT TO THIS SECTION AND SUCH
RECORDS SHALL BE SUBJECT TO AUDIT BY THE  COMMISSIONER  OR  HIS  OR  HER
DESIGNEE.
  4. NO GOVERNMENTAL AGENCY OPERATING AS A REGISTERED ORGANIZATION SHALL
PAY AN ASSESSMENT PURSUANT TO THIS SECTION.
  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:

A. 7347                            11

  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 immediately.

Co-Sponsors

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A7347A - Bill Details

See Senate Version of this Bill:
S7283
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add Art 33 Title 5-A §§3360 - 3369, Pub Health L; amd §853, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2009-2010: A11565, S7283, S8427
2011-2012: A7347B, S2774

A7347A - Bill Texts

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Legalizes the possession, acquisition, use, delivery, transfer, transport or administration of marihuana by a certified patient or designated caregiver for a certified medical use; prescribes procedures for such possession, acquisition, etc. including certification of patients by their practitioner, and that, in the practitioner's professional judgment, the serious condition should be treated with the medical use of marihuana; provides that possession or acquisition of marihuana shall be lawful under these provisions provided that the marihuana possessed does not exceed a total aggregate weight of two and a half ounces; directs the department of health to monitor such use and promulgate rules and regulations for registry identification cards; provides for reports by the department of health to the governor and legislature on the medical use of marihuana.

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

                                 7347--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 2, 2011
                               ___________

Introduced  by M. of A. GOTTFRIED, ARROYO, CAHILL, CALHOUN, CLARK, COOK,
  CYMBROWITZ, DenDEKKER, DINOWITZ,  JAFFEE,  KAVANAGH,  LAVINE,  LIFTON,
  O'DONNELL,  PAULIN,  PEOPLES-STOKES, ROSENTHAL, BOYLAND, WEPRIN, BRON-
  SON, CRESPO, LUPARDO, TITONE, SKARTADOS -- Multi-Sponsored by -- M. of
  A. ABINANTI, AUBRY, BRENNAN, BROOK-KRASNY,  BURLING,  FARRELL,  GALEF,
  GLICK, HIKIND, JACOBS, KELLNER, V. LOPEZ, MAGEE, MAISEL, MARKEY, McEN-
  ENY,  J. MILLER,  MILLMAN,  PRETLOW,  N. RIVERA,  ROBINSON, RODRIGUEZ,
  SCARBOROUGH, SCHIMEL, SWEENEY, WEISENBERG, WRIGHT  --  read  once  and
  referred to the Committee on Health -- recommitted to the Committee on
  Health  in  accordance  with  Assembly  Rule  3,  sec.  2 -- 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.
                                                           LBD02415-02-2

A. 7347--A                          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.   LAWFUL MEDICAL USE.
        3363.   REGISTRY IDENTIFICATION  CARDS  AND  HARDSHIP  REGISTRA-
                TIONS.
        3364.   REGISTERED ORGANIZATIONS.
        3365.   REGISTERING OF REGISTERED ORGANIZATIONS.
        3366.   REPORTS BY REGISTERED ORGANIZATIONS.
        3367.   EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
        3368.   REGISTERED ORGANIZATION ASSESSMENTS.
        3369.   RELATION TO OTHER LAWS.
        3369-A. PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA.
        3369-B. SEVERABILITY.
  S  3360. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES  OTHER-
WISE:
  1.  "CERTIFIED  MEDICAL  USE"  MEANS THE ACQUISITION, POSSESSION, USE,
DELIVERY, TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF  MEDICAL  MARI-
HUANA  BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR USE AS PART OF
THE TREATMENT OF THE PATIENT'S SERIOUS CONDITION SPECIFIED IN A  CERTIF-
ICATION  UNDER  SECTION  THIRTY-THREE  HUNDRED  SIXTY-ONE OF THIS TITLE,
INCLUDING ENABLING THE PATIENT TO TOLERATE  TREATMENT  FOR  THE  SERIOUS
CONDITION.
  2.  "CARING FOR" MEANS TREATING OR COUNSELING A PATIENT, IN THE COURSE
OF WHICH THE  PRACTITIONER  HAS  COMPLETED  A  FULL  ASSESSMENT  OF  THE
PATIENT'S MEDICAL HISTORY AND CURRENT MEDICAL CONDITION.
  3.  "CERTIFIED PATIENT" MEANS A PATIENT WHO IS CERTIFIED UNDER SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
  4.  "CERTIFICATION"  MEANS  A  CERTIFICATION,   MADE   UNDER   SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
  5.  "DESIGNATED CAREGIVER" MEANS THE INDIVIDUAL DESIGNATED BY A CERTI-
FIED PATIENT IN A REGISTRY APPLICATION.
  6. "HARDSHIP REGISTRATION" MEANS A HARDSHIP REGISTRATION ISSUED  UNDER
SECTION THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
  7. "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.
  8. "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).
  9. "MEDICAL MARIHUANA" MEANS MARIHUANA AS DEFINED IN SUBDIVISION TWEN-
TY-ONE OF SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE INTENDED  FOR
A CERTIFIED MEDICAL USE.
  10.  "REGISTERED  ORGANIZATION"  MEANS A REGISTERED ORGANIZATION UNDER
SECTIONS  THIRTY-THREE  HUNDRED  SIXTY-FOUR  AND  THIRTY-THREE   HUNDRED
SIXTY-FIVE OF THIS TITLE.

A. 7347--A                          3

  11. "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.
  12.  "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.
  13.  "PRACTITIONER" MEANS A PRACTITIONER WHO IS A PHYSICIAN, PHYSICIAN
ASSISTANT, OR  NURSE  PRACTITIONER,  ACTING  WITHIN  THE  PRACTITIONER'S
LAWFUL SCOPE OF PRACTICE.
  S 3361. CERTIFICATION OF PATIENTS. 1. A PATIENT CERTIFICATION MAY ONLY
BE  ISSUED IF A PRACTITIONER WHO IS CARING FOR THE PATIENT FOR A SERIOUS
CONDITION CERTIFIES THAT: (A) THE PATIENT HAS A SERIOUS CONDITION, WHICH
SHALL BE SPECIFIED IN THE PATIENT'S HEALTH CARE RECORD; (B) THE  PATIENT
IS  UNDER  THE PRACTITIONER'S CARE FOR THE SERIOUS CONDITION; AND (C) IN
THE PRACTITIONER'S  PROFESSIONAL  OPINION,  THE  PATIENT  IS  LIKELY  TO
RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE PRIMARY OR ADJUNCTIVE
TREATMENT WITH MEDICAL USE OF MARIHUANA FOR THE SERIOUS CONDITION.
  2.  THE  CERTIFICATION  SHALL  BE IN WRITING AND INCLUDE (A) THE NAME,
DATE OF BIRTH AND ADDRESS OF THE  PATIENT;  (B)  A  STATEMENT  THAT  THE
PATIENT HAS A SERIOUS CONDITION; THE PATIENT IS UNDER THE PRACTITIONER'S
CARE  FOR  THE SERIOUS CONDITION AND, IN THE PRACTITIONER'S PROFESSIONAL
OPINION, THE PATIENT IS LIKELY  TO  RECEIVE  THERAPEUTIC  OR  PALLIATIVE
BENEFIT  FROM  THE  PRIMARY  OR ADJUNCTIVE TREATMENT WITH MEDICAL USE OF
MARIHUANA FOR THE SERIOUS CONDITION; (C) THE DATE;  AND  (D)  THE  NAME,
ADDRESS,  FEDERAL  REGISTRATION  NUMBER, TELEPHONE NUMBER, AND THE HAND-
WRITTEN SIGNATURE OF THE CERTIFYING PRACTITIONER.  THE COMMISSIONER  MAY
REQUIRE BY REGULATION THAT THE CERTIFICATION SHALL BE ON A FORM PROVIDED
BY  THE DEPARTMENT IF THE COMMISSIONER DETERMINES THAT THE DEPARTMENT IS
MAKING CERTIFICATION FORMS ADEQUATELY AVAILABLE.
  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. LAWFUL MEDICAL  USE.  1.  THE  POSSESSION,  ACQUISITION,  USE,
DELIVERY,  TRANSFER,  TRANSPORTATION, OR ADMINISTRATION OF MEDICAL MARI-
HUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER POSSESSING A  VALID
REGISTRY IDENTIFICATION CARD, FOR CERTIFIED MEDICAL USE, SHALL BE LAWFUL
UNDER THIS TITLE; PROVIDED THAT:
  (A)  THE  MARIHUANA  THAT MAY BE POSSESSED BY A CERTIFIED PATIENT DOES
NOT EXCEED A TOTAL AGGREGATE WEIGHT OF TWO AND ONE-HALF OUNCES OF  MARI-
HUANA,  IN  ADDITION  TO ANY AMOUNT LAWFULLY POSSESSED UNDER SUBDIVISION
TWO OF THIS SECTION; AND
  (B) THE MARIHUANA THAT MAY BE POSSESSED BY A DESIGNATED CAREGIVER DOES
NOT EXCEED THE QUANTITIES REFERRED TO IN PARAGRAPH (A) OF THIS  SUBDIVI-
SION FOR EACH CERTIFIED PATIENT FOR WHOM THE CAREGIVER POSSESSES A VALID
REGISTRY IDENTIFICATION CARD, UP TO FIVE CERTIFIED PATIENTS.

