assembly Bill A6357E

Signed By Governor
2013-2014 Legislative Session

Relates to the medical use of marihuana

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 05, 2014 signed chap.90
Jun 24, 2014 delivered to governor
Jun 20, 2014 returned to assembly
passed senate
message of necessity - 3 day message
3rd reading cal.1659
substituted for s7923
Jun 19, 2014 referred to rules
returned to senate
repassed assembly
message of necessity - 3 day message
ordered to third reading rules cal.598
rules report cal.598
reported
print number 6357e
amend (t) and recommit to rules
Jun 16, 2014 amend and recommit to rules 6357d
Jun 16, 2014 recommitted to rules
Jun 09, 2014 amended on third reading 6357c
vote reconsidered - restored to third reading
Jun 09, 2014 returned to assembly
recalled from senate
May 27, 2014 referred to codes
delivered to senate
passed assembly
ordered to third reading rules cal.41
rules report cal.41
reported
reported referred to rules
May 21, 2014 print number 6357b
amend and recommit to ways and means
May 20, 2014 reported referred to ways and means
Jan 14, 2014 reported referred to codes
Jan 08, 2014 referred to health
Jun 17, 2013 amended on third reading 6357a
vote reconsidered - restored to third reading
Jun 17, 2013 returned to assembly
recalled from senate
Jun 03, 2013 referred to health
delivered to senate
passed assembly
May 31, 2013 advanced to third reading cal.477
May 29, 2013 reported
Apr 30, 2013 reported referred to ways and means
Apr 16, 2013 reported referred to codes
Mar 26, 2013 referred to health

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Bill Amendments

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A6357 - Bill Details

See Senate Version of this Bill:
S7923
Law Section:
Public Health Law
Laws Affected:
Add Art 33 Title 5-A §§3360 - 3369-e, amd §3371, Pub Health L; add Art 20-B §§490 & 491, amd §171-a, Tax L; add §89-h, St Fin L; amd §853, Gen Bus L; amd §221.00, add Art 179 §§179.00 - 179.15, Pen L; amd §§216.00 & 410.91, CP L

A6357 - Bill Texts

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Relates to the medical use of marihuana; legalizes the possession, manufacture, use, delivery, transport or administration of medical marihuana by a 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 patient would receive therapeutic or palliative benefit from use of medical marihuana.

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

                                  6357

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED,  LUPARDO,  CAHILL, CASTRO, CLARK,
  CYMBROWITZ, DINOWITZ, HEVESI, LAVINE, PAULIN,  PEOPLES-STOKES,  ROSEN-
  THAL, STEVENSON, TITONE, ARROYO, BOYLAND, BRONSON, BROOK-KRASNY, COOK,
  CRESPO, DenDEKKER, ESPINAL, FAHY, JAFFEE, KAVANAGH, LIFTON, O'DONNELL,
  OTIS,  RIVERA,  ROBERTS, SKARTADOS, STECK, WEPRIN, ZEBROWSKI -- Multi-
  Sponsored by  --  M.  of  A.  ABINANTI,  AUBRY,  BRAUNSTEIN,  BRENNAN,
  FARRELL,  GALEF,  GLICK,  HIKIND,  JACOBS,  KELLNER,  V. LOPEZ, MAGEE,
  MAISEL, MARKEY, McDONALD, MILLMAN, MOYA, PRETLOW, ROBINSON, RODRIGUEZ,
  SCARBOROUGH, SCHIMEL, SWEENEY, WEISENBERG, WRIGHT  --  read  once  and
  referred to the Committee on Health

AN ACT to amend the public health law, the tax law, the general business
  law and the penal 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.
                                                           LBD01604-04-3

A. 6357                             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; strong "seed to sale" regulation to
prevent diversion, abuse, and other illegal conduct;  reasonable  access
to and appropriate use of medical marihuana by certified patients; eval-
uation; 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.   RELATION TO OTHER LAWS.
        3369.   PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA.
        3369-A. REGULATIONS.
        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, INCLUDING, BUT NOT LIMITED  TO,  CANCER,  GLAUCOMA,  POSITIVE
STATUS  FOR  HUMAN  IMMUNODEFICIENCY VIRUS OR ACQUIRED IMMUNE DEFICIENCY
SYNDROME, PARKINSON'S DISEASE, MULTIPLE SCLEROSIS, DAMAGE TO THE NERVOUS
TISSUE OF THE SPINAL CORD  WITH  OBJECTIVE  NEUROLOGICAL  INDICATION  OF
INTRACTABLE  SPASTICITY,  EPILEPSY,  CACHEXIA, WASTING SYNDROME, CROHN'S
DISEASE,  POST-TRAUMATIC  STRESS  DISORDER,  NEUROPATHY,   FIBROMYALGIA,
ARTHRITIS,  LUPUS,  AND  DIABETES,  OR  A CONDITION ASSOCIATED WITH OR A
COMPLICATION OF SUCH A CONDITION OR ITS  TREATMENT  (INCLUDING  BUT  NOT

A. 6357                             3

LIMITED  TO  INABILITY  TO TOLERATE FOOD, NAUSEA, VOMITING, DYSPHORIA OR
PAIN) SUBJECT TO LIMITATION IN REGULATION OF THE COMMISSIONER.
  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.
  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.
  13.  "TERMINALLY ILL" MEANS AN INDIVIDUAL HAS A MEDICAL PROGNOSIS THAT
THE INDIVIDUAL'S LIFE EXPECTANCY IS APPROXIMATELY ONE YEAR  OR  LESS  IF
THE ILLNESS RUNS ITS NORMAL COURSE.
  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.   THE PRACTITIONER  MAY
STATE  IN  THE  CERTIFICATION  THAT,  IN THE PRACTITIONER'S PROFESSIONAL
OPINION THE PATIENT WOULD BENEFIT FROM MEDICAL MARIHUANA  ONLY  UNTIL  A
SPECIFIED DATE. THE PRACTITIONER MAY STATE IN THE CERTIFICATION THAT, IN
THE  PRACTITIONER'S  PROFESSIONAL  OPINION THE PATIENT IS TERMINALLY ILL
AND THAT THE CERTIFICATION SHALL NOT EXPIRE UNTIL THE PATIENT DIES.
  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,

A. 6357                             4

  (A) IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT, IN THE PRAC-
TITIONER'S  PROFESSIONAL OPINION, THE PATIENT WOULD BENEFIT FROM MEDICAL
MARIHUANA ONLY UNTIL A SPECIFIED EARLIER DATE, THEN THE  REGISTRY  IDEN-
TIFICATION CARD SHALL EXPIRE ON THAT DATE;
  (B)  IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT IN THE PRAC-
TITIONER'S PROFESSIONAL OPINION THE PATIENT IS TERMINALLY ILL  AND  THAT
THE  CERTIFICATION  SHALL  NOT  EXPIRE  UNTIL THE PATIENT DIES, THEN THE
REGISTRY IDENTIFICATION CARD SHALL NOT EXPIRE UNTIL  THE  PATIENT  DIES;
AND
  (C)  IF  THE PRACTITIONER RE-ISSUES THE CERTIFICATION TO TERMINATE THE
CERTIFICATION ON AN EARLIER DATE, THEN THE REGISTRY IDENTIFICATION  CARD
SHALL  EXPIRE  ON THAT DATE AND SHALL BE PROMPTLY RETURNED BY THE CERTI-
FIED PATIENT TO THE DEPARTMENT.
  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-
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  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.
  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 REGISTERED ORGANIZA-
TION UNDER THIS ARTICLE; NOR
  (B) PREVENT A DESIGNATED CAREGIVER FROM BEING REIMBURSED  FOR  REASON-
ABLE  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 ORGAN-
IZATION 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-

A. 6357                             5

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, AMEND OR RENEW A REGISTRY IDENTIFICATION CARD, A CERTI-
FIED PATIENT OR DESIGNATED CAREGIVER SHALL FILE A  REGISTRY  APPLICATION
WITH  THE  DEPARTMENT.  THE  REGISTRY APPLICATION OR RENEWAL APPLICATION
SHALL INCLUDE:
  (A) IN THE CASE OF A CERTIFIED PATIENT, THE ORIGINAL PATIENT'S CERTIF-
ICATION (A NEW WRITTEN CERTIFICATION SHALL BE PROVIDED  WITH  A  RENEWAL
APPLICATION);
  (B) IN THE CASE OF A CERTIFIED PATIENT,
  (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT;
  (II) THE DATE OF THE CERTIFICATION;
  (III)  IF  THE  PATIENT  HAS A REGISTRY IDENTIFICATION CARD BASED ON A
CURRENT VALID CERTIFICATION,  THE  REGISTRY  IDENTIFICATION  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 INFORMATION REQUIRED BY THE DEPART-
MENT;
  (C) IN THE CASE OF A CERTIFIED PATIENT, IF THE  PATIENT  DESIGNATES  A
DESIGNATED CAREGIVER, THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIG-
NATED  CAREGIVER,  AND OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED
BY THE DEPARTMENT; A CERTIFIED PATIENT MAY DESIGNATE UP  TO  TWO  DESIG-
NATED  CAREGIVERS;  EXCEPT  THAT  A CERTIFIED PATIENT MAY DESIGNATE MORE
THAN TWO CAREGIVERS IF THE ADDITIONAL  CAREGIVERS  ARE  MEMBERS  OF  THE
CERTIFIED PATIENT'S IMMEDIATE FAMILY OR PHYSICAL HOUSEHOLD;
  (D) IN THE CASE OF A DESIGNATED CAREGIVER,
  (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIGNATED CAREGIVER;
  (II)  IF  THE DESIGNATED CAREGIVER HAS A REGISTRY IDENTIFICATION CARD,
THE REGISTRY IDENTIFICATION NUMBER AND EXPIRATION DATE OF THAT  REGISTRY
IDENTIFICATION CARD; AND
  (III) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
MENT;
  (E)  A  STATEMENT  THAT  A  FALSE STATEMENT MADE IN THE APPLICATION IS
PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW;
  (F) THE DATE OF THE APPLICATION AND THE  SIGNATURE  OF  THE  CERTIFIED
PATIENT OR DESIGNATED CAREGIVER, AS THE CASE MAY BE; AND
  (G)  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.

A. 6357                             6

  5.   NO PERSON MAY BE A DESIGNATED CAREGIVER FOR MORE THAN FIVE CERTI-
FIED PATIENTS AT ONE TIME.
  6.  THE  DEPARTMENT SHALL ISSUE SEPARATE REGISTRY IDENTIFICATION CARDS
FOR CERTIFIED PATIENTS AND DESIGNATED CAREGIVERS WITHIN THIRTY  DAYS  OF
RECEIVING  A  COMPLETE  APPLICATION UNDER THIS SECTION, UNLESS IT DETER-
MINES THAT THE APPLICATION IS  INCOMPLETE  OR  FACIALLY  INACCURATE,  IN
WHICH CASE IT SHALL PROMPTLY NOTIFY THE APPLICANT.
  7.  IF THE APPLICATION OF A CERTIFIED PATIENT DESIGNATES AN INDIVIDUAL
AS A DESIGNATED CAREGIVER WHO IS NOT AUTHORIZED TO BE A DESIGNATED CARE-
GIVER, THAT PORTION OF THE APPLICATION SHALL BE DENIED BY THE DEPARTMENT
BUT THAT SHALL NOT AFFECT THE APPROVAL OF THE BALANCE  OF  THE  APPLICA-
TION.
  8. A REGISTRY IDENTIFICATION CARD SHALL CONTAIN:
  (A)  THE  NAME OF THE CERTIFIED PATIENT OR THE DESIGNATED CAREGIVER AS
THE CASE MAY BE;
  (B) THE DATE OF ISSUANCE AND EXPIRATION DATE OF THE REGISTRY IDENTIFI-
CATION CARD;
  (C) A REGISTRY IDENTIFICATION NUMBER  FOR  THE  CERTIFIED  PATIENT  OR
DESIGNATED  CAREGIVER,  AS THE CASE MAY BE AND A REGISTRY IDENTIFICATION
NUMBER; 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 REQUIRES 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
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 SUSPENDED OR REVOKED.  THIS IS IN
ADDITION TO ANY OTHER PENALTY THAT MAY APPLY.

A. 6357                             7

  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 (IN  THE
CASE  OF  A  CERTIFIED PATIENT) 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 OR DESIGNATED CAREGIVER,
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 FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER; OR
  (B)  A FOR-PROFIT BUSINESS ENTITY OR NOT-FOR-PROFIT CORPORATION ORGAN-
IZED FOR THE PURPOSE OF ACQUIRING, POSSESSING,  MANUFACTURING,  SELLING,
DELIVERING,  TRANSPORTING,  DISTRIBUTING  OR  DISPENSING  MARIHUANA  FOR
CERTIFIED MEDICAL USE.
  2. THE ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIVERY,  TRANSPORT-
ING,  DISTRIBUTING  OR DISPENSING OF MARIHUANA BY A REGISTERED ORGANIZA-
TION 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.   A REGISTERED ORGANIZATION MAY TRANSFER
POSSESSION OF MARIHUANA TO, AND MAY RECOVER POSSESSION OF  IT  FROM,  AN
ENTITY  LICENSED  BY  THE  DEPARTMENT UNDER SECTION THIRTY-THREE HUNDRED
TWENTY-FOUR OF THIS TITLE FOR PURPOSES OF CHEMICAL ANALYSIS.
  3. A REGISTERED ORGANIZATION MAY LAWFULLY, IN GOOD FAITH, SELL, DELIV-
ER, DISTRIBUTE OR DISPENSE 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  DESIG-
NATED CAREGIVER (IF ANY); AND THE QUANTITY OF MARIHUANA SOLD. THE REGIS-
TERED  ORGANIZATION  SHALL  RETAIN A COPY OF THE REGISTRY IDENTIFICATION
CARD AND THE RECEIPT FOR ONE YEAR.
  4.  NO  REGISTERED  ORGANIZATION  MAY  SELL,  DELIVER,  DISTRIBUTE  OR
DISPENSE  TO ANY CERTIFIED PATIENT OR DESIGNATED CAREGIVER A QUANTITY OF
MEDICAL MARIHUANA LARGER  THAN  THAT  INDIVIDUAL  WOULD  BE  ALLOWED  TO
POSSESS UNDER THIS TITLE.
  5.  WHEN  A  REGISTERED  ORGANIZATION  SELLS, DELIVERS, DISTRIBUTES OR
DISPENSES MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR  DESIGNATED  CARE-
GIVER,  IT  SHALL PROVIDE TO THAT INDIVIDUAL A SAFETY INSERT, WHICH WILL
BE DEVELOPED AND APPROVED BY THE COMMISSIONER AND INCLUDE,  BUT  NOT  BE
LIMITED TO, INFORMATION ON:

A. 6357                             8

  (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 MARIHUA-
NA AND OBTAIN APPROPRIATE SERVICES OR TREATMENT  FOR PROBLEMATIC USAGE.
  6. MANUFACTURING OF MEDICAL MARIHUANA  BY  A  REGISTERED  ORGANIZATION
SHALL ONLY BE DONE IN AN INDOOR, ENCLOSED, SECURE FACILITY.
  7.  A REGISTERED ORGANIZATION SHALL DETERMINE THE QUALITY, SAFETY, AND
CLINICAL STRENGTH OF MEDICAL MARIHUANA MANUFACTURED OR DISPENSED BY  THE
REGISTERED  ORGANIZATION, AND SHALL PROVIDE DOCUMENTATION OF THAT QUALI-
TY, SAFETY AND CLINICAL STRENGTH TO THE DEPARTMENT AND TO ANY PERSON  OR
ENTITY TO WHICH THE MEDICAL MARIHUANA IS SOLD OR DISPENSED.
  8.  A  REGISTERED  ORGANIZATION  SHALL  BE DEEMED TO BE A "HEALTH CARE
PROVIDER" FOR THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF  THIS  CHAP-
TER.
  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
OTHER PREMISES (WHICH SHALL BE SPECIFIED IN THE APPLICATION) AND  EQUIP-
MENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICATION;
  (III)  IS  ABLE  TO MAINTAIN EFFECTIVE SECURITY AND CONTROL TO PREVENT
DIVERSION, ABUSE, AND OTHER ILLEGAL CONDUCT RELATING TO  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)  OR  (B)  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 OF A
FELONY OR HAD A REGISTRATION OR LICENSE  SUSPENDED  OR  REVOKED  IN  ANY
ADMINISTRATIVE OR JUDICIAL PROCEEDING; 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;

A. 6357                             9

  (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 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,
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;
  (II) WHICH ACTIVITIES OF A REGISTERED ORGANIZATION  ARE  PERMITTED  BY
THE REGISTRATION;
  (III)  THE  LAND,  BUILDINGS  AND  FACILITIES THAT MAY BE USED FOR THE
PERMITTED ACTIVITIES OF THE REGISTERED ORGANIZATION; AND
  (IV) SUCH OTHER MATTERS AS THE COMMISSIONER SHALL  REASONABLY  PROVIDE
TO ASSURE COMPLIANCE WITH THIS TITLE.
  (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
OR FACILITIES. 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

A. 6357                            10

  (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 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.

