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

                                  7283

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by Sens. SAVINO, CARLUCCI -- read twice and ordered printed,
  and when printed to be committed 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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02415-03-2
              

S. 7283                             2

        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.
  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. 7283                             3

  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.
  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

S. 7283                             4

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);
  (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;

S. 7283                             5

  (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
  (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

S. 7283                             6

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-
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

S. 7283                             7

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-
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

S. 7283                             8

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;
  (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

S. 7283                             9

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.
  (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.

S. 7283                            10

  (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
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-

S. 7283                            11

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.
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

S. 7283                            12

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.