A. 7347--A                          4

  2.  (A) THIS SUBDIVISION APPLIES WHERE THE CERTIFIED PATIENT (I) LIVES
MORE THAN TWENTY MILES FROM A REGISTERED ORGANIZATION THAT  IS  ABLE  TO
PROVIDE  MEDICAL  MARIHUANA TO THE CERTIFIED PATIENT OR (II) IS ISSUED A
HARDSHIP REGISTRATION.
  (B) IT SHALL BE LAWFUL FOR A CERTIFIED PATIENT OR DESIGNATED CAREGIVER
POSSESSING  A  VALID  REGISTRY  IDENTIFICATION  CARD  TO MANUFACTURE AND
POSSESS MEDICAL MARIHUANA FOR USE BY THE CERTIFIED  PATIENT  UNDER  THIS
SUBDIVISION.  THE  MARIHUANA  MANUFACTURED BY A CERTIFIED PATIENT AT ANY
TIME SHALL NOT EXCEED A TOTAL AGGREGATE OF TWELVE PLANTS.  IT  SHALL  BE
LAWFUL  FOR A CERTIFIED PATIENT TO POSSESS THE MARIHUANA PRODUCED BY AND
HARVESTED FROM THE PLANTS POSSESSED BY  THE  CERTIFIED  PATIENT  OR  THE
PATIENT'S  DESIGNATED  CAREGIVER  UNDER  THIS  SUBDIVISION. A DESIGNATED
CAREGIVER MAY MANUFACTURE AND POSSESS THE QUANTITIES REFERRED TO IN THIS
SUBDIVISION FOR EACH CERTIFIED PATIENT UNDER THIS SUBDIVISION  FOR  WHOM
THE CAREGIVER POSSESSES A VALID REGISTRY IDENTIFICATION CARD OR HARDSHIP
REGISTRATION, AS THE CASE MAY BE, UP TO THREE CERTIFIED PATIENTS.
  3.  NOTWITHSTANDING  SUBDIVISION  ONE  OR  TWO  OF  THIS  SECTION: (A)
POSSESSION OR MANUFACTURE OF MARIHUANA SHALL NOT BE  LAWFUL  UNDER  THIS
TITLE  IF  IT  IS  CONSUMED,  GROWN  OR DISPLAYED IN A PUBLIC PLACE; (B)
MEDICAL MARIHUANA MAY NOT BE SMOKED IN ANY PLACE WHERE TOBACCO  MAY  NOT
BE SMOKED UNDER ARTICLE THIRTEEN-E OF THIS CHAPTER; (C) EXCEPT THAT IN A
HEALTH  CARE  FACILITY,  MEDICAL MARIHUANA 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 PRESENCE OF PATIENTS WHO ARE NOT CERTIFIED
UNDER THIS TITLE.
  4.  IT  SHALL BE LAWFUL UNDER THIS ARTICLE TO GIVE OR DISPOSE OF MARI-
HUANA, OBTAINED UNDER THIS TITLE, FOR  CERTIFIED  MEDICAL  USE,  BETWEEN
CERTIFIED  PATIENTS  AND  OTHER CERTIFIED PATIENTS, AND BETWEEN A DESIG-
NATED CAREGIVER AND THE DESIGNATED CAREGIVER'S CERTIFIED  PATIENT  WHERE
NOTHING  OF  VALUE IS TRANSFERRED IN RETURN, OR TO OFFER TO DO THE SAME.
THIS PROHIBITION ON TRANSFERRING OR OFFERING  TO  TRANSFER  A  THING  OF
VALUE SHALL NOT (A) APPLY TO SALE OF MEDICAL MARIHUANA TO OR BY A REGIS-
TERED  ORGANIZATION  UNDER  THIS  ARTICLE;  NOR (B) PREVENT A DESIGNATED
CAREGIVER FROM BEING  REIMBURSED  FOR  REASONABLE  COSTS  OR  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.
  S 3363. REGISTRY IDENTIFICATION CARDS AND HARDSHIP REGISTRATIONS.   1.
THE  DEPARTMENT  SHALL  ISSUE REGISTRY IDENTIFICATION CARDS AND HARDSHIP
REGISTRATIONS FOR CERTIFIED PATIENTS AND DESIGNATED CAREGIVERS. A REGIS-
TRY IDENTIFICATION  CARD  AND  HARDSHIP  REGISTRATION  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 AND HARDSHIP REGISTRATIONS NO LATER THAN
ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.   THE DEPARTMENT  MAY
SPECIFY A FORM FOR A REGISTRY OR HARDSHIP 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)  THE ORIGINAL PATIENT'S CERTIFICATION (A NEW WRITTEN CERTIFICATION
SHALL BE PROVIDED WITH A RENEWAL APPLICATION);

A. 7347--A                          5

  (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:
  (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 OF THE CERTIFIED PATIENT AND THE DESIGNATED CAREGIVER (IF
ONE IS DESIGNATED IN THE REGISTRY APPLICATION);
  (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

A. 7347--A                          6

  (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.  THE  DEPARTMENT  SHALL  ISSUE  HARDSHIP REGISTRATIONS TO CERTIFIED
PATIENTS AND THEIR  DESIGNATED  CAREGIVERS  IN  CIRCUMSTANCES  WHERE  IT
PRESENTS  A  SIGNIFICANT  HARDSHIP  FOR  THE CERTIFIED PATIENT TO OBTAIN
MARIHUANA FROM A REGISTERED ORGANIZATION, INCLUDING, BUT NOT LIMITED TO,
FINANCIAL HARDSHIP, PHYSICAL DISABILITY, OR INABILITY TO OBTAIN  REASON-
ABLE  TRANSPORTATION.  A HARDSHIP REGISTRATION SHALL ALLOW THE CERTIFIED
PATIENT OR DESIGNATED CAREGIVER TO MANUFACTURE MARIHUANA PURSUANT TO THE
LIMITATIONS SET FORTH IN SECTION THIRTY-THREE HUNDRED SIXTY-TWO OF  THIS
TITLE.  THE PROCEDURE FOR OBTAINING AND RENEWING A HARDSHIP REGISTRATION
SHALL BE THE SAME AS FOR A REGISTRY IDENTIFICATION CARD,  PROVIDED  THAT
THE  APPLICATION SHALL STATE FACTS ESTABLISHING THE SIGNIFICANT HARDSHIP
UNDER THIS SUBDIVISION.
  10. A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WHO HAS BEEN ISSUED  A
REGISTRY  IDENTIFICATION  OR HARDSHIP REGISTRATION 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, OR, IN THE CASE OF A HARDSHIP  REGISTRATION,
THEN  CEASES  TO  BE  A  SIGNIFICANT  HARDSHIP,  WITHIN TEN DAYS OF SUCH
CHANGE.
  11. IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER LOSES  HIS  OR  HER
REGISTRY  IDENTIFICATION  CARD OR HARDSHIP REGISTRATION, HE OR SHE SHALL
NOTIFY THE DEPARTMENT AND SUBMIT A TEN DOLLAR FEE  WITHIN  TEN  DAYS  OF
LOSING  THE  CARD OR HARDSHIP REGISTRATION TO MAINTAIN THE REGISTRATION.
THE DEPARTMENT MAY ESTABLISH HIGHER FEES  FOR  ISSUING  A  NEW  REGISTRY
IDENTIFICATION  OR  HARDSHIP REGISTRATION CARD FOR SECOND AND SUBSEQUENT
REPLACEMENTS FOR A LOST CARD OR HARDSHIP  REGISTRATION,  PROVIDED,  THAT
THE  DEPARTMENT  MAY WAIVE OR REDUCE THE FEE IN CASES OF FINANCIAL HARD-
SHIP.  WITHIN FIVE DAYS AFTER SUCH NOTIFICATION AND PAYMENT, THE DEPART-
MENT SHALL ISSUE A NEW REGISTRY IDENTIFICATION CARD OR  HARDSHIP  REGIS-
TRATION,  WHICH MAY CONTAIN A NEW REGISTRY IDENTIFICATION NUMBER, TO THE
CERTIFIED PATIENT OR DESIGNATED CAREGIVER, AS THE CASE MAY BE.
  12. THE DEPARTMENT SHALL MAINTAIN A CONFIDENTIAL LIST OF  THE  PERSONS
TO  WHOM IT HAS ISSUED REGISTRY IDENTIFICATION CARDS AND HARDSHIP REGIS-
TRATIONS.  INDIVIDUAL IDENTIFYING 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 SUBDIVI-
SION, THE DEPARTMENT MAY NOTIFY ANY APPROPRIATE LAW  ENFORCEMENT  AGENCY
OF  INFORMATION RELATING TO ANY VIOLATION OR SUSPECTED VIOLATION OF THIS
TITLE.
  13. THE DEPARTMENT SHALL VERIFY TO LAW  ENFORCEMENT  PERSONNEL  IN  AN
APPROPRIATE  CASE  WHETHER  A  REGISTRY  IDENTIFICATION CARD OR HARDSHIP
REGISTRATION IS VALID.
  14. 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.
  15. (A) REGISTRY IMPLEMENTATION DATE. AS USED IN THIS SUBDIVISION, THE
"REGISTRY IMPLEMENTATION DATE" IS THE DATE DETERMINED BY THE COMMISSION-