A. 6357                            11

  8. THE DEPARTMENT SHALL BEGIN  ISSUING  REGISTRATIONS  FOR  REGISTERED
ORGANIZATIONS  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
SECTION.
  9.  THE  COMMISSIONER SHALL DETERMINE THE APPROPRIATE NUMBER OF REGIS-
TERED ORGANIZATIONS AND  FACILITIES  TO  PROMOTE  REASONABLE  ACCESS  TO
MEDICAL MARIHUANA IN THE INTEREST OF CERTIFIED PATIENTS AND THE PUBLIC.
  S  3366.  REPORTS  BY  REGISTERED  ORGANIZATIONS.  1. THE COMMISSIONER
SHALL, BY REGULATION,  REQUIRE  EACH  REGISTERED  ORGANIZATION  TO  FILE
REPORTS  BY THE REGISTERED ORGANIZATION DURING A PARTICULAR PERIOD.  THE
COMMISSIONER SHALL DETERMINE THE INFORMATION  TO  BE  REPORTED  AND  THE
FORMS, TIME, AND MANNER OF THE REPORTING.
  2.    THE  COMMISSIONER  SHALL, BY REGULATION, REQUIRE EACH REGISTERED
ORGANIZATION TO ADOPT AND MAINTAIN SECURITY, TRACKING, AND  SURVEILLANCE
SYSTEMS,  RELATING TO ALL MEDICAL MARIHUANA AT EVERY STAGE OF ACQUIRING,
POSSESSION, MANUFACTURE, SALE, DELIVERY, TRANSPORTING, DISTRIBUTING,  OR
DISPENSING BY THE REGISTERED ORGANIZATION, SUBJECT TO REGULATIONS OF THE
COMMISSIONER.
  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.  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. 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.

A. 6357                            12

  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
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
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-A.  REGULATIONS. 1. THE COMMISSIONER SHALL MAKE REGULATIONS TO
IMPLEMENT THIS TITLE.
  2. ADVISORY COMMITTEE. THERE IS HEREBY ESTABLISHED IN  THE  DEPARTMENT
AN ADVISORY COMMITTEE ON MEDICAL USE OF MARIHUANA (THE "ADVISORY COMMIT-
TEE")  TO ADVISE THE COMMISSIONER ON MAKING REGULATIONS UNDER THIS TITLE
AND ON ANY MATTERS RELATING TO THE IMPLEMENTATION OF THIS TITLE  AS  THE
COMMISSIONER  SHALL DETERMINE. THE MEMBERS OF THE ADVISORY COMMITTEE AND
ANY SUBCOMMITTEE OF THE ADVISORY  COMMITTEE  ("SUBCOMMITTEE")  SHALL  BE
APPOINTED  BY THE COMMISSIONER AND INCLUDE BUT NOT BE LIMITED TO: HEALTH
CARE PRACTITIONERS, PATIENTS OR REPRESENTATIVES OF PATIENTS WITH SERIOUS
CONDITIONS, EXPERTS IN  THE  REGULATION  OF  CONTROLLED  SUBSTANCES  FOR
MEDICAL  USE,  MEDICAL MARIHUANA INDUSTRY PROFESSIONALS AND LAW ENFORCE-
MENT. THE COMMISSIONER MAY  ALSO  FORM  SUBCOMMITTEES  OF  THE  ADVISORY
COMMITTEE.  THE  COMMISSIONER  SHALL  FORM  A SUBCOMMITTEE TO ADVISE THE
COMMISSIONER ON CLINICAL MATTERS  RELATING  TO  MEDICAL  MARIHUANA,  THE
MEMBERS OF WHICH SHALL PREDOMINANTLY BE CLINICAL PROFESSIONALS IN APPRO-
PRIATE  AREAS  OF  EXPERTISE  AND  SHALL ALSO INCLUDE REPRESENTATIVES OF
PATIENTS AND THE GENERAL PUBLIC. MEMBERS OF A SUBCOMMITTEE NEED  NOT  BE
MEMBERS  OF THE ADVISORY COMMITTEE. MEMBERS OF THE ADVISORY COMMITTEE OR
A SUBCOMMITTEE SHALL SERVE AT THE PLEASURE OF THE COMMISSIONER.  MEMBERS
OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE MAY RECEIVE REIMBURSEMENT BY
THE  DEPARTMENT  FOR THEIR REASONABLE AND NECESSARY EXPENSES INCURRED AS

A. 6357                            13

MEMBERS OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE. A  PUBLIC  EMPLOYEE
MAY BE A MEMBER OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE.
  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 3343-a of the public health law is amended  by  adding  a
new subdivision 8-a to read as follows:
  8-A.  MEDICAL  MARIHUANA.  AS  USED  IN  ANY PROVISION OF THIS ARTICLE
RELATING TO THE PRESCRIPTION MONITORING PROGRAM REGISTRY, THE  FOLLOWING
TERMS  SHALL  INCLUDE THE FOLLOWING IN RELATION TO MEDICAL MARIHUANA, IN
ADDITION TO THE MEANING EACH TERM WOULD OTHERWISE HAVE:
  (A) "PRESCRIPTION," "PRESCRIBE," AND  "PRESCRIBER,"  INCLUDE,  RESPEC-
TIVELY,  A  CERTIFICATION, THE ISSUING OF A CERTIFICATION, AND A PRACTI-
TIONER UNDER TITLE FIVE-A OF THIS ARTICLE.
  (B) "PHARMACY" INCLUDES A REGISTERED ORGANIZATION THAT  IS  AUTHORIZED
TO  DISPENSE  MEDICAL  MARIHUANA  UNDER  TITLE  FIVE-A  OF THIS ARTICLE;
PROVIDED THAT A REGISTERED ORGANIZATION THAT IS NOT A FACILITY  LICENSED
UNDER  ARTICLE  TWENTY-EIGHT OF THIS CHAPTER OR A PHARMACY UNDER ARTICLE
ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW SHALL NOT BE AUTHORIZED TO
CONSULT THE REGISTRY OR ACCESS  PATIENT-SPECIFIC  INFORMATION  FROM  THE
REGISTRY, INCLUDING UNDER SUBDIVISION THREE OF THIS SECTION AND SUBDIVI-
SION  TWO  OF  SECTION THIRTY-THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE,
BUT SHALL REPORT INFORMATION TO THE REGISTRY, INCLUDING  UNDER  SUBDIVI-
SION FOUR OF SECTION THIRTY-THREE HUNDRED THIRTY-THREE OF THIS ARTICLE.
  (C)  "PATIENT-SPECIFIC INFORMATION," IN RELATION TO MEDICAL MARIHUANA,
SHALL NOT INCLUDE INFORMATION NOT REQUIRED TO BE INCLUDED IN  A  CERTIF-
ICATION UNDER TITLE FIVE-A OF THIS ARTICLE.
  (D)  "CONTROLLED  SUBSTANCE" INCLUDES MEDICAL MARIHUANA, REGARDLESS OF
WHETHER THE PROVISION IN WHICH THE TERM IS FOUND IS LIMITED TO SCHEDULES
OTHER THAN SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THIS  ARTI-
CLE.
  (E)  "MEDICAL MARIHUANA" MEANS MEDICAL MARIHUANA UNDER TITLE FIVE-A OF
THIS ARTICLE.
  S 4. The tax law is amended by adding a new article 20-B  to  read  as
follows:
                              ARTICLE 20-B
                        TAX ON MEDICAL MARIHUANA
SECTION 490. EXCISE TAX ON MEDICAL MARIHUANA.
  S  490.  EXCISE  TAX ON MEDICAL MARIHUANA. 1. ALL DEFINITIONS OF TERMS
APPLICABLE TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC  HEALTH
LAW SHALL APPLY TO THIS ARTICLE.
  2.  THERE  IS HEREBY LEVIED AND IMPOSED ON REGISTERED ORGANIZATIONS AN
EXCISE TAX ON ALL MEDICAL MARIHUANA SOLD TO ANOTHER REGISTERED ORGANIZA-
TION OR TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER. THE  EXCISE  TAX
SHALL BE AT THE FOLLOWING RATES:
  (A)  FOR  MEDICAL MARIHUANA MANUFACTURED BY A REGISTERED ORGANIZATION:
ONE HUNDRED TWENTY-FIVE DOLLARS  FOR  EACH  POUND  OR  PART  THEREOF  OF
MEDICAL MARIHUANA MANUFACTURED BY THE REGISTERED ORGANIZATION.
  (B)  FOR  MEDICAL MARIHUANA DISPENSED TO A CERTIFIED PATIENT OR DESIG-
NATED CAREGIVER: ONE HUNDRED TWENTY-FIVE DOLLARS FOR EACH POUND OR  PART
THEREOF  OF  MEDICAL  MARIHUANA  DISPENSED; PROVIDED THAT IF THE MEDICAL
MARIHUANA UNDER THIS PARAGRAPH WAS OBTAINED BY THE REGISTERED  ORGANIZA-
TION  FROM AN ENTITY THAT DID NOT PAY AN EXCISE TAX ATTRIBUTABLE TO THAT

A. 6357                            14

MEDICAL MARIHUANA UNDER PARAGRAPH (A) OF THIS SUBDIVISION, THEN THE  TAX
UNDER THIS PARAGRAPH SHALL BE TWO HUNDRED FIFTY DOLLARS.
  3.  FIFTY  PERCENT  OF THE REVENUE RECEIVED BY THE DEPARTMENT SHALL BE
TRANSFERRED TO THE COUNTY IN WHICH THE MEDICAL  MARIHUANA  WAS  MANUFAC-
TURED  (IN  THE CASE OF REVENUE RECEIVED UNDER PARAGRAPH (A) OF SUBDIVI-
SION TWO OF THIS SECTION) OR DISPENSED (IN THE CASE OF REVENUE  RECEIVED
UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION). FOR PURPOSES OF
THIS SUBDIVISION, THE CITY OF NEW YORK SHALL BE DEEMED TO BE A COUNTY.
  4. THE COMMISSIONER SHALL MAKE REGULATIONS TO IMPLEMENT THIS ARTICLE.
  S  5.  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  6.  Section 221.00 of the penal law, as added by chapter 360 of the
laws of 1977, is amended to read as follows:
S 221.00 Marihuana; definitions.
  Unless the context in which they are used clearly otherwise  requires,
the terms occurring in this article shall have the same meaning ascribed
to  them in article two hundred twenty of this chapter.  ANY ACT THAT IS
LAWFUL UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE  PUBLIC  HEALTH
LAW IS NOT A VIOLATION OF THIS ARTICLE.
  S  7. This act shall take effect immediately, provided that the amend-
ment to section 3343-a of the public health law made by section three of
this act shall take effect on the same date and in the  same  manner  as
section  2  of  part  A  of chapter 447 of the laws of 2012, as amended,
takes effect.

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A6357A - Bill Details

See Senate Version of this Bill:
S7923
Law Section:
Public Health Law
Laws Affected:
Add Art 33 Title 5-A §§3360 - 3369-e, amd §3371, Pub Health L; add Art 20-B §§490 & 491, amd §171-a, Tax L; add §89-h, St Fin L; amd §853, Gen Bus L; amd §221.00, add Art 179 §§179.00 - 179.15, Pen L; amd §§216.00 & 410.91, CP L

A6357A - Bill Texts

view summary

Relates to the medical use of marihuana; legalizes the possession, manufacture, use, delivery, transport or administration of medical marihuana by a 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 patient would receive therapeutic or palliative benefit from use of medical marihuana.

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

                                 6357--A
                                                        Cal. No. 477

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced  by  M.  of A. GOTTFRIED, LUPARDO, CAHILL, CLARK, CYMBROWITZ,
  DINOWITZ, HEVESI, LAVINE, PAULIN, PEOPLES-STOKES,  ROSENTHAL,  STEVEN-
  SON,  TITONE,  ARROYO,  BOYLAND,  BRONSON, BROOK-KRASNY, COOK, CRESPO,
  DenDEKKER, ESPINAL, FAHY, JAFFEE, KAVANAGH, LIFTON,  O'DONNELL,  OTIS,
  RIVERA,  ROBERTS, SKARTADOS, STECK, WEPRIN, ZEBROWSKI, SEPULVEDA, KATZ
  -- Multi-Sponsored by -- M. of A. ABINANTI, AUBRY,  BRAUNSTEIN,  BREN-
  NAN,  BUCHWALD, FARRELL, GALEF, GLICK, HIKIND, JACOBS, KELLNER, MAGEE,
  MAISEL, MARKEY,  McDONALD,  MILLMAN,  MOSLEY,  MOYA,  PERRY,  PRETLOW,
  ROBINSON, RODRIGUEZ, SCARBOROUGH, SCHIMEL, SWEENEY, WEISENBERG, WRIGHT
  --  read  once and referred to the Committee on Health -- reported and
  referred to the Committee on Codes -- reported  and  referred  to  the
  Committee on Ways and Means -- passed by Assembly and delivered to the
  Senate,  recalled  from  the  Senate, vote reconsidered, bill amended,
  ordered reprinted, retaining its place on the order of third reading

AN ACT to amend the public health law, the tax law, the general business
  law and the penal 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 medical use of controlled substances  in
health  care,  including palliative care. This legislation establishes a
medical model of care which regulates medical marihuana as a recommended
medicine in keeping with recognized medical  public  health  and  safety
standards.  This  policy and this legislation do not in any way diminish

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01604-08-3

A. 6357--A                          2

New York state's strong public policy and laws against illegal drug use,
nor should it be deemed in any manner to advocate,  authorize,  promote,
or  legally  or  socially  accept  the  use of marihuana 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 amend-
ment of the United States  constitution.  Furthermore,  the  legislature
finds  that  New  York  state has a significant and ongoing economic and
non-regulatory interest in the financial viability of organizations that
sell marihuana for medical use. The legislature finds that the financial
viability of such organizations would be greatly diminished and  threat-
ened  by  labor-management conflict, such as a strike at a facility that
cultivates marihuana, especially because of the need for enhanced  secu-
rity  concerning  the  products.  Replacements  during a strike would be
difficult to arrange and cause delay far more significant than a  strike
elsewhere.  Accordingly,  the  legislature  finds  that  the state has a
substantial and compelling proprietary  interest  in  this  matter,  and
finds  that  labor  peace  is  essential for any organization to conduct
business relating to the sale of medical marihuana.
  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; strong "seed to sale" regulation to
prevent diversion, abuse, and other illegal conduct;  reasonable  access
to and appropriate use of medical marihuana by certified patients; eval-
uation; 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.   RELATION TO OTHER LAWS.
        3369.   PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA.
        3369-A. REGULATIONS.
        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.