A. 7347--A                          7

ER  WHEN  THE  DEPARTMENT  IS  READY TO RECEIVE AND EXPEDITIOUSLY ACT ON
APPLICATIONS FOR REGISTRY IDENTIFICATION CARDS UNDER THIS SECTION.
  (B)  ON AND AFTER THE REGISTRY IMPLEMENTATION DATE, UPON RECEIPT OF AN
APPLICATION FOR A REGISTRY IDENTIFICATION  CARD,  THE  DEPARTMENT  SHALL
SEND  TO  THE  APPLICANT  A LETTER ACKNOWLEDGING SUCH RECEIPT. WHILE THE
APPLICATION FOR A REGISTRY IDENTIFICATION CARD IS PENDING, A COPY OF THE
REGISTRY APPLICATION, TOGETHER WITH A COPY OF THE  CERTIFICATION  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.
  16. IF THE DEPARTMENT FAILS TO BEGIN ISSUING  REGISTRY  IDENTIFICATION
CARDS  OR HARDSHIP REGISTRATIONS NO LATER THAN ONE YEAR AFTER THE EFFEC-
TIVE DATE OF THIS SECTION, A PATIENT'S CERTIFICATION SHALL SERVE AS  THE
REGISTRY  IDENTIFICATION  CARD  AND  HARDSHIP  REGISTRATION FOR BOTH THE
PATIENT AND THE PATIENT'S DESIGNATED CAREGIVER.
  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; OR
  (D)  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-

A. 7347--A                          8

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) OR (D) OF SUBDIVISION ONE  OF  SECTION  THIRTY-THREE
HUNDRED  SIXTY-FOUR  OF  THIS  TITLE,  OR ITS INTENTION TO QUALIFY UNDER
PARAGRAPH (C) OR (D) 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;

A. 7347--A                          9

  (V) IT IS IN THE PUBLIC INTEREST THAT SUCH REGISTRATION BE GRANTED; IN
THE  CASE  OF  AN  APPLICANT  UNDER  PARAGRAPH (C) OF SUBDIVISION ONE OF
SECTION THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE, THE  COMMISSIONER
MAY  CONSIDER  WHETHER THE NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA
WILL BE ADEQUATE OR EXCESSIVE TO REASONABLY SERVE THE AREA; 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  A  REASON-
ABLE AMOUNT DETERMINED BY THE DEPARTMENT IN REGULATIONS; PROVIDED HOWEV-
ER,  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.
  3. A REGISTRATION ISSUED UNDER THIS SECTION SHALL  BE  VALID  FOR  TWO
YEARS  FROM  THE  DATE  OF ISSUE, EXCEPT THAT IN ORDER TO FACILITATE THE
RENEWALS OF SUCH REGISTRATIONS, THE COMMISSIONER MAY  UPON  THE  INITIAL
APPLICATION  FOR  A  REGISTRATION,  ISSUE  SOME  REGISTRATIONS WHICH MAY
REMAIN VALID FOR A PERIOD OF TIME GREATER THAN TWO YEARS BUT NOT EXCEED-
ING AN ADDITIONAL ELEVEN MONTHS.
  4. APPLICATIONS FOR RENEWAL OF REGISTRATIONS. (A) AN  APPLICATION  FOR
THE RENEWAL OF ANY REGISTRATION ISSUED UNDER THIS SECTION SHALL BE FILED
WITH  THE  DEPARTMENT NOT MORE THAN SIX MONTHS NOR LESS THAN FOUR MONTHS
PRIOR TO THE  EXPIRATION  THEREOF.  A  LATE-FILED  APPLICATION  FOR  THE
RENEWAL OF A REGISTRATION MAY, IN THE DISCRETION OF THE COMMISSIONER, BE
TREATED AS AN APPLICATION FOR AN INITIAL LICENSE.
  (B)  THE  APPLICATION  FOR  RENEWAL  SHALL  INCLUDE  SUCH  INFORMATION
PREPARED IN THE MANNER AND  DETAIL  AS  THE  COMMISSIONER  MAY  REQUIRE,
INCLUDING BUT NOT LIMITED TO:
  (I)  ANY  MATERIAL  CHANGE  IN  THE CIRCUMSTANCES OR FACTORS LISTED IN
SUBDIVISION ONE OF THIS SECTION; AND
  (II) EVERY KNOWN CHARGE OR INVESTIGATION, PENDING OR CONCLUDED  DURING
THE  PERIOD OF THE REGISTRATION, BY ANY GOVERNMENTAL AGENCY WITH RESPECT
TO:
  (A) EACH INCIDENT OR ALLEGED INCIDENT INVOLVING THE  THEFT,  LOSS,  OR
POSSIBLE  DIVERSION  OF  MARIHUANA  MANUFACTURED  OR  DISTRIBUTED BY THE
APPLICANT; AND
  (B) COMPLIANCE BY THE APPLICANT  WITH  THE  LAWS  OF  THE  STATE  WITH
RESPECT  TO  ANY SUBSTANCE LISTED IN SECTION THIRTY-THREE HUNDRED SIX OF
THIS ARTICLE.
  (C) AN APPLICANT FOR RENEWAL SHALL  BE  UNDER  A  CONTINUING  DUTY  TO
REPORT  TO THE DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED
IN THE APPLICATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR  CIRCUM-
STANCE WHICH IS REQUIRED TO BE INCLUDED IN THE APPLICATION.

A. 7347--A                         10

  (D)  IF  THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT IS ENTI-
TLED TO A RENEWAL OF THE REGISTRATION, HE OR SHE SHALL WITHIN FORTY-FIVE
DAYS AFTER THE FILING OF THE APPLICATION SERVE UPON THE APPLICANT OR HIS
OR HER ATTORNEY OF RECORD IN PERSON OR BY REGISTERED OR  CERTIFIED  MAIL
AN  ORDER  DIRECTING THE APPLICANT TO SHOW CAUSE WHY HIS OR HER APPLICA-
TION FOR RENEWAL SHOULD NOT BE DENIED. THE ORDER SHALL SPECIFY IN DETAIL
THE RESPECTS IN WHICH THE APPLICANT HAS NOT SATISFIED  THE  COMMISSIONER
THAT THE REGISTRATION SHOULD BE RENEWED.
  (E)  WITHIN  THIRTY  DAYS  OF SERVICE OF SUCH ORDER, THE APPLICANT MAY
SUBMIT ADDITIONAL MATERIAL TO THE COMMISSIONER OR DEMAND  A  HEARING  OR
BOTH.  IF  A  HEARING  IS DEMANDED THE COMMISSIONER SHALL FIX A DATE FOR
HEARING NOT SOONER THAN FIFTEEN DAYS NOR LATER THAN  THIRTY  DAYS  AFTER
RECEIPT  OF  THE  DEMAND,  UNLESS  SUCH TIME LIMITATION IS WAIVED BY THE
APPLICANT.
  5. GRANTING OF RENEWAL OF REGISTRATIONS. (A)  THE  COMMISSIONER  SHALL
RENEW  A  REGISTRATION  UNLESS  HE  OR SHE DETERMINES AND FINDS THAT THE
APPLICANT:
  (I) IS UNLIKELY TO MAINTAIN OR BE ABLE TO MAINTAIN  EFFECTIVE  CONTROL
AGAINST DIVERSION; OR
  (II)  IS  UNLIKELY  TO  COMPLY  WITH  ALL STATE LAWS APPLICABLE TO THE
ACTIVITIES IN WHICH IT MAY ENGAGE UNDER THE REGISTRATION; OR
  (III) IS AN APPLICANT  UNDER  PARAGRAPH  (C)  OF  SUBDIVISION  ONE  OF
SECTION THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE, IN WHICH CASE THE
COMMISSIONER MAY CONSIDER WHETHER THE NUMBER OF REGISTERED ORGANIZATIONS
IN AN AREA IS ADEQUATE OR EXCESSIVE TO REASONABLY SERVE THE AREA.
  (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.
CONDUCT IN COMPLIANCE WITH THIS TITLE, BUT WHICH MAY VIOLATE CONFLICTING
FEDERAL  LAW,  SHALL  NOT BE GROUNDS TO SUSPEND OR TERMINATE A REGISTRA-
TION.
  7. A REGISTERED  ORGANIZATION  IS  ENTITLED  TO  ALL  OF  THE  RIGHTS,
PROTECTIONS, AND PROCEDURES PROVIDED TO A LICENSEE UNDER THIS ARTICLE.
  8.  THE  DEPARTMENT  SHALL  BEGIN ISSUING REGISTRATIONS FOR REGISTERED
ORGANIZATIONS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE  DATE  OF  THIS
SECTION.
  S  3366.  REPORTS  BY  REGISTERED  ORGANIZATIONS.  1. 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 FREQUENT-
LY THAN EVERY SIX 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).
  2. THE COMMISSIONER SHALL,  BY  REGULATION,  REQUIRE  EACH  REGISTERED
PRODUCER  TO  FILE  REPORTS OF ALL SALES, DELIVERIES OR DISTRIBUTIONS OF