A. 6357--A                          3

  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,  INCLUDING,  BUT  NOT  LIMITED TO, CANCER, GLAUCOMA, POSITIVE
STATUS FOR HUMAN IMMUNODEFICIENCY VIRUS OR  ACQUIRED  IMMUNE  DEFICIENCY
SYNDROME, PARKINSON'S DISEASE, MULTIPLE SCLEROSIS, DAMAGE TO THE NERVOUS
TISSUE  OF  THE  SPINAL  CORD  WITH OBJECTIVE NEUROLOGICAL INDICATION OF
INTRACTABLE SPASTICITY, EPILEPSY, CACHEXIA,  WASTING  SYNDROME,  CROHN'S
DISEASE,  POST-TRAUMATIC  STRESS DISORDER, NEUROPATHY, ARTHRITIS, LUPUS,
AND DIABETES, OR A CONDITION ASSOCIATED WITH OR A COMPLICATION OF SUCH A
CONDITION OR ITS TREATMENT SUBJECT TO LIMITATION IN  REGULATION  OF  THE
COMMISSIONER.
  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.
  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.
  13.  "TERMINALLY ILL" MEANS AN INDIVIDUAL HAS A MEDICAL PROGNOSIS THAT
THE INDIVIDUAL'S LIFE EXPECTANCY IS APPROXIMATELY ONE YEAR  OR  LESS  IF
THE ILLNESS RUNS ITS NORMAL COURSE.
  14. "LABOR PEACE AGREEMENT" MEANS AN AGREEMENT BETWEEN AN ENTITY AND A
LABOR  ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S PROPRIETARY
INTERESTS BY PROHIBITING LABOR ORGANIZATIONS AND MEMBERS  FROM  ENGAGING
IN PICKETING, WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFER-
ENCE WITH THE REGISTERED ORGANIZATION'S BUSINESS.
  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

A. 6357--A                          4

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.  THE  PRACTITIONER  MAY
STATE  IN  THE  CERTIFICATION  THAT,  IN THE PRACTITIONER'S PROFESSIONAL
OPINION THE PATIENT WOULD BENEFIT FROM MEDICAL MARIHUANA  ONLY  UNTIL  A
SPECIFIED DATE. THE PRACTITIONER MAY STATE IN THE CERTIFICATION THAT, IN
THE  PRACTITIONER'S  PROFESSIONAL  OPINION THE PATIENT IS TERMINALLY ILL
AND THAT THE CERTIFICATION SHALL NOT EXPIRE UNTIL THE PATIENT DIES.
  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,
  (A) IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT, IN THE PRAC-
TITIONER'S  PROFESSIONAL OPINION, THE PATIENT WOULD BENEFIT FROM MEDICAL
MARIHUANA ONLY UNTIL A SPECIFIED EARLIER DATE, THEN THE  REGISTRY  IDEN-
TIFICATION CARD SHALL EXPIRE ON THAT DATE;
  (B)  IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT IN THE PRAC-
TITIONER'S PROFESSIONAL OPINION THE PATIENT IS TERMINALLY ILL  AND  THAT
THE  CERTIFICATION  SHALL  NOT  EXPIRE  UNTIL THE PATIENT DIES, THEN THE
REGISTRY IDENTIFICATION CARD SHALL STATE THAT THE PATIENT IS  TERMINALLY
ILL  AND  THAT  THE REGISTRATION CARD SHALL NOT EXPIRE UNTIL THE PATIENT
DIES; AND
  (C) IF THE PRACTITIONER RE-ISSUES THE CERTIFICATION TO  TERMINATE  THE
CERTIFICATION  ON AN EARLIER DATE, THEN THE REGISTRY IDENTIFICATION CARD
SHALL EXPIRE ON THAT DATE AND SHALL BE PROMPTLY RETURNED BY  THE  CERTI-
FIED PATIENT TO THE DEPARTMENT.
  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-
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.
  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-

A. 6357--A                          5

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 REGISTERED ORGANIZA-
TION UNDER THIS ARTICLE; NOR
  (B)  PREVENT  A DESIGNATED CAREGIVER FROM BEING REIMBURSED FOR REASON-
ABLE 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  ORGAN-
IZATION 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, AMEND OR RENEW A REGISTRY IDENTIFICATION CARD, A CERTI-
FIED PATIENT OR DESIGNATED CAREGIVER SHALL FILE A  REGISTRY  APPLICATION
WITH  THE  DEPARTMENT.  THE  REGISTRY APPLICATION OR RENEWAL APPLICATION
SHALL INCLUDE:
  (A) IN THE CASE OF A CERTIFIED PATIENT, THE ORIGINAL PATIENT'S CERTIF-
ICATION (A NEW WRITTEN CERTIFICATION SHALL BE PROVIDED  WITH  A  RENEWAL
APPLICATION);
  (B) IN THE CASE OF A CERTIFIED PATIENT,
  (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT;
  (II) THE DATE OF THE CERTIFICATION;
  (III)  IF  THE  PATIENT  HAS A REGISTRY IDENTIFICATION CARD BASED ON A
CURRENT VALID CERTIFICATION,  THE  REGISTRY  IDENTIFICATION  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 INFORMATION REQUIRED BY THE DEPART-
MENT;
  (C) IN THE CASE OF A CERTIFIED PATIENT, IF THE  PATIENT  DESIGNATES  A
DESIGNATED CAREGIVER, THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIG-
NATED  CAREGIVER,  AND OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED
BY THE DEPARTMENT; A CERTIFIED PATIENT MAY DESIGNATE UP  TO  TWO  DESIG-
NATED  CAREGIVERS;  EXCEPT  THAT  A CERTIFIED PATIENT MAY DESIGNATE MORE
THAN TWO CAREGIVERS IF THE ADDITIONAL  CAREGIVERS  ARE  MEMBERS  OF  THE
CERTIFIED PATIENT'S IMMEDIATE FAMILY OR PHYSICAL HOUSEHOLD;
  (D) IN THE CASE OF A DESIGNATED CAREGIVER,
  (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIGNATED CAREGIVER;
  (II)  IF  THE DESIGNATED CAREGIVER HAS A REGISTRY IDENTIFICATION CARD,
THE REGISTRY IDENTIFICATION NUMBER AND EXPIRATION DATE OF THAT  REGISTRY
IDENTIFICATION CARD; AND
  (III) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
MENT;
  (E)  A  STATEMENT  THAT  A  FALSE STATEMENT MADE IN THE APPLICATION IS
PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW;

A. 6357--A                          6

  (F) THE DATE OF THE APPLICATION AND THE  SIGNATURE  OF  THE  CERTIFIED
PATIENT OR DESIGNATED CAREGIVER, AS THE CASE MAY BE; AND
  (G)  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.
  6. THE DEPARTMENT SHALL ISSUE SEPARATE REGISTRY  IDENTIFICATION  CARDS
FOR  CERTIFIED  PATIENTS AND DESIGNATED CAREGIVERS WITHIN THIRTY DAYS OF
RECEIVING A COMPLETE APPLICATION UNDER THIS SECTION,  UNLESS  IT  DETER-
MINES  THAT  THE  APPLICATION  IS  INCOMPLETE OR FACIALLY INACCURATE, IN
WHICH CASE IT SHALL PROMPTLY NOTIFY THE APPLICANT.
  7. IF THE APPLICATION OF A CERTIFIED PATIENT DESIGNATES AN  INDIVIDUAL
AS A DESIGNATED CAREGIVER WHO IS NOT AUTHORIZED TO BE A DESIGNATED CARE-
GIVER, THAT PORTION OF THE APPLICATION SHALL BE DENIED BY THE DEPARTMENT
BUT  THAT  SHALL  NOT AFFECT THE APPROVAL OF THE BALANCE OF THE APPLICA-
TION.
  8. A REGISTRY IDENTIFICATION CARD SHALL:
  (A) CONTAIN THE NAME OF THE CERTIFIED PATIENT OR THE DESIGNATED  CARE-
GIVER AS THE CASE MAY BE;
  (B)  CONTAIN  THE DATE OF ISSUANCE AND EXPIRATION DATE OF THE REGISTRY
IDENTIFICATION CARD;
  (C) CONTAIN A REGISTRY IDENTIFICATION NUMBER FOR THE CERTIFIED PATIENT
OR DESIGNATED CAREGIVER, AS THE CASE MAY BE AND A  REGISTRY  IDENTIFICA-
TION NUMBER;
  (D)  CONTAIN A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE REGISTRY IDEN-
TIFICATION CARD IS BEING ISSUED, WHICH SHALL BE OBTAINED BY THE  DEPART-
MENT IN A MANNER SPECIFIED BY THE COMMISSIONER IN REGULATIONS; PROVIDED,
HOWEVER,  THAT  IF  THE DEPARTMENT REQUIRES 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  PHOTO-
GRAPHS; AND
  (E) BE A SECURE DOCUMENT.
  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. 6357--A                          7

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
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 SUSPENDED OR 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 (IN THE
CASE OF A CERTIFIED PATIENT) 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 OR  DESIGNATED  CAREGIVER,
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 FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER; OR
  (B) A FOR-PROFIT BUSINESS ENTITY OR NOT-FOR-PROFIT CORPORATION  ORGAN-
IZED  FOR  THE PURPOSE OF ACQUIRING, POSSESSING, MANUFACTURING, SELLING,
DELIVERING,  TRANSPORTING,  DISTRIBUTING  OR  DISPENSING  MARIHUANA  FOR
CERTIFIED MEDICAL USE.
  2.  THE ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIVERY, TRANSPORT-
ING, DISTRIBUTING OR DISPENSING OF MARIHUANA BY A  REGISTERED  ORGANIZA-
TION  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.  A  REGISTERED  ORGANIZATION  MAY  TRANSFER
POSSESSION  OF  MARIHUANA  TO, AND MAY RECOVER POSSESSION OF IT FROM, AN
ENTITY LICENSED BY THE DEPARTMENT  UNDER  SECTION  THIRTY-THREE  HUNDRED
TWENTY-FOUR OF THIS TITLE FOR PURPOSES OF CHEMICAL ANALYSIS.

A. 6357--A                          8

  3.  (A)  A  REGISTERED ORGANIZATION MAY LAWFULLY, IN GOOD FAITH, SELL,
DELIVER, DISTRIBUTE OR DISPENSE 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 DESIG-
NATED CAREGIVER (IF ANY); THE DATE THE MARIHUANA WAS SOLD; AND THE QUAN-
TITY OF MARIHUANA SOLD. THE REGISTERED ORGANIZATION SHALL RETAIN A  COPY
OF THE REGISTRY IDENTIFICATION CARD AND THE RECEIPT FOR SIX YEARS.
  (B)  THE REGISTERED ORGANIZATION SHALL REPORT TO THE DEPARTMENT, UNDER
SECTIONS THIRTY-THREE  HUNDRED  THIRTY-THREE  AND  THIRTY-THREE  HUNDRED
FORTY-THREE-A  OF  THIS ARTICLE, THE INFORMATION REQUIRED TO BE INCLUDED
IN THE RECEIPT UNDER THIS SUBDIVISION.
  4.  NO  REGISTERED  ORGANIZATION  MAY  SELL,  DELIVER,  DISTRIBUTE  OR
DISPENSE  TO ANY CERTIFIED PATIENT OR DESIGNATED CAREGIVER A QUANTITY OF
MEDICAL MARIHUANA LARGER  THAN  THAT  INDIVIDUAL  WOULD  BE  ALLOWED  TO
POSSESS UNDER THIS TITLE.
  5.  WHEN  A  REGISTERED  ORGANIZATION  SELLS, DELIVERS, DISTRIBUTES OR
DISPENSES MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR  DESIGNATED  CARE-
GIVER,  IT  SHALL PROVIDE TO THAT INDIVIDUAL A SAFETY INSERT, WHICH WILL
BE DEVELOPED 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 MARIHUA-
NA AND OBTAIN APPROPRIATE SERVICES OR TREATMENT  FOR PROBLEMATIC USAGE.
  6. MANUFACTURING OF MEDICAL MARIHUANA  BY  A  REGISTERED  ORGANIZATION
SHALL  ONLY  BE  DONE IN AN INDOOR, ENCLOSED, SECURE FACILITY, WHICH MAY
INCLUDE A GREENHOUSE.
  7. A REGISTERED ORGANIZATION SHALL DETERMINE THE QUALITY, SAFETY,  AND
CLINICAL  STRENGTH OF MEDICAL MARIHUANA MANUFACTURED OR DISPENSED BY THE
REGISTERED ORGANIZATION, AND SHALL PROVIDE DOCUMENTATION OF THAT  QUALI-
TY,  SAFETY AND CLINICAL STRENGTH TO THE DEPARTMENT AND TO ANY PERSON OR
ENTITY TO WHICH THE MEDICAL MARIHUANA IS SOLD OR DISPENSED.
  8. A REGISTERED ORGANIZATION SHALL BE DEEMED  TO  BE  A  "HEALTH  CARE
PROVIDER"  FOR  THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAP-
TER.
  9. MEDICAL MARIHUANA SHALL BE DISPENSED  TO  A  CERTIFIED  PATIENT  OR
DESIGNATED CAREGIVER IN A SEALED AND PROPERLY LABELED PACKAGE.
  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
OTHER PREMISES (WHICH SHALL BE SPECIFIED IN THE APPLICATION) AND  EQUIP-
MENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICATION;
  (III)  IS  ABLE  TO MAINTAIN EFFECTIVE SECURITY AND CONTROL TO PREVENT
DIVERSION, ABUSE, AND OTHER ILLEGAL CONDUCT RELATING TO THE MARIHUANA;

A. 6357--A                          9

  (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; AND
  (V)  HAS  ENTERED  INTO A LABOR PEACE AGREEMENT WITH A BONA-FIDE LABOR
ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR  ATTEMPTING  TO
REPRESENT  THE  APPLICANT'S EMPLOYEES.   THE MAINTENANCE OF SUCH A LABOR
PEACE AGREEMENT SHALL BE AN ONGOING MATERIAL CONDITION OF CERTIFICATION.
  (B) THE APPLICATION SHALL ESTABLISH THE APPLICANT'S STATUS UNDER PARA-
GRAPH (A) OR (B) 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 OF  A
FELONY  OR  HAD  A  REGISTRATION  OR LICENSE SUSPENDED OR REVOKED IN ANY
ADMINISTRATIVE OR JUDICIAL PROCEEDING; 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 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;
  (VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
TER; AND
  (VII)  THE  APPLICANT  HAS ENTERED INTO A LABOR PEACE AGREEMENT WITH A
BONA-FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR
ATTEMPTING TO REPRESENT THE APPLICANT'S EMPLOYEES.
  (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.