A. 7347--A                         11

MEDICAL MARIHUANA BY THE REGISTERED PRODUCER DURING A PARTICULAR PERIOD,
ON FORMS PROVIDED BY THE DEPARTMENT. REPORTS SHALL BE NOT MORE FREQUENT-
LY THAN EVERY MONTH. EACH REPORT  SHALL  INCLUDE  FOR  EACH  SUCH  SALE,
DELIVERY  OR  DISTRIBUTION:  THE  DATE,  THE QUANTITY SOLD, DELIVERED OR
DISTRIBUTED; AND THE NAME AND ADDRESS OF THE REGISTERED ORGANIZATION  TO
WHICH THE SALE, DELIVERY OR DISTRIBUTION WAS MADE.
  S  3367.  EVALUATION;  RESEARCH PROGRAMS; REPORT BY DEPARTMENT. 1. THE
COMMISSIONER MAY PROVIDE FOR THE ANALYSIS AND EVALUATION OF  THE  OPERA-
TION  OF THIS TITLE. THE COMMISSIONER MAY ENTER INTO AGREEMENTS WITH ONE
OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS OR OTHER ORGANIZATIONS, FOR
THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTATION AND EFFECTIVENESS
OF THIS TITLE.
  2. THE DEPARTMENT MAY DEVELOP, SEEK  ANY  NECESSARY  FEDERAL  APPROVAL
FOR, AND CARRY OUT RESEARCH PROGRAMS RELATING TO MEDICAL USE OF MARIHUA-
NA.    PARTICIPATION  IN ANY SUCH RESEARCH PROGRAM SHALL BE VOLUNTARY ON
THE PART OF PRACTITIONERS, PATIENTS, AND DESIGNATED CAREGIVERS.
  3. THE DEPARTMENT SHALL REPORT EVERY TWO YEARS,  BEGINNING  TWO  YEARS
AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA-
TURE ON THE MEDICAL USE OF MARIHUANA UNDER THIS TITLE AND MAKE APPROPRI-
ATE RECOMMENDATIONS.
  S 3368. REGISTERED ORGANIZATION ASSESSMENTS. 1. EACH REGISTERED ORGAN-
IZATION  SHALL  BE  CHARGED  AN  ASSESSMENT  IN  THE AMOUNT OF SEVEN AND
ONE-TENTH PERCENT OF ITS GROSS RECEIPTS RECEIVED FROM ALL MEDICAL  MARI-
HUANA  SOLD,  DELIVERED  OR  DISTRIBUTED, LESS REFUNDS, ON A CASH BASIS.
THE ASSESSMENT SHALL BE SUBMITTED BY OR  ON  BEHALF  OF  THE  REGISTERED
ORGANIZATION TO THE COMMISSIONER OR HIS OR HER DESIGNEE ON A SCHEDULE TO
BE DETERMINED BY THE COMMISSIONER.
  2.  THE  GROSS  RECEIPTS  TAX  OWED BY A REGISTERED ORGANIZATION UNDER
SECTION TWENTY-EIGHT HUNDRED SEVEN-D OF THIS  CHAPTER,  ATTRIBUTABLE  TO
THE  SALE,  DELIVERY  OR  DISTRIBUTION  OF  MEDICAL MARIHUANA UNDER THIS
TITLE, SHALL BE DEDUCTIBLE BY THE REGISTERED ORGANIZATION FROM ANY GROSS
RECEIPTS ASSESSMENT OWED BY IT UNDER THIS TITLE.
  3. THE REGISTERED ORGANIZATION SHALL MAINTAIN THE DOCUMENTATION NECES-
SARY TO ESTABLISH WHAT AMOUNT IS OWED PURSUANT TO THIS SECTION AND  SUCH
RECORDS  SHALL  BE  SUBJECT  TO  AUDIT BY THE COMMISSIONER OR HIS OR HER
DESIGNEE.
  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  THIS  CHAPTER  OR  THE  INSURANCE  LAW  TO
PROVIDE  COVERAGE  FOR MEDICAL MARIHUANA. NOTHING IN THIS TITLE SHALL BE
CONSTRUED TO REQUIRE COVERAGE FOR MEDICAL MARIHUANA UNDER ARTICLE  TWEN-
TY-FIVE OF THIS CHAPTER OR ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
  3.  A  PERSON  OR  ENTITY  SHALL  NOT  BE SUBJECT TO CRIMINAL OR CIVIL
LIABILITY OR PROFESSIONAL DISCIPLINE FOR ACTING REASONABLY AND  IN  GOOD
FAITH PURSUANT TO THIS TITLE.
  S  3369-A. PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA. 1.  CERTIFIED
PATIENTS, DESIGNATED CAREGIVERS, PRACTITIONERS, REGISTERED ORGANIZATIONS
AND THE EMPLOYEES OF REGISTERED ORGANIZATIONS SHALL NOT  BE  SUBJECT  TO
ARREST,  PROSECUTION,  OR  PENALTY IN ANY MANNER, OR DENIED ANY RIGHT OR
PRIVILEGE, INCLUDING BUT NOT LIMITED TO CIVIL  PENALTY  OR  DISCIPLINARY
ACTION  BY A BUSINESS OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD OR
BUREAU, SOLELY FOR THE CERTIFIED MEDICAL USE OR MANUFACTURE OF  MARIHUA-
NA,  OR  FOR  ANY OTHER ACTION OR CONDUCT IN ACCORDANCE WITH THIS TITLE.

A. 7347--A                         12

STATE OR LOCAL LAW ENFORCEMENT AGENCIES  SHALL  NOT  COOPERATE  WITH  OR
PROVIDE  ASSISTANCE TO THE GOVERNMENT OF THE UNITED STATES OR ANY AGENCY
THEREOF IN ENFORCING THE CONTROLLED SUBSTANCES ACT, 21 U.S.C. S 801  ET.
SEQ.,  SOLELY FOR ACTIONS AND CONDUCT CONSISTENT WITH THIS TITLE, EXCEPT
AS PURSUANT TO A VALID COURT ORDER.
  2. AFFIRMATIVE DEFENSE. A PATIENT AND A PATIENT'S CAREGIVER  WHO  HAVE
FAILED  TO  OBTAIN A REGISTRY IDENTIFICATION CARD MAY ASSERT AN AFFIRMA-
TIVE DEFENSE TO ANY PROSECUTION UNDER STATE LAW FOR ACTIONS AND  CONDUCT
THAT IS OTHERWISE CONSISTENT WITH THE CERTIFIED MEDICAL USE OF MARIHUANA
AS DEFINED UNDER THIS TITLE.
  3.  INCIDENTAL  AMOUNT  OF  MARIHUANA. ANY INCIDENTAL AMOUNT OF SEEDS,
STALKS, AND UNUSABLE ROOTS SHALL NOT BE INCLUDED IN THE  AMOUNTS  SPECI-
FIED  IN SUBDIVISIONS ONE AND TWO OF SECTION THIRTY-THREE HUNDRED SIXTY-
TWO OF THIS TITLE.
  4. SCHOOL, EMPLOYER, OR  LANDLORD  MAY  NOT  DISCRIMINATE.  A  SCHOOL,
EMPLOYER,  OR LANDLORD MAY NOT REFUSE TO ENROLL OR EMPLOY OR LEASE TO OR
OTHERWISE PENALIZE A PERSON SOLELY FOR THAT PERSON'S STATUS AS A  CERTI-
FIED  PATIENT  OR DESIGNATED CAREGIVER UNLESS FAILING TO DO SO WOULD PUT
THE SCHOOL, EMPLOYER, OR LANDLORD IN VIOLATION OF FEDERAL LAW  OR  CAUSE
IT TO LOSE A FEDERAL CONTRACT OR FUNDING.
  5.  PERSON MAY NOT BE DENIED MEDICAL CARE, INCLUDING ORGAN TRANSPLANT.
FOR THE PURPOSES OF MEDICAL CARE, INCLUDING ORGAN TRANSPLANTS, A  CERTI-
FIED  PATIENT'S MEDICAL USE OF MARIHUANA SHALL NOT CONSTITUTE THE USE OF
AN ILLICIT SUBSTANCE AND MAY ONLY BE CONSIDERED WITH RESPECT TO EVIDENCE
BASED CLINICAL CRITERIA.
  6. PERSON MAY NOT BE DENIED CUSTODY OR VISITATION OF MINOR.  A  PERSON
SHALL  NOT  BE  DENIED  CUSTODY  OR  VISITATION OF A MINOR FOR ACTING IN
ACCORDANCE WITH THIS TITLE UNLESS THE PERSON'S BEHAVIOR IS SUCH THAT  IT
CREATES  AN  UNREASONABLE DANGER TO THE MINOR THAT CAN BE CLEARLY ARTIC-
ULATED AND SUBSTANTIATED.
  7. EFFECT OF REGISTRY IDENTIFICATION CARD ISSUED BY ANOTHER  JURISDIC-
TION.  A REGISTRY IDENTIFICATION CARD, OR ITS EQUIVALENT, THAT IS ISSUED
UNDER THE LAWS OF ANOTHER STATE, DISTRICT, TERRITORY,  COMMONWEALTH,  OR
POSSESSION OF THE UNITED STATES THAT ALLOWS THE MEDICAL USE OF MARIHUANA
BY  A  VISITING  CERTIFIED  PATIENT FROM NEW YORK HAS THE SAME FORCE AND
EFFECT AS A REGISTRY IDENTIFICATION CARD ISSUED BY  THE  DEPARTMENT,  SO
LONG  AS  THE VISITING PATIENT'S SERIOUS CONDITION WOULD QUALIFY FOR THE
CERTIFIED MEDICAL USE OF MARIHUANA UNDER THIS TITLE.
  S 3369-B. SEVERABILITY. IF ANY PROVISION OF THIS TITLE OR THE APPLICA-
TION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID,  SUCH  INVA-
LIDITY  SHALL  NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS TITLE
WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR  APPLICATION,
AND TO THIS END THE PROVISIONS OF THIS TITLE ARE SEVERABLE.
  S  3.  Section  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 immediately.