A. 6357--A                         10

  (C)  THE  FEE FOR A REGISTRATION UNDER THIS SECTION SHALL BE A REASON-
ABLE 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;
  (II) WHICH ACTIVITIES OF A REGISTERED ORGANIZATION  ARE  PERMITTED  BY
THE REGISTRATION;
  (III)  THE  LAND,  BUILDINGS  AND  FACILITIES THAT MAY BE USED FOR THE
PERMITTED ACTIVITIES OF THE REGISTERED ORGANIZATION; AND
  (IV) SUCH OTHER MATTERS AS THE COMMISSIONER SHALL  REASONABLY  PROVIDE
TO ASSURE COMPLIANCE WITH THIS TITLE.
  (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
OR FACILITIES. 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

A. 6357--A                         11

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;
  (III) IS AN APPLICANT UNDER 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; OR
  (IV) HAS EITHER VIOLATED OR TERMINATED ITS LABOR PEACE AGREEMENT.
  (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.
THE  DEPARTMENT SHALL SUSPEND OR TERMINATE THE REGISTRATION IN THE EVENT
THAT A REGISTERED ORGANIZATION VIOLATES  OR  TERMINATES  THE  APPLICABLE
LABOR  PEACE AGREEMENT. CONDUCT IN COMPLIANCE WITH THIS TITLE, BUT WHICH
MAY VIOLATE CONFLICTING FEDERAL LAW, SHALL NOT BE GROUNDS TO SUSPEND  OR
TERMINATE A REGISTRATION.
  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.
  9. THE COMMISSIONER SHALL DETERMINE THE APPROPRIATE NUMBER  OF  REGIS-
TERED  ORGANIZATIONS  AND  FACILITIES  TO  PROMOTE  REASONABLE ACCESS TO
MEDICAL MARIHUANA IN THE INTEREST OF CERTIFIED PATIENTS AND THE  PUBLIC.
DURING  THE  FIRST  TWO YEARS AFTER THIS TITLE TAKES EFFECT, THE COMMIS-
SIONER SHALL REGISTER NO MORE THAN  TEN  REGISTERED  ORGANIZATIONS  THAT
MANUFACTURE MEDICAL MARIHUANA.
  S  3366.  REPORTS  BY  REGISTERED  ORGANIZATIONS.  1. THE COMMISSIONER
SHALL, BY REGULATION,  REQUIRE  EACH  REGISTERED  ORGANIZATION  TO  FILE
REPORTS  BY THE REGISTERED ORGANIZATION DURING A PARTICULAR PERIOD.  THE
COMMISSIONER SHALL DETERMINE THE INFORMATION  TO  BE  REPORTED  AND  THE
FORMS, TIME, AND MANNER OF THE REPORTING.
  2.  THE  COMMISSIONER  SHALL,  BY  REGULATION, REQUIRE EACH REGISTERED
ORGANIZATION TO ADOPT AND MAINTAIN SECURITY, TRACKING,  RECORD  KEEPING,
RECORD RETENTION AND SURVEILLANCE SYSTEMS, RELATING TO ALL MEDICAL MARI-
HUANA AT EVERY STAGE OF ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIV-

A. 6357--A                         12

ERY,  TRANSPORTING, DISTRIBUTING, OR DISPENSING BY THE REGISTERED ORGAN-
IZATION, SUBJECT TO REGULATIONS OF THE COMMISSIONER.
  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.  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. 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.  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.
  3. 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.
  4.  PERSON MAY NOT BE DENIED MEDICAL CARE, INCLUDING ORGAN TRANSPLANT.
FOR THE  PURPOSES  OF  MEDICAL  CARE,  INCLUDING  ORGAN  TRANSPLANTS,  A
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.

A. 6357--A                         13

  5.  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.
  6.  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
HAS THE SAME FORCE AND EFFECT AS A REGISTRY IDENTIFICATION  CARD  ISSUED
BY  THE  DEPARTMENT,  SO  LONG  AS THE VISITING PATIENT'S CONDITION IS A
SERIOUS CONDITION, AS ATTESTED TO IN WRITING BY A PRACTITIONER. WHERE  A
REGISTERED  ORGANIZATION  DISPENSES MEDICAL MARIHUANA TO A PATIENT UNDER
THIS SUBDIVISION, A COPY OF THE ATTESTATION SHALL  BE  PROVIDED  TO  THE
REGISTERED ORGANIZATION.
  S  3369-A.  REGULATIONS. 1. THE COMMISSIONER SHALL MAKE REGULATIONS TO
IMPLEMENT THIS TITLE.
  2. ADVISORY COMMITTEE. THERE IS HEREBY ESTABLISHED IN  THE  DEPARTMENT
AN ADVISORY COMMITTEE ON MEDICAL USE OF MARIHUANA (THE "ADVISORY COMMIT-
TEE")  TO ADVISE THE COMMISSIONER ON MAKING REGULATIONS UNDER THIS TITLE
AND ON ANY MATTERS RELATING TO THE IMPLEMENTATION OF THIS TITLE  AS  THE
COMMISSIONER  SHALL DETERMINE. THE MEMBERS OF THE ADVISORY COMMITTEE AND
ANY SUBCOMMITTEE OF THE ADVISORY  COMMITTEE  ("SUBCOMMITTEE")  SHALL  BE
APPOINTED  BY THE COMMISSIONER AND INCLUDE BUT NOT BE LIMITED TO: HEALTH
CARE PRACTITIONERS, PATIENTS OR REPRESENTATIVES OF PATIENTS WITH SERIOUS
CONDITIONS, EXPERTS IN  THE  REGULATION  OF  CONTROLLED  SUBSTANCES  FOR
MEDICAL  USE,  MEDICAL MARIHUANA INDUSTRY PROFESSIONALS AND LAW ENFORCE-
MENT. THE COMMISSIONER MAY  ALSO  FORM  SUBCOMMITTEES  OF  THE  ADVISORY
COMMITTEE.  THE  COMMISSIONER  SHALL  FORM  A SUBCOMMITTEE TO ADVISE THE
COMMISSIONER ON CLINICAL MATTERS  RELATING  TO  MEDICAL  MARIHUANA,  THE
MEMBERS OF WHICH SHALL PREDOMINANTLY BE CLINICAL PROFESSIONALS IN APPRO-
PRIATE  AREAS  OF  EXPERTISE  AND  SHALL ALSO INCLUDE REPRESENTATIVES OF
PATIENTS AND THE GENERAL PUBLIC. MEMBERS OF A SUBCOMMITTEE NEED  NOT  BE
MEMBERS  OF THE ADVISORY COMMITTEE. MEMBERS OF THE ADVISORY COMMITTEE OR
A SUBCOMMITTEE SHALL SERVE AT THE PLEASURE OF THE COMMISSIONER.  MEMBERS
OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE MAY RECEIVE REIMBURSEMENT BY
THE  DEPARTMENT  FOR THEIR REASONABLE AND NECESSARY EXPENSES INCURRED AS
MEMBERS OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE. A  PUBLIC  EMPLOYEE
MAY BE A MEMBER OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE.
  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 3343-a of the public health law is amended  by  adding  a
new subdivision 8-a to read as follows:
  8-A.  MEDICAL  MARIHUANA.  AS  USED  IN  ANY PROVISION OF THIS ARTICLE
RELATING TO THE PRESCRIPTION MONITORING PROGRAM REGISTRY, THE  FOLLOWING
TERMS  SHALL  INCLUDE THE FOLLOWING IN RELATION TO MEDICAL MARIHUANA, IN
ADDITION TO THE MEANING EACH TERM WOULD OTHERWISE HAVE:
  (A) "PRESCRIPTION," "PRESCRIBE," AND  "PRESCRIBER,"  INCLUDE,  RESPEC-
TIVELY,  A  CERTIFICATION, THE ISSUING OF A CERTIFICATION, AND A PRACTI-
TIONER UNDER TITLE FIVE-A OF THIS ARTICLE.
  (B) "PHARMACY" INCLUDES A REGISTERED ORGANIZATION THAT  IS  AUTHORIZED
TO  DISPENSE  MEDICAL  MARIHUANA  UNDER  TITLE  FIVE-A  OF THIS ARTICLE;
PROVIDED THAT A REGISTERED ORGANIZATION THAT IS NOT A FACILITY  LICENSED

A. 6357--A                         14

UNDER  ARTICLE  TWENTY-EIGHT OF THIS CHAPTER OR A PHARMACY UNDER ARTICLE
ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW SHALL NOT BE AUTHORIZED TO
CONSULT THE REGISTRY OR ACCESS  PATIENT-SPECIFIC  INFORMATION  FROM  THE
REGISTRY, INCLUDING UNDER SUBDIVISION THREE OF THIS SECTION AND SUBDIVI-
SION  TWO  OF  SECTION THIRTY-THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE,
BUT SHALL REPORT INFORMATION TO THE REGISTRY, INCLUDING  UNDER  SUBDIVI-
SION FOUR OF SECTION THIRTY-THREE HUNDRED THIRTY-THREE OF THIS ARTICLE.
  (C)  "PATIENT-SPECIFIC INFORMATION," IN RELATION TO MEDICAL MARIHUANA,
SHALL NOT INCLUDE INFORMATION NOT REQUIRED TO BE INCLUDED IN  A  CERTIF-
ICATION UNDER TITLE FIVE-A OF THIS ARTICLE.
  (D)  "CONTROLLED  SUBSTANCE" INCLUDES MEDICAL MARIHUANA, REGARDLESS OF
WHETHER THE PROVISION IN WHICH THE TERM IS FOUND IS LIMITED TO SCHEDULES
OTHER THAN SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THIS  ARTI-
CLE.
  (E)  "MEDICAL MARIHUANA" MEANS MEDICAL MARIHUANA UNDER TITLE FIVE-A OF
THIS ARTICLE.
  S 4. The tax law is amended by adding a new article 20-B  to  read  as
follows:
                              ARTICLE 20-B
                        TAX ON MEDICAL MARIHUANA
SECTION 490. EXCISE TAX ON MEDICAL MARIHUANA.
  S  490.  EXCISE  TAX ON MEDICAL MARIHUANA. 1. ALL DEFINITIONS OF TERMS
APPLICABLE TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC  HEALTH
LAW SHALL APPLY TO THIS ARTICLE.
  2.  THERE  IS HEREBY LEVIED AND IMPOSED ON REGISTERED ORGANIZATIONS AN
EXCISE TAX ON ALL MEDICAL MARIHUANA SOLD TO ANOTHER REGISTERED ORGANIZA-
TION OR TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER. THE  EXCISE  TAX
SHALL BE AT THE FOLLOWING RATES:
  (A)  FOR  MEDICAL MARIHUANA MANUFACTURED BY A REGISTERED ORGANIZATION:
ONE HUNDRED TWENTY-FIVE DOLLARS  FOR  EACH  POUND  OR  PART  THEREOF  OF
MEDICAL MARIHUANA MANUFACTURED BY THE REGISTERED ORGANIZATION.
  (B)  FOR  MEDICAL MARIHUANA DISPENSED TO A CERTIFIED PATIENT OR DESIG-
NATED CAREGIVER: ONE HUNDRED TWENTY-FIVE DOLLARS FOR EACH POUND OR  PART
THEREOF  OF  MEDICAL  MARIHUANA  DISPENSED; PROVIDED THAT IF THE MEDICAL
MARIHUANA UNDER THIS PARAGRAPH WAS OBTAINED BY THE REGISTERED  ORGANIZA-
TION  FROM AN ENTITY THAT DID NOT PAY AN EXCISE TAX ATTRIBUTABLE TO THAT
MEDICAL MARIHUANA UNDER PARAGRAPH (A) OF THIS SUBDIVISION, THEN THE  TAX
UNDER THIS PARAGRAPH SHALL BE TWO HUNDRED FIFTY DOLLARS.
  3. TWENTY-FIVE PERCENT OF THE REVENUE RECEIVED BY THE DEPARTMENT SHALL
BE TRANSFERRED TO THE COUNTY IN WHICH THE MEDICAL MARIHUANA WAS MANUFAC-
TURED  (IN  THE CASE OF REVENUE RECEIVED UNDER PARAGRAPH (A) OF SUBDIVI-
SION TWO OF THIS SECTION) OR DISPENSED (IN THE CASE OF REVENUE  RECEIVED
UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION). FOR PURPOSES OF
THE  PREVIOUS  SENTENCE,  THE  CITY  OF NEW YORK SHALL BE DEEMED TO BE A
COUNTY. TWENTY-FIVE PERCENT OF THE REVENUE RECEIVED  BY  THE  DEPARTMENT
SHALL  BE TRANSFERRED TO THE CITY OR TOWN IN WHICH THE MEDICAL MARIHUANA
WAS MANUFACTURED (IN THE CASE OF REVENUE RECEIVED UNDER PARAGRAPH (A) OF
SUBDIVISION TWO OF THIS SECTION) OR DISPENSED (IN THE  CASE  OF  REVENUE
RECEIVED  UNDER  PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION). FIVE
PERCENT OF THE REVENUE RECEIVED BY THE DEPARTMENT SHALL  BE  TRANSFERRED
TO  THE  OFFICE  OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, WHICH SHALL
USE THAT REVENUE FOR ADDITIONAL DRUG ABUSE  PREVENTION,  COUNSELING  AND
TREATMENT SERVICES.
  4. THE COMMISSIONER SHALL MAKE REGULATIONS TO IMPLEMENT THIS ARTICLE.
  S  5.  Section  853 of the general business law is amended by adding a
new subdivision 3 to read as follows:

A. 6357--A                         15

  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  6.  Section 221.00 of the penal law, as added by chapter 360 of the
laws of 1977, is amended to read as follows:
S 221.00 Marihuana; definitions.
  Unless the context in which they are used clearly otherwise  requires,
the terms occurring in this article shall have the same meaning ascribed
to  them in article two hundred twenty of this chapter.  ANY ACT THAT IS
LAWFUL UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE  PUBLIC  HEALTH
LAW IS NOT A VIOLATION OF THIS ARTICLE.
  S  7. This act shall take effect immediately, provided that the amend-
ment to section 3343-a of the public health law made by section three of
this act shall take effect on the same date and in the  same  manner  as
section  2  of  part  A  of chapter 447 of the laws of 2012, as amended,
takes effect.

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A6357B - Bill Details

See Senate Version of this Bill:
S7923
Law Section:
Public Health Law
Laws Affected:
Add Art 33 Title 5-A §§3360 - 3369-e, amd §3371, Pub Health L; add Art 20-B §§490 & 491, amd §171-a, Tax L; add §89-h, St Fin L; amd §853, Gen Bus L; amd §221.00, add Art 179 §§179.00 - 179.15, Pen L; amd §§216.00 & 410.91, CP L

A6357B - Bill Texts

view summary

Relates to the medical use of marihuana; legalizes the possession, manufacture, use, delivery, transport or administration of medical marihuana by a 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 patient would receive therapeutic or palliative benefit from use of medical marihuana.

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

                                 6357--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced  by  M.  of A. GOTTFRIED, LUPARDO, CAHILL, CLARK, CYMBROWITZ,
  DINOWITZ, HEVESI, LAVINE, PAULIN, PEOPLES-STOKES,  ROSENTHAL,  TITONE,
  ARROYO,  BRONSON, BROOK-KRASNY, COOK, CRESPO, DenDEKKER, FAHY, JAFFEE,
  KAVANAGH, LIFTON, O'DONNELL, OTIS, RIVERA, ROBERTS, SKARTADOS,  STECK,
  WEPRIN,  ZEBROWSKI,  SEPULVEDA, KATZ -- Multi-Sponsored by -- M. of A.
  ABINANTI, AUBRY, BRAUNSTEIN, BRENNAN, BUCHWALD, FARRELL, GALEF, GLICK,
  HIKIND, JACOBS, KELLNER, MAGEE,  MARKEY,  McDONALD,  MILLMAN,  MOSLEY,
  MOYA, PERRY, PRETLOW, ROBINSON, RODRIGUEZ, SCARBOROUGH, SCHIMEL, SWEE-
  NEY,  WALTER,  WEISENBERG,  WRIGHT  --  read  once and referred to the
  Committee on Health -- reported and referred to the Committee on Codes
  -- reported and referred to the Committee on Ways and Means --  passed
  by  Assembly  and  delivered  to the Senate, recalled from the Senate,
  vote reconsidered, bill  amended,  ordered  reprinted,  retaining  its
  place on the order of third reading -- recommitted to the Committee on
  Health  in  accordance  with  Assembly  Rule 3, sec. 2 -- reported and
  referred to the Committee on Codes -- reported  and  referred  to  the
  Committee  on  Ways  and  Means -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, the tax law, the general business
  law and the penal 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 medical use of controlled substances  in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01604-14-4

A. 6357--B                          2

health  care,  including palliative care. This legislation establishes a
medical model of care which regulates medical marihuana as a recommended
medicine in keeping with recognized medical  public  health  and  safety
standards.  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 advocate,  authorize,  promote,
or  legally  or  socially  accept  the  use of marihuana 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  amend-
ment  of  the  United  States constitution. Furthermore, the legislature
finds that New York state has a significant  and  ongoing  economic  and
non-regulatory interest in the financial viability of organizations that
sell marihuana for medical use. The legislature finds that the financial
viability  of such organizations would be greatly diminished and threat-
ened by labor-management conflict, such as a strike at a  facility  that
cultivates  marihuana, especially because of the need for enhanced secu-
rity concerning the products. Replacements  during  a  strike  would  be
difficult  to arrange and cause delay far more significant than a strike
elsewhere. Accordingly, the legislature  finds  that  the  state  has  a
substantial  and  compelling  proprietary  interest  in this matter, and
finds that labor peace is essential  for  any  organization  to  conduct
business relating to the sale of medical marihuana.
  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; strong "seed to sale"  regulation  to
prevent  diversion,  abuse, and other illegal conduct; reasonable access
to and appropriate use of medical marihuana by certified patients; eval-
uation; 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.   EMERGENCY REGISTRATION OF REGISTERED ORGANIZATIONS.
        3367.   REPORTS BY REGISTERED ORGANIZATIONS.
        3368.   EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
        3369.   RELATION TO OTHER LAWS.
        3369-A. PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA.
        3369-B. REGULATIONS.
        3369-C. 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  THIS  TITLE,  INCLUDING ENABLING THE PATIENT TO TOLERATE
TREATMENT FOR THE SERIOUS CONDITION.

A. 6357--B                          3

  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. "PROVISIONAL CERTIFICATION" MEANS A PROVISIONAL CERTIFICATION  MADE
UNDER  SUBDIVISION SIX OF SECTION THIRTY-THREE HUNDRED SIXTY-ONE 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,  INCLUDING,  BUT  NOT LIMITED TO, CANCER, POSITIVE STATUS FOR
HUMAN IMMUNODEFICIENCY VIRUS OR  ACQUIRED  IMMUNE  DEFICIENCY  SYNDROME,
PARKINSON'S DISEASE, MULTIPLE SCLEROSIS, DAMAGE TO THE NERVOUS TISSUE OF
THE  SPINAL  CORD  WITH OBJECTIVE NEUROLOGICAL INDICATION OF INTRACTABLE
SPASTICITY,  EPILEPSY,  CACHEXIA,  WASTING  SYNDROME,  CROHN'S  DISEASE,
POST-TRAUMATIC   STRESS  DISORDER,  NEUROPATHY,  ARTHRITIS,  LUPUS,  AND
DIABETES, OR A CONDITION ASSOCIATED WITH OR A  COMPLICATION  OF  SUCH  A
CONDITION  OR  ITS  TREATMENT SUBJECT TO LIMITATION IN REGULATION OF THE
COMMISSIONER.
  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,   THIRTY-THREE   HUNDRED
SIXTY-FIVE AND THIRTY-THREE HUNDRED SIXTY-SIX 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.
  14. "TERMINALLY ILL" MEANS AN INDIVIDUAL HAS A MEDICAL PROGNOSIS  THAT
THE  INDIVIDUAL'S  LIFE  EXPECTANCY IS APPROXIMATELY ONE YEAR OR LESS IF
THE ILLNESS RUNS ITS NORMAL COURSE.
  15. "LABOR PEACE AGREEMENT" MEANS AN AGREEMENT BETWEEN AN ENTITY AND A
LABOR ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S  PROPRIETARY
INTERESTS  BY  PROHIBITING LABOR ORGANIZATIONS AND MEMBERS FROM ENGAGING
IN PICKETING, WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFER-
ENCE WITH THE REGISTERED ORGANIZATION'S BUSINESS.
  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; (C)  IN  THE
PRACTITIONER'S  PROFESSIONAL  OPINION,  THE PATIENT IS LIKELY TO RECEIVE

A. 6357--B                          4

THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE PRIMARY OR ADJUNCTIVE  TREAT-
MENT  WITH  MEDICAL  USE OF MARIHUANA FOR THE SERIOUS CONDITION; AND (D)
EITHER, AS SPECIFIED IN THE PATIENT'S  HEALTH  CARE  RECORD,  (I)  OTHER
TREATMENTS  APPROPRIATE FOR THE PATIENT AND THE PATIENT'S SERIOUS CONDI-
TION HAVE BEEN TRIED AND NOT BEEN EFFECTIVE,  OR  (II)  CLINICAL  TRIALS
HAVE BEEN SHOWN TO DEMONSTRATE COMPARABLE EFFICACY TO CURRENTLY ACCEPTED
TREATMENTS.
  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.  THE  PRACTITIONER  MAY
STATE  IN  THE  CERTIFICATION  THAT,  IN THE PRACTITIONER'S PROFESSIONAL
OPINION THE PATIENT WOULD BENEFIT FROM MEDICAL MARIHUANA  ONLY  UNTIL  A
SPECIFIED DATE. THE PRACTITIONER MAY STATE IN THE CERTIFICATION THAT, IN
THE  PRACTITIONER'S  PROFESSIONAL  OPINION THE PATIENT IS TERMINALLY ILL
AND THAT THE CERTIFICATION SHALL NOT EXPIRE UNTIL THE PATIENT DIES.
  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  NINETY  DAYS  AFTER  THE DATE THE CERTIFICATION IS SIGNED BY THE
PRACTITIONER; EXCEPT THAT WHERE A CERTIFIED PATIENT HAS A REGISTRY IDEN-
TIFICATION CARD BASED ON A CURRENT VALID CERTIFICATION, A  NEW  REGISTRY
IDENTIFICATION  CARD  BASED  ON  A NEW CERTIFICATION SHALL EXPIRE NINETY
DAYS AFTER THE EXPIRATION OF THE REGISTRY IDENTIFICATION CARD  BASED  ON
THE CURRENT VALID CERTIFICATION. HOWEVER,
  (A) IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT, IN THE PRAC-
TITIONER'S  PROFESSIONAL OPINION, THE PATIENT WOULD BENEFIT FROM MEDICAL
MARIHUANA ONLY UNTIL A SPECIFIED EARLIER DATE, THEN THE  REGISTRY  IDEN-
TIFICATION CARD SHALL EXPIRE ON THAT DATE;
  (B)  IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT IN THE PRAC-
TITIONER'S PROFESSIONAL OPINION THE PATIENT IS TERMINALLY ILL  AND  THAT
THE  CERTIFICATION  SHALL  NOT  EXPIRE  UNTIL THE PATIENT DIES, THEN THE
REGISTRY IDENTIFICATION CARD SHALL STATE THAT THE PATIENT IS  TERMINALLY
ILL  AND  THAT  THE REGISTRATION CARD SHALL NOT EXPIRE UNTIL THE PATIENT
DIES; AND
  (C) IF THE PRACTITIONER RE-ISSUES THE CERTIFICATION TO  TERMINATE  THE
CERTIFICATION  ON AN EARLIER DATE, THEN THE REGISTRY IDENTIFICATION CARD
SHALL EXPIRE ON THAT DATE AND SHALL BE PROMPTLY RETURNED BY  THE  CERTI-
FIED PATIENT TO THE DEPARTMENT.
  6. (A) A CERTIFICATION MAY BE A PROVISIONAL CERTIFICATION IF, IN ADDI-
TION  TO  THE  OTHER  REQUIREMENTS FOR A CERTIFICATION, THE PRACTITIONER
CERTIFIES IN THE CERTIFICATION THAT THE PATIENT'S SERIOUS  CONDITION  IS
PROGRESSIVE  AND  DEGENERATIVE  OR THAT DELAY IN THE PATIENT'S CERTIFIED
MEDICAL USE OF MARIHUANA POSES A SERIOUS RISK TO THE PATIENT'S  LIFE  OR
HEALTH.

A. 6357--B                          5

  (B)  THE  DEPARTMENT  SHALL, WITHIN THIRTY DAYS AFTER THIS SUBDIVISION
SHALL TAKE EFFECT, CREATE THE FORM TO BE USED FOR A PROVISIONAL  CERTIF-
ICATION  AND  SHALL  MAKE  THAT FORM AVAILABLE TO BE DOWNLOADED FROM THE
DEPARTMENT'S WEBSITE.
  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-
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.
  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 REGISTERED ORGANIZA-
TION UNDER THIS ARTICLE; NOR
  (B)  PREVENT  A DESIGNATED CAREGIVER FROM BEING REIMBURSED FOR REASON-
ABLE 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  ORGAN-
IZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-SEVEN 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, AMEND OR RENEW A REGISTRY IDENTIFICATION CARD, A CERTI-
FIED PATIENT OR DESIGNATED CAREGIVER SHALL FILE A  REGISTRY  APPLICATION
WITH  THE  DEPARTMENT.  THE  REGISTRY APPLICATION OR RENEWAL APPLICATION
SHALL INCLUDE:
  (A) IN THE CASE OF A CERTIFIED PATIENT, THE ORIGINAL PATIENT'S CERTIF-
ICATION (A NEW WRITTEN CERTIFICATION SHALL BE PROVIDED  WITH  A  RENEWAL
APPLICATION);
  (B) IN THE CASE OF A CERTIFIED PATIENT,
  (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT;
  (II) THE DATE OF THE CERTIFICATION;

A. 6357--B                          6

  (III)  IF  THE  PATIENT  HAS A REGISTRY IDENTIFICATION CARD BASED ON A
CURRENT VALID CERTIFICATION,  THE  REGISTRY  IDENTIFICATION  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 INFORMATION REQUIRED BY THE DEPART-
MENT;
  (C) IN THE CASE OF A CERTIFIED PATIENT, IF THE  PATIENT  DESIGNATES  A
DESIGNATED CAREGIVER, THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIG-
NATED  CAREGIVER,  AND OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED
BY THE DEPARTMENT; A CERTIFIED PATIENT MAY DESIGNATE UP  TO  TWO  DESIG-
NATED  CAREGIVERS;  EXCEPT  THAT  A CERTIFIED PATIENT MAY DESIGNATE MORE
THAN TWO CAREGIVERS IF THE ADDITIONAL  CAREGIVERS  ARE  MEMBERS  OF  THE
CERTIFIED PATIENT'S IMMEDIATE FAMILY OR PHYSICAL HOUSEHOLD;
  (D) IN THE CASE OF A DESIGNATED CAREGIVER,
  (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIGNATED CAREGIVER;
  (II)  IF  THE DESIGNATED CAREGIVER HAS A REGISTRY IDENTIFICATION CARD,
THE REGISTRY IDENTIFICATION NUMBER AND EXPIRATION DATE OF THAT  REGISTRY
IDENTIFICATION CARD; AND
  (III) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
MENT;
  (E)  A  STATEMENT  THAT  A  FALSE STATEMENT MADE IN THE APPLICATION IS
PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW;
  (F) THE DATE OF THE APPLICATION AND THE  SIGNATURE  OF  THE  CERTIFIED
PATIENT OR DESIGNATED CAREGIVER, AS THE CASE MAY BE; AND
  (G)  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. IF THE DEPARTMENT HAS NOT ESTABLISHED AND MADE AVAILABLE A FORM FOR
A  REGISTRY APPLICATION OR RENEWAL APPLICATION AND DETERMINED THE APPLI-
CATION FEE IF ANY, OR ESTABLISHED AND MADE AVAILABLE A FORM FOR A REGIS-
TRY APPLICATION OR RENEWAL APPLICATION AND  DETERMINED  THE  APPLICATION
FEE  FOR  A PROVISIONAL CERTIFICATION, THEN IN THE CASE OF A PROVISIONAL
CERTIFICATION, A REGISTRY APPLICATION OR RENEWAL APPLICATION THAT OTHER-
WISE CONFORMS WITH THE REQUIREMENTS OF THIS SECTION  SHALL  NOT  REQUIRE
THE USE OF A FORM OR THE PAYMENT OF AN APPLICATION FEE.
  4.  WHERE AN APPLICANT CHOOSES TO APPLY UNDER PROVISIONS OF THIS TITLE
RELATING TO A PROVISIONAL CERTIFICATION, REGULATIONS UNDER THIS  SECTION
MAY  REQUIRE THE APPLICANT TO SUBMIT ADDITIONAL DOCUMENTATION ESTABLISH-
ING THE CLINICAL BASIS FOR THE PROVISIONAL CERTIFICATION.
  5. 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.
  6.  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.