Co-Sponsors

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A7347B (ACTIVE) - Bill Details

See Senate Version of this Bill:
S7283
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add Art 33 Title 5-A §§3360 - 3369, Pub Health L; amd §853, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2009-2010: A11565, S7283, S8427
2011-2012: A7347B, S2774

A7347B (ACTIVE) - Bill Texts

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Legalizes the possession, acquisition, use, delivery, transfer, transport or administration of marihuana by a certified patient or designated caregiver for a certified medical use; prescribes procedures for such possession, acquisition, etc. including certification of patients by their practitioner, and that, in the practitioner's professional judgment, the serious condition should be treated with the medical use of marihuana; provides that possession or acquisition of marihuana shall be lawful under these provisions provided that the marihuana possessed does not exceed a total aggregate weight of two and a half ounces; directs the department of health to monitor such use and promulgate rules and regulations for registry identification cards; provides for reports by the department of health to the governor and legislature on the medical use of marihuana.

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

                                 7347--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 2, 2011
                               ___________

Introduced  by M. of A. GOTTFRIED, ARROYO, CAHILL, CALHOUN, CLARK, COOK,
  CYMBROWITZ, DenDEKKER, DINOWITZ,  JAFFEE,  KAVANAGH,  LAVINE,  LIFTON,
  O'DONNELL,  PAULIN,  PEOPLES-STOKES, ROSENTHAL, BOYLAND, WEPRIN, BRON-
  SON, CRESPO, LUPARDO, TITONE, SKARTADOS,  CASTRO,  LINARES  --  Multi-
  Sponsored  by  --  M.    of  A.  ABINANTI, AUBRY, BRAUNSTEIN, BRENNAN,
  BROOK-KRASNY, BURLING, FARRELL, GALEF, GLICK, HIKIND, JACOBS, KELLNER,
  V. LOPEZ, MAGEE, MAISEL, MARKEY, McENENY, J. MILLER, MILLMAN, PRETLOW,
  N. RIVERA, ROBINSON, RODRIGUEZ, SCARBOROUGH, SCHIMEL, SWEENEY, WEISEN-
  BERG, WRIGHT -- read once and referred to the Committee on  Health  --
  recommitted  to  the  Committee  on Health in accordance with Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred  to  the  Committee  on  Codes  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02415-10-2

A. 7347--B                          2

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.
  S  2.  Article  33 of the public health law is amended by adding a new
title 5-A to read as follows:
                                TITLE V-A
                        MEDICAL USE OF MARIHUANA
SECTION 3360. DEFINITIONS.
        3361.   CERTIFICATION OF PATIENTS.
        3362.   LAWFUL MEDICAL USE.
        3363.   REGISTRY IDENTIFICATION CARDS.
        3364.   REGISTERED ORGANIZATIONS.
        3365.   REGISTERING OF REGISTERED ORGANIZATIONS.
        3366.   REPORTS BY REGISTERED ORGANIZATIONS.
        3367.   EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
        3368.   REGISTERED ORGANIZATION ASSESSMENTS.
        3369.   RELATION TO OTHER LAWS.
        3369-A. PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA.
        3369-B. SEVERABILITY.
  S 3360. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS  SHALL
HAVE  THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
WISE:
  1. "CERTIFIED MEDICAL USE" MEANS  THE  ACQUISITION,  POSSESSION,  USE,
DELIVERY,  TRANSFER,  TRANSPORTATION, OR ADMINISTRATION OF MEDICAL MARI-
HUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR USE AS PART  OF
THE  TREATMENT OF THE PATIENT'S SERIOUS CONDITION SPECIFIED IN A CERTIF-
ICATION UNDER SECTION THIRTY-THREE  HUNDRED  SIXTY-ONE  OF  THIS  TITLE,
INCLUDING  ENABLING  THE  PATIENT  TO TOLERATE TREATMENT FOR THE SERIOUS
CONDITION.
  2. "CARING FOR" MEANS TREATING OR COUNSELING A PATIENT, IN THE  COURSE
OF  WHICH  THE  PRACTITIONER  HAS  COMPLETED  A  FULL  ASSESSMENT OF THE
PATIENT'S MEDICAL HISTORY AND CURRENT MEDICAL CONDITION.
  3. "CERTIFIED PATIENT" MEANS A PATIENT WHO IS CERTIFIED UNDER  SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
  4.   "CERTIFICATION"   MEANS   A  CERTIFICATION,  MADE  UNDER  SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
  5. "DESIGNATED CAREGIVER" MEANS THE INDIVIDUAL DESIGNATED BY A  CERTI-
FIED PATIENT IN A REGISTRY APPLICATION.
  6. "PUBLIC PLACE" MEANS A PUBLIC PLACE AS DEFINED IN SECTION 240.00 OF
THE  PENAL  LAW, A MOTOR VEHICLE AS DEFINED IN SECTION ONE HUNDRED TWEN-
TY-FIVE OF THE VEHICLE AND  TRAFFIC  LAW,  AN  AIRCRAFT  AS  DEFINED  IN
SECTION  TWO  HUNDRED  FORTY  OF THE GENERAL BUSINESS LAW OR A VESSEL AS
DEFINED IN SECTION TWO OF THE NAVIGATION LAW.
  7. "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).
  8. "MEDICAL MARIHUANA" MEANS MARIHUANA AS DEFINED IN SUBDIVISION TWEN-
TY-ONE OF SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE INTENDED  FOR
A CERTIFIED MEDICAL USE.