A. 6357--B                          7

  7.  NO PERSON MAY BE A DESIGNATED CAREGIVER FOR MORE THAN FIVE  CERTI-
FIED PATIENTS AT ONE TIME.
  8.  THE  DEPARTMENT SHALL ISSUE SEPARATE REGISTRY IDENTIFICATION CARDS
FOR CERTIFIED PATIENTS AND DESIGNATED CAREGIVERS WITHIN THIRTY  DAYS  OF
RECEIVING  A  COMPLETE  APPLICATION UNDER THIS SECTION, UNLESS IT DETER-
MINES THAT THE APPLICATION IS  INCOMPLETE  OR  FACIALLY  INACCURATE,  IN
WHICH CASE IT SHALL PROMPTLY NOTIFY THE APPLICANT.
  9.  IF THE APPLICATION OF A CERTIFIED PATIENT DESIGNATES AN INDIVIDUAL
AS A DESIGNATED CAREGIVER WHO IS NOT AUTHORIZED TO BE A DESIGNATED CARE-
GIVER, THAT PORTION OF THE APPLICATION SHALL BE DENIED BY THE DEPARTMENT
BUT THAT SHALL NOT AFFECT THE APPROVAL OF THE BALANCE  OF  THE  APPLICA-
TION.
  10. A REGISTRY IDENTIFICATION CARD SHALL:
  (A)  CONTAIN THE NAME OF THE CERTIFIED PATIENT OR THE DESIGNATED CARE-
GIVER AS THE CASE MAY BE;
  (B) CONTAIN THE DATE OF ISSUANCE AND EXPIRATION DATE OF  THE  REGISTRY
IDENTIFICATION CARD;
  (C) CONTAIN A REGISTRY IDENTIFICATION NUMBER FOR THE CERTIFIED PATIENT
OR  DESIGNATED  CAREGIVER, AS THE CASE MAY BE AND A REGISTRY IDENTIFICA-
TION NUMBER;
  (D) CONTAIN A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE REGISTRY  IDEN-
TIFICATION  CARD IS BEING ISSUED, WHICH SHALL BE OBTAINED BY THE DEPART-
MENT IN A MANNER SPECIFIED BY THE COMMISSIONER IN REGULATIONS; PROVIDED,
HOWEVER, THAT IF THE DEPARTMENT REQUIRES 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 PHOTO-
GRAPHS; AND
  (E) BE A SECURE DOCUMENT.
  11. 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.
  12. 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.
  13.  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.
  14. THE DEPARTMENT SHALL VERIFY TO LAW  ENFORCEMENT  PERSONNEL  IN  AN
APPROPRIATE CASE WHETHER A REGISTRY IDENTIFICATION CARD IS VALID.
  15.  IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WILLFULLY VIOLATES
ANY PROVISION OF THIS TITLE AS DETERMINED BY THE DEPARTMENT, HIS OR  HER

A. 6357--B                          8

REGISTRY  IDENTIFICATION  CARD  MAY BE SUSPENDED OR REVOKED.  THIS IS IN
ADDITION TO ANY OTHER PENALTY THAT MAY APPLY.
  16. (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) THIS PARAGRAPH SHALL APPLY ON AND AFTER THE  REGISTRY  IMPLEMENTA-
TION  DATE,  AND  SHALL APPLY BEFORE THE REGISTRY IMPLEMENTATION DATE IN
THE CASE OF A PROVISIONAL CERTIFICATION.  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 APPLI-
CATION,  TOGETHER  WITH  A  COPY  OF THE CERTIFICATION (IN THE CASE OF A
CERTIFIED PATIENT) AND A COPY OF THE LETTER OF RECEIPT FROM THE  DEPART-
MENT,  SHALL SERVE AS AND HAVE THE SAME EFFECT AS A REGISTRY IDENTIFICA-
TION CARD FOR THE CERTIFIED PATIENT OR  DESIGNATED  CAREGIVER,  PROVIDED
THAT A CERTIFICATION AND APPLICATION SHALL NOT SERVE AS A VALID REGISTRY
IDENTIFICATION  CARD  AFTER THE INITIAL THIRTY DAY PERIOD UNDER SUBDIVI-
SION EIGHT OF THIS SECTION.   THIS PARAGRAPH SHALL EXPIRE  AND  HAVE  NO
EFFECT ONE YEAR AFTER THE REGISTRY IMPLEMENTATION DATE.
  17.  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 FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER; OR
  (B) A FOR-PROFIT BUSINESS ENTITY OR NOT-FOR-PROFIT CORPORATION  ORGAN-
IZED  FOR  THE PURPOSE OF ACQUIRING, POSSESSING, MANUFACTURING, SELLING,
DELIVERING,  TRANSPORTING,  DISTRIBUTING  OR  DISPENSING  MARIHUANA  FOR
CERTIFIED MEDICAL USE.
  2.  THE ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIVERY, TRANSPORT-
ING, DISTRIBUTING OR DISPENSING OF MARIHUANA BY A  REGISTERED  ORGANIZA-
TION  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.  A  REGISTERED  ORGANIZATION  MAY  TRANSFER
POSSESSION  OF  MARIHUANA  TO, AND MAY RECOVER POSSESSION OF IT FROM, AN
ENTITY LICENSED BY THE DEPARTMENT  UNDER  SECTION  THIRTY-THREE  HUNDRED
TWENTY-FOUR OF THIS ARTICLE FOR PURPOSES OF CHEMICAL ANALYSIS.
  3.  (A)  A  REGISTERED ORGANIZATION MAY LAWFULLY, IN GOOD FAITH, SELL,
DELIVER, DISTRIBUTE OR DISPENSE 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 DESIG-
NATED CAREGIVER (IF ANY); THE DATE THE MARIHUANA WAS SOLD; AND THE QUAN-
TITY OF MARIHUANA SOLD. THE REGISTERED ORGANIZATION SHALL RETAIN A  COPY
OF THE REGISTRY IDENTIFICATION CARD AND THE RECEIPT FOR SIX YEARS.
  (B)  THE REGISTERED ORGANIZATION SHALL REPORT TO THE DEPARTMENT, UNDER
SECTIONS THIRTY-THREE  HUNDRED  THIRTY-THREE  AND  THIRTY-THREE  HUNDRED
FORTY-THREE-A  OF  THIS ARTICLE, THE INFORMATION REQUIRED TO BE INCLUDED
IN THE RECEIPT UNDER THIS SUBDIVISION.

A. 6357--B                          9

  4.  NO  REGISTERED  ORGANIZATION  MAY  SELL,  DELIVER,  DISTRIBUTE  OR
DISPENSE  TO ANY CERTIFIED PATIENT OR DESIGNATED CAREGIVER A QUANTITY OF
MEDICAL MARIHUANA LARGER  THAN  THAT  INDIVIDUAL  WOULD  BE  ALLOWED  TO
POSSESS UNDER THIS TITLE.
  5.  WHEN  A  REGISTERED  ORGANIZATION  SELLS, DELIVERS, DISTRIBUTES OR
DISPENSES MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR  DESIGNATED  CARE-
GIVER,  IT  SHALL PROVIDE TO THAT INDIVIDUAL A SAFETY INSERT, WHICH WILL
BE DEVELOPED 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 MARIHUA-
NA AND OBTAIN APPROPRIATE SERVICES OR TREATMENT  FOR PROBLEMATIC USAGE.
  6. MANUFACTURING OF MEDICAL MARIHUANA  BY  A  REGISTERED  ORGANIZATION
SHALL  ONLY  BE  DONE IN AN INDOOR, ENCLOSED, SECURE FACILITY, WHICH MAY
INCLUDE A GREENHOUSE.
  7. A REGISTERED ORGANIZATION SHALL DETERMINE THE QUALITY, SAFETY,  AND
CLINICAL  STRENGTH OF MEDICAL MARIHUANA MANUFACTURED OR DISPENSED BY THE
REGISTERED ORGANIZATION, AND SHALL PROVIDE DOCUMENTATION OF THAT  QUALI-
TY,  SAFETY AND CLINICAL STRENGTH TO THE DEPARTMENT AND TO ANY PERSON OR
ENTITY TO WHICH THE MEDICAL MARIHUANA IS SOLD OR DISPENSED.
  8. A REGISTERED ORGANIZATION SHALL BE DEEMED  TO  BE  A  "HEALTH  CARE
PROVIDER"  FOR  THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAP-
TER.
  9. MEDICAL MARIHUANA SHALL BE DISPENSED  TO  A  CERTIFIED  PATIENT  OR
DESIGNATED CAREGIVER IN A SEALED AND PROPERLY LABELED PACKAGE.
  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
OTHER PREMISES (WHICH SHALL BE SPECIFIED IN THE APPLICATION) AND  EQUIP-
MENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICATION;
  (III)  IS  ABLE  TO MAINTAIN EFFECTIVE SECURITY AND CONTROL TO PREVENT
DIVERSION, ABUSE, AND OTHER ILLEGAL CONDUCT RELATING TO THE MARIHUANA;
  (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; AND
  (V) HAS ENTERED INTO A LABOR PEACE AGREEMENT WITH  A  BONA-FIDE  LABOR
ORGANIZATION  THAT  IS ACTIVELY ENGAGED IN REPRESENTING OR ATTEMPTING TO
REPRESENT THE APPLICANT'S EMPLOYEES.  THE MAINTENANCE OF  SUCH  A  LABOR
PEACE AGREEMENT SHALL BE AN ONGOING MATERIAL CONDITION OF CERTIFICATION.
  (B) THE APPLICATION SHALL ESTABLISH THE APPLICANT'S STATUS UNDER PARA-
GRAPH  (A)  OR  (B)  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:

A. 6357--B                         10

  (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 OF A
FELONY OR HAD A REGISTRATION OR LICENSE  SUSPENDED  OR  REVOKED  IN  ANY
ADMINISTRATIVE OR JUDICIAL PROCEEDING; 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 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;
  (VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
TER; AND
  (VII) THE APPLICANT HAS ENTERED INTO A LABOR PEACE  AGREEMENT  WITH  A
BONA-FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR
ATTEMPTING TO REPRESENT THE APPLICANT'S EMPLOYEES.
  (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,
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;
  (II) WHICH ACTIVITIES OF A REGISTERED ORGANIZATION  ARE  PERMITTED  BY
THE REGISTRATION;
  (III)  THE  LAND,  BUILDINGS  AND  FACILITIES THAT MAY BE USED FOR THE
PERMITTED ACTIVITIES OF THE REGISTERED ORGANIZATION; AND
  (IV) SUCH OTHER MATTERS AS THE COMMISSIONER SHALL  REASONABLY  PROVIDE
TO ASSURE COMPLIANCE WITH THIS TITLE.
  (E)  UPON APPLICATION OF A REGISTERED ORGANIZATION, A REGISTRATION MAY
BE AMENDED TO ALLOW THE REGISTERED ORGANIZATION TO RELOCATE  WITHIN  THE

A. 6357--B                         11

STATE  OR  TO ADD OR DELETE PERMITTED REGISTERED ORGANIZATION ACTIVITIES
OR FACILITIES. 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.
  (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;
  (III)  IS  AN  APPLICANT UNDER SUBDIVISION ONE OF SECTION THIRTY-THREE
HUNDRED SIXTY-FOUR OF THIS TITLE, IN WHICH  CASE  THE  COMMISSIONER  MAY

A. 6357--B                         12

CONSIDER  WHETHER  THE  NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA IS
ADEQUATE OR EXCESSIVE TO REASONABLY SERVE THE AREA; OR
  (IV) HAS EITHER VIOLATED OR TERMINATED ITS LABOR PEACE AGREEMENT.
  (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.
THE  DEPARTMENT SHALL SUSPEND OR TERMINATE THE REGISTRATION IN THE EVENT
THAT A REGISTERED ORGANIZATION VIOLATES  OR  TERMINATES  THE  APPLICABLE
LABOR  PEACE AGREEMENT. CONDUCT IN COMPLIANCE WITH THIS TITLE, BUT WHICH
MAY VIOLATE CONFLICTING FEDERAL LAW, SHALL NOT BE GROUNDS TO SUSPEND  OR
TERMINATE A REGISTRATION.
  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.
  9. THE COMMISSIONER SHALL DETERMINE THE APPROPRIATE NUMBER  OF  REGIS-
TERED  ORGANIZATIONS  AND  FACILITIES  TO  PROMOTE  REASONABLE ACCESS TO
MEDICAL MARIHUANA IN THE INTEREST OF CERTIFIED PATIENTS AND THE  PUBLIC.
DURING  THE  FIRST  TWO YEARS AFTER THIS TITLE TAKES EFFECT, THE COMMIS-
SIONER SHALL REGISTER NO MORE THAN  TEN  REGISTERED  ORGANIZATIONS  THAT
MANUFACTURE MEDICAL MARIHUANA.
  S  3366.  EMERGENCY  REGISTRATION OF REGISTERED ORGANIZATIONS. 1.  THE
PURPOSE OF THIS SECTION IS TO EXPEDITE THE AVAILABILITY OF MEDICAL MARI-
HUANA TO AVOID SUFFERING AND LOSS OF LIFE, DURING THE PERIOD BEFORE FULL
IMPLEMENTATION OF AND PRODUCTION UNDER THIS  TITLE,  ESPECIALLY  IN  THE
CASE OF PATIENTS WHOSE SERIOUS CONDITION IS PROGRESSIVE AND DEGENERATIVE
OR  IS SUCH THAT DELAY IN THE PATIENT'S MEDICAL USE OF MARIHUANA POSES A
SERIOUS RISK TO THE PATIENT'S LIFE OR  HEALTH.  THE  COMMISSIONER  SHALL
IMPLEMENT  THIS SECTION AS EXPEDITIOUSLY AS POSSIBLE, INCLUDING BY EMER-
GENCY REGULATION.
  2. THE DEPARTMENT SHALL BEGIN ACCEPTING AND ACTING ON APPLICATIONS FOR
REGISTERED ORGANIZATIONS UNDER THIS SECTION NO  LATER  THAN  SIXTY  DAYS
AFTER THIS TITLE SHALL TAKE EFFECT.
  3.  FOR THE PURPOSES OF THIS SECTION, AND FOR SPECIFIED LIMITED TIMES,
THE COMMISSIONER MAY WAIVE OR MODIFY THE REQUIREMENTS  OF  THIS  ARTICLE
RELATING  TO  REGISTERED  ORGANIZATIONS, CONSISTENT WITH THE LEGISLATIVE
INTENT AND PURPOSE OF THIS TITLE AND THIS SECTION.  WHERE  A  REGISTERED
ORGANIZATION  OPERATES  IN  A  JURISDICTION  OTHER THAN THE STATE OF NEW
YORK, UNDER LICENSURE OR OTHER GOVERNMENTAL RECOGNITION OF  THAT  JURIS-
DICTION, AND THE LAWS OF THAT JURISDICTION ARE ACCEPTABLE TO THE COMMIS-
SIONER  AS  CONSISTENT  WITH  THE LEGISLATIVE INTENT AND PURPOSE OF THIS
TITLE AND THIS SECTION, THEN THE COMMISSIONER MAY ACCEPT THAT  LICENSURE
OR  RECOGNITION  AS  WHOLLY  OR PARTIALLY SATISFYING THE REQUIREMENTS OF
THIS TITLE, FOR PURPOSES OF THE REGISTRATION AND OPERATION OF THE REGIS-
TERED ORGANIZATION UNDER THIS SECTION.
  4. IN CONSIDERING APPLICATIONS FOR REGISTRATION  UNDER  THIS  SECTION,
THE COMMISSIONER SHALL GIVE PREFERENCE TO THE FOLLOWING:

A. 6357--B                         13

  (A)  APPLICANTS  THAT  ARE  CURRENTLY PRODUCING OR PROVIDING OR HAVE A
HISTORY OF PRODUCING OR PROVIDING MEDICAL MARIHUANA IN  OTHER  JURISDIC-
TIONS IN FULL COMPLIANCE WITH THE LAWS OF THE JURISDICTION;
  (B)  APPLICANTS  THAT ARE ABLE AND QUALIFIED TO BOTH PRODUCE, DISTRIB-
UTE, AND DISPENSE MEDICAL MARIHUANA TO  PATIENTS  EXPEDITIOUSLY  AND  IN
COMPLIANCE WITH THIS TITLE AND THIS SECTION; AND
  (C) APPLICANTS THAT PROPOSE LOCATIONS FOR DISPENSING BY THE REGISTERED
ORGANIZATION, WHICH ENSURE, TO THE GREATEST EXTENT POSSIBLE, THAT CERTI-
FIED PATIENTS THROUGHOUT THE STATE HAVE ACCESS TO A REGISTERED ORGANIZA-
TION.
  5.  THE  COMMISSIONER  MAY  LIMIT  REGISTERED ORGANIZATIONS REGISTERED
UNDER THIS SECTION TO SERVING PATIENTS WITH PROVISIONAL CERTIFICATIONS.
  6. A REGISTERED ORGANIZATION REGISTERED UNDER THIS SECTION  MAY  APPLY
TO  RECEIVE  OR  RENEW  REGISTRATION  UNDER SECTION THIRTY-THREE HUNDRED
SIXTY-FIVE OF THIS TITLE.
  S 3367. REPORTS  BY  REGISTERED  ORGANIZATIONS.  1.  THE  COMMISSIONER
SHALL,  BY  REGULATION,  REQUIRE  EACH  REGISTERED  ORGANIZATION TO FILE
REPORTS BY THE REGISTERED ORGANIZATION DURING A PARTICULAR PERIOD.   THE
COMMISSIONER  SHALL  DETERMINE  THE  INFORMATION  TO BE REPORTED AND THE
FORMS, TIME, AND MANNER OF THE REPORTING.
  2. THE COMMISSIONER SHALL,  BY  REGULATION,  REQUIRE  EACH  REGISTERED
ORGANIZATION  TO  ADOPT AND MAINTAIN SECURITY, TRACKING, RECORD KEEPING,
RECORD RETENTION AND SURVEILLANCE SYSTEMS, RELATING TO ALL MEDICAL MARI-
HUANA AT EVERY STAGE OF ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIV-
ERY, TRANSPORTING, DISTRIBUTING, OR DISPENSING BY THE REGISTERED  ORGAN-
IZATION, SUBJECT TO REGULATIONS OF THE COMMISSIONER.
  S  3368.  EVALUATION;  RESEARCH PROGRAMS; REPORT BY DEPARTMENT. 1. THE
COMMISSIONER MAY PROVIDE FOR THE ANALYSIS AND EVALUATION OF  THE  OPERA-
TION  OF THIS TITLE. THE COMMISSIONER MAY ENTER INTO AGREEMENTS WITH ONE
OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS OR OTHER ORGANIZATIONS, FOR
THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTATION AND EFFECTIVENESS
OF THIS TITLE.
  2. THE DEPARTMENT MAY DEVELOP, SEEK  ANY  NECESSARY  FEDERAL  APPROVAL
FOR, AND CARRY OUT RESEARCH PROGRAMS RELATING TO MEDICAL USE OF MARIHUA-
NA.    PARTICIPATION  IN ANY SUCH RESEARCH PROGRAM SHALL BE VOLUNTARY ON
THE PART OF PRACTITIONERS, PATIENTS, AND DESIGNATED CAREGIVERS.
  3. THE DEPARTMENT SHALL REPORT EVERY TWO YEARS,  BEGINNING  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  3369. RELATION TO OTHER LAWS. 1. (A) 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.
  (B) MEDICAL MARIHUANA SHALL NOT BE DEEMED A DRUG FOR PURPOSES OF ARTI-
CLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW (PHARMACY).
  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

A. 6357--B                         14

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. 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.
  3.  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.
  4. PERSON MAY NOT BE DENIED MEDICAL CARE, INCLUDING ORGAN  TRANSPLANT.
FOR  THE  PURPOSES  OF  MEDICAL  CARE,  INCLUDING  ORGAN  TRANSPLANTS, A
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.
  5. 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.
  6. 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
HAS  THE  SAME FORCE AND EFFECT AS A REGISTRY IDENTIFICATION CARD ISSUED
BY THE DEPARTMENT, SO LONG AS THE  VISITING  PATIENT'S  CONDITION  IS  A
SERIOUS  CONDITION, AS ATTESTED TO IN WRITING BY A PRACTITIONER. WHERE A
REGISTERED ORGANIZATION DISPENSES MEDICAL MARIHUANA TO A  PATIENT  UNDER
THIS  SUBDIVISION,  A  COPY  OF THE ATTESTATION SHALL BE PROVIDED TO THE
REGISTERED ORGANIZATION.
  S 3369-B. REGULATIONS. 1. THE COMMISSIONER SHALL MAKE  REGULATIONS  TO
IMPLEMENT THIS TITLE.
  2.  ADVISORY  COMMITTEE. THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT
AN ADVISORY COMMITTEE ON MEDICAL USE OF MARIHUANA (THE "ADVISORY COMMIT-
TEE") TO ADVISE THE COMMISSIONER ON MAKING REGULATIONS UNDER THIS  TITLE
AND  ON  ANY MATTERS RELATING TO THE IMPLEMENTATION OF THIS TITLE AS THE
COMMISSIONER SHALL DETERMINE. THE MEMBERS OF THE ADVISORY COMMITTEE  AND
ANY  SUBCOMMITTEE  OF  THE  ADVISORY COMMITTEE ("SUBCOMMITTEE") SHALL BE
APPOINTED BY THE COMMISSIONER AND INCLUDE BUT NOT BE LIMITED TO:  HEALTH
CARE PRACTITIONERS, PATIENTS OR REPRESENTATIVES OF PATIENTS WITH SERIOUS
CONDITIONS,  EXPERTS  IN  THE  REGULATION  OF  CONTROLLED SUBSTANCES FOR
MEDICAL USE, MEDICAL MARIHUANA INDUSTRY PROFESSIONALS AND  LAW  ENFORCE-
MENT.  THE  COMMISSIONER  MAY  ALSO  FORM  SUBCOMMITTEES OF THE ADVISORY
COMMITTEE. THE COMMISSIONER SHALL FORM  A  SUBCOMMITTEE  TO  ADVISE  THE
COMMISSIONER  ON  CLINICAL  MATTERS  RELATING  TO MEDICAL MARIHUANA, THE

A. 6357--B                         15

MEMBERS OF WHICH SHALL PREDOMINANTLY BE CLINICAL PROFESSIONALS IN APPRO-
PRIATE AREAS OF EXPERTISE AND  SHALL  ALSO  INCLUDE  REPRESENTATIVES  OF
PATIENTS  AND  THE GENERAL PUBLIC. MEMBERS OF A SUBCOMMITTEE NEED NOT BE
MEMBERS  OF THE ADVISORY COMMITTEE. MEMBERS OF THE ADVISORY COMMITTEE OR
A SUBCOMMITTEE SHALL SERVE AT THE PLEASURE OF THE COMMISSIONER.  MEMBERS
OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE MAY RECEIVE REIMBURSEMENT BY
THE  DEPARTMENT  FOR THEIR REASONABLE AND NECESSARY EXPENSES INCURRED AS
MEMBERS OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE. A  PUBLIC  EMPLOYEE
MAY BE A MEMBER OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE.
  S 3369-C. 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 3343-a of the public health law is amended  by  adding  a
new subdivision 8-a to read as follows:
  8-A.  MEDICAL  MARIHUANA.  AS  USED  IN  ANY PROVISION OF THIS ARTICLE
RELATING TO THE PRESCRIPTION MONITORING PROGRAM REGISTRY, THE  FOLLOWING
TERMS  SHALL  INCLUDE THE FOLLOWING IN RELATION TO MEDICAL MARIHUANA, IN
ADDITION TO THE MEANING EACH TERM WOULD OTHERWISE HAVE:
  (A) "PRESCRIPTION," "PRESCRIBE," AND  "PRESCRIBER,"  INCLUDE,  RESPEC-
TIVELY,  A  CERTIFICATION, THE ISSUING OF A CERTIFICATION, AND A PRACTI-
TIONER UNDER TITLE FIVE-A OF THIS ARTICLE.
  (B) "PHARMACY" INCLUDES A REGISTERED ORGANIZATION THAT  IS  AUTHORIZED
TO  DISPENSE  MEDICAL  MARIHUANA  UNDER  TITLE  FIVE-A  OF THIS ARTICLE;
PROVIDED THAT A REGISTERED ORGANIZATION THAT IS NOT A FACILITY  LICENSED
UNDER  ARTICLE  TWENTY-EIGHT OF THIS CHAPTER OR A PHARMACY UNDER ARTICLE
ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW SHALL NOT BE AUTHORIZED TO
CONSULT THE REGISTRY OR ACCESS  PATIENT-SPECIFIC  INFORMATION  FROM  THE
REGISTRY, INCLUDING UNDER SUBDIVISION THREE OF THIS SECTION AND SUBDIVI-
SION  TWO  OF  SECTION THIRTY-THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE,
BUT SHALL REPORT INFORMATION TO THE REGISTRY, INCLUDING  UNDER  SUBDIVI-
SION FOUR OF SECTION THIRTY-THREE HUNDRED THIRTY-THREE OF THIS ARTICLE.
  (C)  "PATIENT-SPECIFIC INFORMATION," IN RELATION TO MEDICAL MARIHUANA,
SHALL NOT INCLUDE INFORMATION NOT REQUIRED TO BE INCLUDED IN  A  CERTIF-
ICATION UNDER TITLE FIVE-A OF THIS ARTICLE.
  (D)  "CONTROLLED  SUBSTANCE" INCLUDES MEDICAL MARIHUANA, REGARDLESS OF
WHETHER THE PROVISION IN WHICH THE TERM IS FOUND IS LIMITED TO SCHEDULES
OTHER THAN SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THIS  ARTI-
CLE.
  (E)  "MEDICAL MARIHUANA" MEANS MEDICAL MARIHUANA UNDER TITLE FIVE-A OF
THIS ARTICLE.
  S 4. The tax law is amended by adding a new article 20-B  to  read  as
follows:
                              ARTICLE 20-B
                        TAX ON MEDICAL MARIHUANA
SECTION 490. EXCISE TAX ON MEDICAL MARIHUANA.
  S  490.  EXCISE  TAX ON MEDICAL MARIHUANA. 1. ALL DEFINITIONS OF TERMS
APPLICABLE TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC  HEALTH
LAW SHALL APPLY TO THIS ARTICLE.
  2.  THERE  IS HEREBY LEVIED AND IMPOSED ON REGISTERED ORGANIZATIONS AN
EXCISE TAX ON ALL MEDICAL MARIHUANA SOLD TO ANOTHER REGISTERED ORGANIZA-
TION OR TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER. THE  EXCISE  TAX
SHALL  BE  AT THE RATE OF TEN PERCENT OF THE RETAIL PRICE OF THE MEDICAL
MARIHUANA DISPENSED.

A. 6357--B                         16

  3. SEVEN AND FIVE-TENTHS  PERCENT  OF  THE  REVENUE  RECEIVED  BY  THE
DEPARTMENT SHALL BE TRANSFERRED TO THE COUNTY IN WHICH THE MEDICAL MARI-
HUANA  WAS MANUFACTURED AND SEVEN AND FIVE-TENTHS PERCENT OF THE REVENUE
RECEIVED BY THE DEPARTMENT SHALL BE TRANSFERRED TO THE COUNTY  IN  WHICH
THE  MEDICAL  MARIHUANA WAS DISPENSED. FOR PURPOSES OF THIS SUBDIVISION,
THE CITY OF NEW YORK SHALL BE DEEMED TO BE A COUNTY. FIVE PERCENT OF THE
REVENUE RECEIVED BY THE DEPARTMENT SHALL BE TRANSFERRED TO THE OFFICE OF
ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, WHICH SHALL  USE  THAT  REVENUE
FOR ADDITIONAL DRUG ABUSE PREVENTION, COUNSELING AND TREATMENT SERVICES.
  4.  A  REGISTERED  ORGANIZATION THAT DISPENSES MEDICAL MARIHUANA SHALL
PROVIDE TO THE DEPARTMENT INFORMATION ON WHERE THE MEDICAL MARIHUANA WAS
DISPENSED AND WHERE THE MEDICAL MARIHUANA WAS MANUFACTURED. A REGISTERED
ORGANIZATION THAT OBTAINS MARIHUANA FROM ANOTHER REGISTERED ORGANIZATION
SHALL OBTAIN FROM SUCH REGISTERED ORGANIZATION INFORMATION ON WHERE  THE
MEDICAL MARIHUANA WAS MANUFACTURED.
  5. THE COMMISSIONER SHALL MAKE REGULATIONS TO IMPLEMENT THIS ARTICLE.
  S  5.  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  6.  Section 221.00 of the penal law, as added by chapter 360 of the
laws of 1977, is amended to read as follows:
S 221.00 Marihuana; definitions.
  Unless the context in which they are used clearly otherwise  requires,
the terms occurring in this article shall have the same meaning ascribed
to  them in article two hundred twenty of this chapter.  ANY ACT THAT IS
LAWFUL UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE  PUBLIC  HEALTH
LAW IS NOT A VIOLATION OF THIS ARTICLE.
  S 7. This act shall take effect immediately.

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A6357C - Bill Details

See Senate Version of this Bill:
S7923
Law Section:
Public Health Law
Laws Affected:
Add Art 33 Title 5-A §§3360 - 3369-e, amd §3371, Pub Health L; add Art 20-B §§490 & 491, amd §171-a, Tax L; add §89-h, St Fin L; amd §853, Gen Bus L; amd §221.00, add Art 179 §§179.00 - 179.15, Pen L; amd §§216.00 & 410.91, CP L

A6357C - Bill Texts

view summary

Relates to the medical use of marihuana; legalizes the possession, manufacture, use, delivery, transport or administration of medical marihuana by a 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 patient would receive therapeutic or palliative benefit from use of medical marihuana.