A. 7347--B                          3

  9.  "REGISTERED  ORGANIZATION"  MEANS  A REGISTERED ORGANIZATION UNDER
SECTIONS  THIRTY-THREE  HUNDRED  SIXTY-FOUR  AND  THIRTY-THREE   HUNDRED
SIXTY-FIVE OF THIS TITLE.
  10. "REGISTRY APPLICATION" MEANS AN APPLICATION PROPERLY COMPLETED AND
FILED   WITH  THE  DEPARTMENT  BY  A  CERTIFIED  PATIENT  UNDER  SECTION
THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
  11. "REGISTRY IDENTIFICATION CARD" MEANS A DOCUMENT THAT IDENTIFIES  A
CERTIFIED  PATIENT  OR  DESIGNATED  CAREGIVER, AS PROVIDED UNDER SECTION
THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
  12. "PRACTITIONER" MEANS A PRACTITIONER WHO IS A PHYSICIAN,  PHYSICIAN
ASSISTANT,  OR  NURSE  PRACTITIONER,  ACTING  WITHIN  THE PRACTITIONER'S
LAWFUL SCOPE OF PRACTICE.
  S 3361. CERTIFICATION OF PATIENTS. 1. A PATIENT CERTIFICATION MAY ONLY
BE ISSUED IF A PRACTITIONER WHO IS CARING FOR THE PATIENT FOR A  SERIOUS
CONDITION CERTIFIES THAT: (A) THE PATIENT HAS A SERIOUS CONDITION, WHICH
SHALL  BE SPECIFIED IN THE PATIENT'S HEALTH CARE RECORD; (B) THE PATIENT
IS UNDER THE PRACTITIONER'S CARE FOR THE SERIOUS CONDITION; AND  (C)  IN
THE  PRACTITIONER'S  PROFESSIONAL  OPINION,  THE  PATIENT  IS  LIKELY TO
RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE PRIMARY OR ADJUNCTIVE
TREATMENT WITH MEDICAL USE OF MARIHUANA FOR THE SERIOUS CONDITION.
  2. THE CERTIFICATION SHALL BE IN WRITING AND  INCLUDE  (A)  THE  NAME,
DATE  OF  BIRTH  AND  ADDRESS  OF  THE PATIENT; (B) A STATEMENT THAT THE
PATIENT HAS A SERIOUS CONDITION; THE PATIENT IS UNDER THE PRACTITIONER'S
CARE FOR THE SERIOUS CONDITION AND, IN THE  PRACTITIONER'S  PROFESSIONAL
OPINION,  THE  PATIENT  IS  LIKELY  TO RECEIVE THERAPEUTIC OR PALLIATIVE
BENEFIT FROM THE PRIMARY OR ADJUNCTIVE TREATMENT  WITH  MEDICAL  USE  OF
MARIHUANA  FOR  THE  SERIOUS  CONDITION; (C) THE DATE; AND (D) THE NAME,
ADDRESS, FEDERAL REGISTRATION NUMBER, TELEPHONE NUMBER,  AND  THE  HAND-
WRITTEN  SIGNATURE OF THE CERTIFYING PRACTITIONER.  THE COMMISSIONER MAY
REQUIRE BY REGULATION THAT THE CERTIFICATION SHALL BE ON A FORM PROVIDED
BY THE DEPARTMENT IF THE COMMISSIONER DETERMINES THAT THE DEPARTMENT  IS
MAKING CERTIFICATION FORMS ADEQUATELY AVAILABLE.
  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.  LAWFUL  MEDICAL  USE.  1.  THE POSSESSION, ACQUISITION, USE,
DELIVERY, TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF  MEDICAL  MARI-
HUANA  BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER POSSESSING A VALID
REGISTRY IDENTIFICATION CARD, FOR CERTIFIED MEDICAL USE, SHALL BE LAWFUL
UNDER THIS TITLE; PROVIDED THAT:
  (A) THE MARIHUANA THAT MAY BE POSSESSED BY A  CERTIFIED  PATIENT  DOES
NOT  EXCEED A TOTAL AGGREGATE WEIGHT OF TWO AND ONE-HALF OUNCES OF MARI-
HUANA; AND
  (B) THE MARIHUANA THAT MAY BE POSSESSED BY A DESIGNATED CAREGIVER DOES
NOT EXCEED THE QUANTITIES REFERRED TO IN PARAGRAPH (A) OF THIS  SUBDIVI-

A. 7347--B                          4

SION FOR EACH CERTIFIED PATIENT FOR WHOM THE CAREGIVER POSSESSES A VALID
REGISTRY IDENTIFICATION CARD, UP TO FIVE CERTIFIED PATIENTS.
  2.  NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION: (A) POSSESSION OF
MARIHUANA SHALL NOT BE LAWFUL UNDER THIS TITLE IF IT IS CONSUMED,  GROWN
OR  DISPLAYED IN A PUBLIC PLACE; (B) MEDICAL MARIHUANA MAY NOT BE SMOKED
IN ANY PLACE WHERE TOBACCO MAY NOT BE SMOKED UNDER ARTICLE THIRTEEN-E OF
THIS CHAPTER; (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, OBTAINED UNDER THIS TITLE, FOR  CERTIFIED  MEDICAL  USE,  BETWEEN
CERTIFIED  PATIENTS  AND  OTHER CERTIFIED PATIENTS, AND BETWEEN A DESIG-
NATED CAREGIVER AND THE DESIGNATED CAREGIVER'S CERTIFIED  PATIENT  WHERE
NOTHING  OF  VALUE IS TRANSFERRED IN RETURN, OR TO OFFER TO DO THE SAME.
THIS PROHIBITION ON TRANSFERRING OR OFFERING  TO  TRANSFER  A  THING  OF
VALUE SHALL NOT (A) APPLY TO SALE OF MEDICAL MARIHUANA TO OR BY A REGIS-
TERED  ORGANIZATION  UNDER  THIS  ARTICLE;  NOR (B) PREVENT A DESIGNATED
CAREGIVER FROM BEING  REIMBURSED  FOR  REASONABLE  COSTS  OR  ACTIVITIES
RELATING  TO  CARING FOR A CERTIFIED PATIENT, INCLUDING, BUT NOT LIMITED
TO, REIMBURSEMENT FOR LEGITIMATE EXPENSES RELATING TO  THE  PURCHASE  OF
MEDICAL   MARIHUANA   FROM   A  REGISTERED  ORGANIZATION  UNDER  SECTION
THIRTY-THREE HUNDRED SIXTY-SIX OF THIS TITLE.
  S 3363. REGISTRY IDENTIFICATION CARDS.  1. THE DEPARTMENT SHALL  ISSUE
REGISTRY  IDENTIFICATION  CARDS  FOR  CERTIFIED  PATIENTS AND DESIGNATED
CAREGIVERS. A REGISTRY IDENTIFICATION CARD SHALL EXPIRE AS  PROVIDED  IN
SECTION  THIRTY-THREE  HUNDRED  SIXTY-ONE  OF THIS TITLE OR AS OTHERWISE
PROVIDED IN THIS SECTION. THE DEPARTMENT SHALL  BEGIN  ISSUING  REGISTRY
IDENTIFICATION  CARDS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF
THIS SECTION.  THE DEPARTMENT MAY SPECIFY A FORM FOR A REGISTRY APPLICA-
TION, IN WHICH CASE THE DEPARTMENT SHALL PROVIDE THE  FORM  ON  REQUEST,
REPRODUCTIONS  OF  THE FORM MAY BE USED, AND THE FORM SHALL BE AVAILABLE
FOR DOWNLOADING FROM THE DEPARTMENT'S WEBSITE.
  2. TO OBTAIN 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) THE ORIGINAL 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

A. 7347--B                          5

  (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 OF THE CERTIFIED PATIENT AND THE DESIGNATED CAREGIVER (IF
ONE IS DESIGNATED IN THE REGISTRY APPLICATION);
  (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.  THE DEPARTMENT MAY ESTABLISH HIGHER FEES FOR  ISSUING
A  NEW  REGISTRY  IDENTIFICATION CARD FOR SECOND AND SUBSEQUENT REPLACE-

A. 7347--B                          6

MENTS FOR A LOST CARD, PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE
THE FEE IN CASES OF FINANCIAL HARDSHIP.   WITHIN FIVE  DAYS  AFTER  SUCH
NOTIFICATION  AND  PAYMENT,  THE  DEPARTMENT  SHALL ISSUE A NEW REGISTRY
IDENTIFICATION  CARD,  WHICH  MAY  CONTAIN A NEW REGISTRY IDENTIFICATION
NUMBER, TO THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER,  AS  THE  CASE
MAY BE.
  11.  THE  DEPARTMENT SHALL MAINTAIN A CONFIDENTIAL LIST OF THE PERSONS
TO WHOM IT HAS ISSUED REGISTRY IDENTIFICATION CARDS.  INDIVIDUAL IDENTI-
FYING INFORMATION OBTAINED BY THE DEPARTMENT UNDER THIS TITLE  SHALL  BE
CONFIDENTIAL  AND EXEMPT FROM DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC
OFFICERS LAW. NOTWITHSTANDING THIS SUBDIVISION, THE DEPARTMENT MAY NOTI-
FY ANY APPROPRIATE LAW ENFORCEMENT AGENCY OF INFORMATION RELATING TO ANY
VIOLATION OR SUSPECTED VIOLATION OF THIS TITLE.
  12. THE DEPARTMENT SHALL VERIFY TO LAW  ENFORCEMENT  PERSONNEL  IN  AN
APPROPRIATE CASE WHETHER A REGISTRY IDENTIFICATION CARD IS VALID.
  13.  IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WILLFULLY VIOLATES
ANY PROVISION OF THIS TITLE AS DETERMINED BY THE DEPARTMENT, HIS OR  HER
REGISTRY  IDENTIFICATION CARD MAY BE REVOKED. THIS IS IN ADDITION TO ANY
OTHER PENALTY THAT MAY APPLY.
  14. (A) REGISTRY IMPLEMENTATION DATE. AS USED IN THIS SUBDIVISION, THE
"REGISTRY IMPLEMENTATION DATE" IS THE DATE DETERMINED BY THE COMMISSION-
ER WHEN THE DEPARTMENT IS READY TO  RECEIVE  AND  EXPEDITIOUSLY  ACT  ON
APPLICATIONS FOR REGISTRY IDENTIFICATION CARDS UNDER THIS SECTION.
  (B)  ON AND AFTER THE REGISTRY IMPLEMENTATION DATE, UPON RECEIPT OF AN
APPLICATION FOR A REGISTRY IDENTIFICATION  CARD,  THE  DEPARTMENT  SHALL
SEND  TO  THE  APPLICANT  A LETTER ACKNOWLEDGING SUCH RECEIPT. WHILE THE
APPLICATION FOR A REGISTRY IDENTIFICATION CARD IS PENDING, A COPY OF THE
REGISTRY APPLICATION, TOGETHER WITH A COPY OF THE  CERTIFICATION  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.
  15. IF THE DEPARTMENT FAILS TO BEGIN ISSUING  REGISTRY  IDENTIFICATION
CARDS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, A
PATIENT'S  CERTIFICATION SHALL SERVE AS THE REGISTRY IDENTIFICATION CARD
FOR BOTH THE PATIENT AND THE PATIENT'S DESIGNATED CAREGIVER.
  S 3364. REGISTERED ORGANIZATIONS. 1. A REGISTERED  ORGANIZATION  SHALL
BE:
  (A) A 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; OR
  (D)  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

A. 7347--B                          7

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) OR (D) OF SUBDIVISION ONE OF SECTION THIRTY-THREE
HUNDRED SIXTY-FOUR OF THIS TITLE, OR  ITS  INTENTION  TO  QUALIFY  UNDER
PARAGRAPH  (C) OR (D) 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-

A. 7347--B                          8

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; IN
THE  CASE  OF  AN  APPLICANT  UNDER  PARAGRAPH (C) OF SUBDIVISION ONE OF
SECTION THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE, THE  COMMISSIONER
MAY  CONSIDER  WHETHER THE NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA
WILL BE ADEQUATE OR EXCESSIVE TO REASONABLY SERVE THE AREA; 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 A REASON-
ABLE AMOUNT DETERMINED BY THE DEPARTMENT IN REGULATIONS; PROVIDED HOWEV-
ER, 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.
  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

A. 7347--B                          9

PRIOR  TO  THE  EXPIRATION  THEREOF.  A  LATE-FILED  APPLICATION FOR THE
RENEWAL OF A REGISTRATION MAY, IN THE DISCRETION OF THE COMMISSIONER, BE
TREATED AS AN APPLICATION FOR AN INITIAL LICENSE.
  (B)  THE  APPLICATION  FOR  RENEWAL  SHALL  INCLUDE  SUCH  INFORMATION
PREPARED IN THE MANNER AND  DETAIL  AS  THE  COMMISSIONER  MAY  REQUIRE,
INCLUDING BUT NOT LIMITED TO:
  (I)  ANY  MATERIAL  CHANGE  IN  THE CIRCUMSTANCES OR FACTORS LISTED IN
SUBDIVISION ONE OF THIS SECTION; AND
  (II) EVERY KNOWN CHARGE OR INVESTIGATION, PENDING OR CONCLUDED  DURING
THE  PERIOD OF THE REGISTRATION, BY ANY GOVERNMENTAL AGENCY WITH RESPECT
TO:
  (A) EACH INCIDENT OR ALLEGED INCIDENT INVOLVING THE  THEFT,  LOSS,  OR
POSSIBLE  DIVERSION  OF  MARIHUANA  MANUFACTURED  OR  DISTRIBUTED BY THE
APPLICANT; AND
  (B) COMPLIANCE BY THE APPLICANT  WITH  THE  LAWS  OF  THE  STATE  WITH
RESPECT  TO  ANY SUBSTANCE LISTED IN SECTION THIRTY-THREE HUNDRED SIX OF
THIS ARTICLE.
  (C) AN APPLICANT FOR RENEWAL SHALL  BE  UNDER  A  CONTINUING  DUTY  TO
REPORT  TO THE DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED
IN THE APPLICATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR  CIRCUM-
STANCE WHICH IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
  (D)  IF  THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT IS ENTI-
TLED TO A RENEWAL OF THE REGISTRATION, HE OR SHE SHALL WITHIN FORTY-FIVE
DAYS AFTER THE FILING OF THE APPLICATION SERVE UPON THE APPLICANT OR HIS
OR HER ATTORNEY OF RECORD IN PERSON OR BY REGISTERED OR  CERTIFIED  MAIL
AN  ORDER  DIRECTING THE APPLICANT TO SHOW CAUSE WHY HIS OR HER APPLICA-
TION FOR RENEWAL SHOULD NOT BE DENIED. THE ORDER SHALL SPECIFY IN DETAIL
THE RESPECTS IN WHICH THE APPLICANT HAS NOT SATISFIED  THE  COMMISSIONER
THAT THE REGISTRATION SHOULD BE RENEWED.
  (E)  WITHIN  THIRTY  DAYS  OF SERVICE OF SUCH ORDER, THE APPLICANT MAY
SUBMIT ADDITIONAL MATERIAL TO THE COMMISSIONER OR DEMAND  A  HEARING  OR
BOTH.  IF  A  HEARING  IS DEMANDED THE COMMISSIONER SHALL FIX A DATE FOR
HEARING NOT SOONER THAN FIFTEEN DAYS NOR LATER THAN  THIRTY  DAYS  AFTER
RECEIPT  OF  THE  DEMAND,  UNLESS  SUCH TIME LIMITATION IS WAIVED BY THE
APPLICANT.
  5. GRANTING OF RENEWAL OF REGISTRATIONS. (A)  THE  COMMISSIONER  SHALL
RENEW  A  REGISTRATION  UNLESS  HE  OR SHE DETERMINES AND FINDS THAT THE
APPLICANT:
  (I) IS UNLIKELY TO MAINTAIN OR BE ABLE TO MAINTAIN  EFFECTIVE  CONTROL
AGAINST DIVERSION; OR
  (II)  IS  UNLIKELY  TO  COMPLY  WITH  ALL STATE LAWS APPLICABLE TO THE
ACTIVITIES IN WHICH IT MAY ENGAGE UNDER THE REGISTRATION; OR
  (III) IS AN APPLICANT  UNDER  PARAGRAPH  (C)  OF  SUBDIVISION  ONE  OF
SECTION THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE, IN WHICH CASE THE
COMMISSIONER MAY CONSIDER WHETHER THE NUMBER OF REGISTERED ORGANIZATIONS
IN AN AREA IS ADEQUATE OR EXCESSIVE TO REASONABLY SERVE THE AREA.
  (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

A. 7347--B                         10

ARTICLE RELATING TO A LICENSE, TO THE EXTENT CONSISTENT WITH THIS TITLE.
CONDUCT IN COMPLIANCE WITH THIS TITLE, BUT WHICH MAY VIOLATE CONFLICTING
FEDERAL  LAW,  SHALL  NOT BE GROUNDS TO SUSPEND OR TERMINATE A REGISTRA-
TION.
  7.  A  REGISTERED  ORGANIZATION  IS  ENTITLED  TO  ALL  OF THE RIGHTS,
PROTECTIONS, AND PROCEDURES PROVIDED TO A LICENSEE UNDER THIS ARTICLE.
  8. THE DEPARTMENT SHALL BEGIN  ISSUING  REGISTRATIONS  FOR  REGISTERED
ORGANIZATIONS  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
SECTION.
  S 3366. REPORTS  BY  REGISTERED  ORGANIZATIONS.  1.  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 FREQUENT-
LY THAN EVERY SIX 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).
  2.  THE  COMMISSIONER  SHALL,  BY  REGULATION, REQUIRE EACH REGISTERED
PRODUCER TO FILE REPORTS OF ALL SALES, DELIVERIES  OR  DISTRIBUTIONS  OF
MEDICAL MARIHUANA BY THE REGISTERED PRODUCER DURING A PARTICULAR PERIOD,
ON FORMS PROVIDED BY THE DEPARTMENT. REPORTS SHALL BE NOT MORE FREQUENT-
LY  THAN  EVERY  MONTH.  EACH  REPORT  SHALL INCLUDE FOR EACH SUCH SALE,
DELIVERY OR DISTRIBUTION: THE DATE,  THE  QUANTITY  SOLD,  DELIVERED  OR
DISTRIBUTED;  AND THE NAME AND ADDRESS OF THE REGISTERED ORGANIZATION TO
WHICH THE SALE, DELIVERY OR DISTRIBUTION WAS MADE.
  S 3367. EVALUATION; RESEARCH PROGRAMS; REPORT BY  DEPARTMENT.  1.  THE
COMMISSIONER  MAY  PROVIDE FOR THE ANALYSIS AND EVALUATION OF THE OPERA-
TION OF THIS TITLE. THE COMMISSIONER MAY ENTER INTO AGREEMENTS WITH  ONE
OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS OR OTHER ORGANIZATIONS, FOR
THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTATION AND EFFECTIVENESS
OF THIS TITLE.
  2.  THE  DEPARTMENT  MAY  DEVELOP, SEEK ANY NECESSARY FEDERAL APPROVAL
FOR, AND CARRY OUT RESEARCH PROGRAMS RELATING TO MEDICAL USE OF MARIHUA-
NA.  PARTICIPATION IN ANY SUCH RESEARCH PROGRAM SHALL  BE  VOLUNTARY  ON
THE PART OF PRACTITIONERS, PATIENTS, AND DESIGNATED CAREGIVERS.
  3.  THE  DEPARTMENT  SHALL REPORT EVERY TWO YEARS, BEGINNING TWO YEARS
AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA-
TURE ON THE MEDICAL USE OF MARIHUANA UNDER THIS TITLE AND MAKE APPROPRI-
ATE RECOMMENDATIONS.
  S 3368. REGISTERED ORGANIZATION ASSESSMENTS. 1. EACH REGISTERED ORGAN-
IZATION SHALL BE CHARGED AN  ASSESSMENT  IN  THE  AMOUNT  OF  SEVEN  AND
ONE-TENTH  PERCENT OF ITS GROSS RECEIPTS RECEIVED FROM ALL MEDICAL MARI-
HUANA SOLD, DELIVERED OR DISTRIBUTED, LESS REFUNDS,  ON  A  CASH  BASIS.
THE  ASSESSMENT  SHALL  BE  SUBMITTED  BY OR ON BEHALF OF THE REGISTERED
ORGANIZATION TO THE COMMISSIONER OR HIS OR HER DESIGNEE ON A SCHEDULE TO
BE DETERMINED BY THE COMMISSIONER.
  2. THE GROSS RECEIPTS TAX OWED  BY  A  REGISTERED  ORGANIZATION  UNDER
SECTION  TWENTY-EIGHT  HUNDRED  SEVEN-D OF THIS CHAPTER, ATTRIBUTABLE TO
THE SALE, DELIVERY OR  DISTRIBUTION  OF  MEDICAL  MARIHUANA  UNDER  THIS
TITLE, SHALL BE DEDUCTIBLE BY THE REGISTERED ORGANIZATION FROM ANY GROSS
RECEIPTS ASSESSMENT OWED BY IT UNDER THIS TITLE.
  3. THE REGISTERED ORGANIZATION SHALL MAINTAIN THE DOCUMENTATION NECES-
SARY  TO ESTABLISH WHAT AMOUNT IS OWED PURSUANT TO THIS SECTION AND SUCH

A. 7347--B                         11

RECORDS SHALL BE SUBJECT TO AUDIT BY THE  COMMISSIONER  OR  HIS  OR  HER
DESIGNEE.
  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  THIS  CHAPTER  OR THE INSURANCE LAW TO
PROVIDE COVERAGE FOR MEDICAL MARIHUANA. NOTHING IN THIS TITLE  SHALL  BE
CONSTRUED  TO REQUIRE COVERAGE FOR MEDICAL MARIHUANA UNDER ARTICLE TWEN-
TY-FIVE OF THIS CHAPTER OR ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
  3. A PERSON OR ENTITY SHALL  NOT  BE  SUBJECT  TO  CRIMINAL  OR  CIVIL
LIABILITY  OR  PROFESSIONAL DISCIPLINE FOR ACTING REASONABLY AND IN GOOD
FAITH PURSUANT TO THIS TITLE.
  S 3369-A. PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA. 1.   CERTIFIED
PATIENTS, DESIGNATED CAREGIVERS, PRACTITIONERS, REGISTERED ORGANIZATIONS
AND  THE  EMPLOYEES  OF REGISTERED ORGANIZATIONS SHALL NOT BE SUBJECT TO
ARREST, PROSECUTION, OR PENALTY IN ANY MANNER, OR DENIED  ANY  RIGHT  OR
PRIVILEGE,  INCLUDING  BUT  NOT LIMITED TO CIVIL PENALTY OR DISCIPLINARY
ACTION BY A BUSINESS OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD  OR
BUREAU,  SOLELY FOR THE CERTIFIED MEDICAL USE OR MANUFACTURE OF MARIHUA-
NA, OR FOR ANY OTHER ACTION OR CONDUCT IN ACCORDANCE  WITH  THIS  TITLE.
STATE  OR  LOCAL  LAW  ENFORCEMENT  AGENCIES SHALL NOT COOPERATE WITH OR
PROVIDE ASSISTANCE TO THE GOVERNMENT OF THE UNITED STATES OR ANY  AGENCY
THEREOF  IN ENFORCING THE CONTROLLED SUBSTANCES ACT, 21 U.S.C. S 801 ET.
SEQ., SOLELY FOR ACTIONS AND CONDUCT CONSISTENT WITH THIS TITLE,  EXCEPT
AS PURSUANT TO A VALID COURT ORDER.
  2.  AFFIRMATIVE  DEFENSE. A PATIENT AND A PATIENT'S CAREGIVER WHO HAVE
FAILED TO OBTAIN A REGISTRY IDENTIFICATION CARD MAY ASSERT  AN  AFFIRMA-
TIVE  DEFENSE TO ANY PROSECUTION UNDER STATE LAW FOR ACTIONS AND CONDUCT
THAT IS OTHERWISE CONSISTENT WITH THE CERTIFIED MEDICAL USE OF MARIHUANA
AS DEFINED UNDER THIS TITLE.
  3. INCIDENTAL AMOUNT OF MARIHUANA. ANY  INCIDENTAL  AMOUNT  OF  SEEDS,
STALKS,  AND  UNUSABLE ROOTS SHALL NOT BE INCLUDED IN THE AMOUNTS SPECI-
FIED IN SUBDIVISION ONE OF SECTION  THIRTY-THREE  HUNDRED  SIXTY-TWO  OF
THIS TITLE.
  4.  SCHOOL,  EMPLOYER,  OR  LANDLORD  MAY  NOT DISCRIMINATE. A SCHOOL,
EMPLOYER, OR LANDLORD MAY NOT REFUSE TO ENROLL OR EMPLOY OR LEASE TO  OR
OTHERWISE  PENALIZE A PERSON SOLELY FOR THAT PERSON'S STATUS AS A CERTI-
FIED PATIENT OR DESIGNATED CAREGIVER UNLESS FAILING TO DO SO  WOULD  PUT
THE  SCHOOL,  EMPLOYER, OR LANDLORD IN VIOLATION OF FEDERAL LAW OR CAUSE
IT TO LOSE A FEDERAL CONTRACT OR FUNDING.
  5. PERSON MAY NOT BE DENIED MEDICAL CARE, INCLUDING ORGAN  TRANSPLANT.
FOR  THE PURPOSES OF MEDICAL CARE, INCLUDING ORGAN TRANSPLANTS, A CERTI-
FIED PATIENT'S MEDICAL USE OF MARIHUANA SHALL NOT CONSTITUTE THE USE  OF
AN ILLICIT SUBSTANCE AND MAY ONLY BE CONSIDERED WITH RESPECT TO EVIDENCE
BASED CLINICAL CRITERIA.
  6.  PERSON  MAY NOT BE DENIED CUSTODY OR VISITATION OF MINOR. A PERSON
SHALL NOT BE DENIED CUSTODY OR VISITATION  OF  A  MINOR  FOR  ACTING  IN
ACCORDANCE  WITH THIS TITLE UNLESS THE PERSON'S BEHAVIOR IS SUCH THAT IT
CREATES AN UNREASONABLE DANGER TO THE MINOR THAT CAN BE  CLEARLY  ARTIC-
ULATED AND SUBSTANTIATED.
  7.  EFFECT OF REGISTRY IDENTIFICATION CARD ISSUED BY ANOTHER JURISDIC-
TION. A REGISTRY IDENTIFICATION CARD, OR ITS EQUIVALENT, THAT IS  ISSUED
UNDER  THE  LAWS OF ANOTHER STATE, DISTRICT, TERRITORY, COMMONWEALTH, OR
POSSESSION OF THE UNITED STATES THAT ALLOWS THE MEDICAL USE OF MARIHUANA

A. 7347--B                         12

HAS THE SAME FORCE AND EFFECT AS A REGISTRY IDENTIFICATION  CARD  ISSUED
BY  THE  DEPARTMENT, SO LONG AS THE VISITING PATIENT'S SERIOUS CONDITION
WOULD QUALIFY FOR THE CERTIFIED MEDICAL  USE  OF  MARIHUANA  UNDER  THIS
TITLE.
  S 3369-B. SEVERABILITY. IF ANY PROVISION OF THIS TITLE OR THE APPLICA-
TION  THEREOF  TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, SUCH INVA-
LIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF  THIS  TITLE
WHICH  CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION,
AND TO THIS END THE PROVISIONS OF THIS TITLE ARE SEVERABLE.
  S 3. Section 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 immediately.

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