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

                                 6357--C
                                                            R. R. 41

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced  by  M.  of A. GOTTFRIED, LUPARDO, CAHILL, CLARK, CYMBROWITZ,
  DINOWITZ, HEVESI, LAVINE, PAULIN, PEOPLES-STOKES,  ROSENTHAL,  TITONE,
  ARROYO,  BRONSON, BROOK-KRASNY, COOK, CRESPO, DenDEKKER, FAHY, JAFFEE,
  KAVANAGH, LIFTON, O'DONNELL, OTIS, RIVERA, ROBERTS, SKARTADOS,  STECK,
  WEPRIN, ZEBROWSKI, SEPULVEDA, KATZ, MILLER -- Multi-Sponsored by -- M.
  of A.  ABINANTI, AUBRY, BRAUNSTEIN, BRENNAN, BUCHWALD, FARRELL, GALEF,
  GLICK,  HIKIND,  JACOBS,  KELLNER,  MAGEE,  MARKEY, McDONALD, MILLMAN,
  MOSLEY, MOYA, PERRY, PRETLOW, ROBINSON, RODRIGUEZ, SCARBOROUGH,  SCHI-
  MEL,  SWEENEY, WALTER, WEISENBERG, WRIGHT -- read once and referred to
  the Committee on Health -- reported and referred to the  Committee  on
  Codes  --  reported and referred to the Committee on Ways and Means --
  passed by Assembly and delivered to  the  Senate,  recalled  from  the
  Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
  its place on the order of third reading -- recommitted to the  Commit-
  tee  on  Health in accordance with Assembly Rule 3, sec. 2 -- reported
  and referred to the Committee on Codes -- reported and referred to the
  Committee on Ways and Means --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  reported and referred to the Committee on Rules -- passed by  Assembly
  and  delivered to the Senate, recalled from the Senate, vote reconsid-
  ered, bill amended, ordered reprinted,  retaining  its  place  on  the
  special order of third reading

AN ACT to amend the public health law, the tax law, the general business
  law and the penal 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01604-18-4

A. 6357--C                          2

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 medical use of controlled substances in
health care, including palliative care. This legislation  establishes  a
medical model of care which regulates medical marihuana as a recommended
medicine  in  keeping  with  recognized medical public health and safety
standards. 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 advocate, authorize, promote,
or legally or socially accept the  use  of  marihuana  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 amend-
ment of the United States  constitution.  Furthermore,  the  legislature
finds  that  New  York  state has a significant and ongoing economic and
non-regulatory interest in the financial viability of organizations that
sell marihuana for medical use. The legislature finds that the financial
viability of such organizations would be greatly diminished and  threat-
ened  by  labor-management conflict, such as a strike at a facility that
cultivates marihuana, especially because of the need for enhanced  secu-
rity  concerning  the  products.  Replacements  during a strike would be
difficult to arrange and cause delay far more significant than a  strike
elsewhere.  Accordingly,  the  legislature  finds  that  the state has a
substantial and compelling proprietary  interest  in  this  matter,  and
finds  that  labor  peace  is  essential for any organization to conduct
business relating to the sale of medical marihuana.
  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; strong "seed to sale" regulation to
prevent diversion, abuse, and other illegal conduct;  reasonable  access
to and appropriate use of medical marihuana by certified patients; eval-
uation; 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.   EXPEDITED REGISTRATION OF REGISTERED ORGANIZATIONS.
        3367.   REPORTS BY REGISTERED ORGANIZATIONS.
        3368.   EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
        3369.   RELATION TO OTHER LAWS.
        3369-A. PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA.
        3369-B. REGULATIONS.
        3369-C. 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

A. 6357--C                          3

THE  TREATMENT OF THE PATIENT'S SERIOUS CONDITION SPECIFIED IN A CERTIF-
ICATION UNDER 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, INCLUDING: CANCER, POSITIVE STATUS FOR HUMAN IMMUNODEFICIENCY
VIRUS OR ACQUIRED IMMUNE DEFICIENCY SYNDROME, AMYOTROPHIC LATERAL SCLER-
OSIS,  ALZHEIMER'S  DISEASE,  MUSCULAR DYSTROPHY, TRAUMATIC BRAIN INJURY
AND POST-CONCUSSION SYNDROME, DYSTONIA,  PARKINSON'S  DISEASE,  MULTIPLE
SCLEROSIS,  DAMAGE  TO THE NERVOUS TISSUE OF THE SPINAL CORD WITH OBJEC-
TIVE NEUROLOGICAL INDICATION OF INTRACTABLE SPASTICITY, EPILEPSY, CACHE-
XIA, WASTING SYNDROME, CROHN'S DISEASE, POST-TRAUMATIC STRESS  DISORDER,
NEUROPATHY,  RHEUMATOID  ARTHRITIS,  LUPUS,  HUNTINGTON'S  DISEASE,  AND
DIABETES, OR A CONDITION ASSOCIATED WITH OR A  COMPLICATION  OF  SUCH  A
CONDITION  OR ITS TREATMENT, OR ANY OTHER CONDITION THAT IS ADDED BY THE
COMMISSIONER AND THE ADVISORY COMMITTEE PURSUANT TO SECTION THIRTY-THREE
HUNDRED SIXTY-NINE-B OF THIS TITLE.
  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, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, FORMS
THAT ARE EXTRACTS, VAPORIZABLE MATERIAL, OR PRODUCTS THAT ARE INFUSED OR
COMBINED  WITH  MARIHUANA, BUT SPECIFICALLY EXCLUDES CONFECTIONS, CARBO-
NATED BEVERAGES, AND PRODUCTS THAT ARE MARKETED TOWARDS MINOR CHILDREN.
  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.
  13.  "TERMINALLY ILL" MEANS AN INDIVIDUAL HAS A MEDICAL PROGNOSIS THAT
THE INDIVIDUAL'S LIFE EXPECTANCY IS APPROXIMATELY ONE YEAR  OR  LESS  IF
THE ILLNESS RUNS ITS NORMAL COURSE.
  14. "LABOR PEACE AGREEMENT" MEANS AN AGREEMENT BETWEEN AN ENTITY AND A
LABOR  ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S PROPRIETARY
INTERESTS BY PROHIBITING LABOR ORGANIZATIONS AND MEMBERS  FROM  ENGAGING
IN PICKETING, WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFER-
ENCE WITH THE REGISTERED ORGANIZATION'S BUSINESS.

A. 6357--C                          4

  15.  "INDIVIDUAL DOSE" MEANS A SINGLE MEASURE OF RAW MEDICAL MARIHUANA
OR NON-INFUSED CONCENTRATES TO BE DETERMINED AND CLEARLY IDENTIFIED BY A
PATIENT'S PRACTITIONER FOR THE PATIENT'S SPECIFIC  CERTIFIED  CONDITION.
FOR  INGESTIBLE OR SUB-LINGUAL MEDICAL MARIHUANA PRODUCTS, NO INDIVIDUAL
DOSE MAY CONTAIN MORE THAN TEN MILLIGRAMS OF TETRAHYDRACANABINOL.
  16.  "SPECIAL  CERTIFICATION" MEANS A SPECIAL CERTIFICATION MADE UNDER
SUBDIVISION SIX OF SECTION THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
  17. "FORM OF MEDICAL MARIHUANA" MEANS CHARACTERISTICS OF  THE  MEDICAL
MARIHUANA  RECOMMENDED  OR  LIMITED  FOR A PARTICULAR CERTIFIED PATIENT,
INCLUDING THE METHOD OF CONSUMPTION AND ANY PARTICULAR STRAIN,  VARIETY,
AND QUANTITY OR PERCENTAGE OF MARIHUANA OR PARTICULAR ACTIVE INGREDIENT.
  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, AND ANY SPECIFICATION OR LIMITATION
OF THE FORM OF MEDICAL MARIHUANA RECOMMENDED; (C) THE DATE; AND (D)  THE
NAME,  ADDRESS,  FEDERAL  REGISTRATION NUMBER, TELEPHONE NUMBER, AND THE
HANDWRITTEN 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. THE PRAC-
TITIONER  MAY  STATE  IN  THE  CERTIFICATION THAT, IN THE PRACTITIONER'S
PROFESSIONAL OPINION THE PATIENT WOULD BENEFIT  FROM  MEDICAL  MARIHUANA
ONLY  UNTIL  A SPECIFIED DATE. THE PRACTITIONER MAY STATE IN THE CERTIF-
ICATION THAT, IN THE PRACTITIONER'S PROFESSIONAL OPINION THE PATIENT  IS
TERMINALLY  ILL  AND  THAT  THE CERTIFICATION SHALL NOT EXPIRE UNTIL THE
PATIENT DIES.
  3. IN MAKING A CERTIFICATION, THE PRACTITIONER SHALL CONSIDER THE FORM
OF MEDICAL MARIHUANA THE PATIENT SHOULD CONSUME, INCLUDING THE METHOD OF
CONSUMPTION AND ANY PARTICULAR STRAIN, VARIETY, AND QUANTITY OR PERCENT-
AGE OF  MARIHUANA  OR  PARTICULAR  ACTIVE  INGREDIENT,  AND  APPROPRIATE
DOSAGE.  THE  CERTIFICATION SHALL STATE ANY RECOMMENDATION OR LIMITATION
THE PRACTITIONER CHOOSES TO MAKE, IN HIS OR  HER  PROFESSIONAL  OPINION,
CONCERNING  THE  APPROPRIATE  FORM  OR  FORMS  OF  MEDICAL MARIHUANA AND
DOSAGE, FOR THE CERTIFIED PATIENT.
  4. THE PRACTITIONER SHALL GIVE  THE  CERTIFICATION  TO  THE  CERTIFIED
PATIENT, AND PLACE A COPY IN THE PATIENT'S HEALTH CARE RECORD.
  5.  NO PRACTITIONER SHALL ISSUE A CERTIFICATION UNDER THIS SECTION FOR
HIMSELF OR HERSELF.
  6. 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

A. 6357--C                          5

THE EXPIRATION OF THE REGISTRY IDENTIFICATION CARD BASED ON THE  CURRENT
VALID CERTIFICATION. HOWEVER,
  (A) IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT, IN THE PRAC-
TITIONER'S  PROFESSIONAL OPINION, THE PATIENT WOULD BENEFIT FROM MEDICAL
MARIHUANA ONLY UNTIL A SPECIFIED EARLIER DATE, THEN THE  REGISTRY  IDEN-
TIFICATION CARD SHALL EXPIRE ON THAT DATE;
  (B)  IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT IN THE PRAC-
TITIONER'S PROFESSIONAL OPINION THE PATIENT IS TERMINALLY ILL  AND  THAT
THE  CERTIFICATION  SHALL  NOT  EXPIRE  UNTIL THE PATIENT DIES, THEN THE
REGISTRY IDENTIFICATION CARD SHALL STATE THAT THE PATIENT IS  TERMINALLY
ILL  AND  THAT  THE REGISTRATION CARD SHALL NOT EXPIRE UNTIL THE PATIENT
DIES;
  (C) IF THE PRACTITIONER RE-ISSUES THE CERTIFICATION TO  TERMINATE  THE
CERTIFICATION  ON AN EARLIER DATE, THEN THE REGISTRY IDENTIFICATION CARD
SHALL EXPIRE ON THAT DATE AND SHALL BE PROMPTLY RETURNED BY  THE  CERTI-
FIED PATIENT TO THE DEPARTMENT; AND
  (D) IF THE CERTIFICATION SO PROVIDES, THE REGISTRY IDENTIFICATION CARD
SHALL  STATE  ANY RECOMMENDATION OR LIMITATION BY THE PRACTITIONER AS TO
THE FORM OR FORMS OF MEDICAL  MARIHUANA  OR  DOSAGE  FOR  THE  CERTIFIED
PATIENT.
  7.  (A) A CERTIFICATION MAY BE A SPECIAL CERTIFICATION IF, IN ADDITION
TO THE OTHER REQUIREMENTS FOR A CERTIFICATION, THE  PRACTITIONER  CERTI-
FIES  IN  THE  CERTIFICATION  THAT  THE  PATIENT'S  SERIOUS CONDITION IS
PROGRESSIVE AND DEGENERATIVE OR THAT DELAY IN  THE  PATIENT'S  CERTIFIED
MEDICAL  USE  OF MARIHUANA POSES A SERIOUS RISK TO THE PATIENT'S LIFE OR
HEALTH.
  (B) THE DEPARTMENT SHALL, WITHIN THIRTY DAYS AFTER THE EFFECTIVE  DATE
OF  THIS  SUBDIVISION,  CREATE THE FORM TO BE USED FOR A SPECIAL CERTIF-
ICATION AND SHALL MAKE THAT FORM AVAILABLE TO  BE  DOWNLOADED  FROM  THE
DEPARTMENT'S WEBSITE.
  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 WEIGHT OF TWO AND ONE-HALF OUNCES OF MARIHUANA PER
THIRTY DAY PERIOD; 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; AND
  (C)  THE  FORM  OR FORMS OF MEDICAL MARIHUANA THAT MAY BE POSSESSED BY
THE CERTIFIED PATIENT OR DESIGNATED  CAREGIVER  PURSUANT  TO  A  CERTIF-
ICATION  SHALL BE IN COMPLIANCE WITH ANY RECOMMENDATION OR LIMITATION BY
THE PRACTITIONER AS TO THE FORM OR FORMS OF MEDICAL MARIHUANA OR  DOSAGE
FOR THE CERTIFIED PATIENT IN THE CERTIFICATION.
  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, REGARDLESS OF THE
FORM OF MEDICAL MARIHUANA STATED IN THE PATIENT'S CERTIFICATION;
  (B) MEDICAL MARIHUANA MAY NOT BE SMOKED IN ANY PLACE WHERE TOBACCO MAY
NOT BE SMOKED UNDER ARTICLE THIRTEEN-E OF THIS  CHAPTER,  REGARDLESS  OF
THE FORM OF MEDICAL MARIHUANA STATED IN THE PATIENT'S CERTIFICATION; AND

A. 6357--C                          6

  (C)  MEDICAL  MARIHUANA  MAY  NOT BE SMOKED BY ANYONE UNDER THE AGE OF
TWENTY-ONE. THIS SHALL NOT PRECLUDE THE USE  OF  ANY  VAPORIZED  MEDICAL
MARIHUANA.
  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 REGISTERED ORGANIZA-
TION UNDER THIS ARTICLE; NOR
  (B)  PREVENT  A DESIGNATED CAREGIVER FROM BEING REIMBURSED FOR REASON-
ABLE 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  ORGAN-
IZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-SEVEN OF THIS TITLE.
  S  3363.  REGISTRY  IDENTIFICATION  CARDS.    1.  UPON APPROVAL OF THE
CERTIFICATION, THE DEPARTMENT SHALL ISSUE REGISTRY IDENTIFICATION  CARDS
FOR CERTIFIED PATIENTS AND DESIGNATED CAREGIVERS. A REGISTRY IDENTIFICA-
TION  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 APPLICATION, IN WHICH CASE THE DEPART-
MENT SHALL PROVIDE THE FORM ON REQUEST, REPRODUCTIONS OF THE FORM MAY BE
USED,  AND  THE FORM SHALL BE AVAILABLE FOR DOWNLOADING FROM THE DEPART-
MENT'S WEBSITE.
  2. TO OBTAIN, AMEND OR RENEW A REGISTRY IDENTIFICATION CARD, A  CERTI-
FIED  PATIENT  OR DESIGNATED CAREGIVER SHALL FILE A REGISTRY APPLICATION
WITH THE DEPARTMENT. THE REGISTRY  APPLICATION  OR  RENEWAL  APPLICATION
SHALL INCLUDE:
  (A) IN THE CASE OF A CERTIFIED PATIENT, THE ORIGINAL PATIENT'S CERTIF-
ICATION  (A  NEW  WRITTEN CERTIFICATION SHALL BE PROVIDED WITH A RENEWAL
APPLICATION);
  (B) IN THE CASE OF A CERTIFIED PATIENT,
  (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT;
  (II) THE DATE OF THE CERTIFICATION;
  (III) IF THE PATIENT HAS A REGISTRY IDENTIFICATION  CARD  BASED  ON  A
CURRENT  VALID  CERTIFICATION,  THE  REGISTRY  IDENTIFICATION 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;
  (VI) ANY RECOMMENDATION OR LIMITATION BY THE PRACTITIONER  AS  TO  THE
FORM  OR FORMS OF MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED PATIENT;
AND
  (VII) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
MENT;
  (C) IN THE CASE OF A CERTIFIED PATIENT, IF THE  PATIENT  DESIGNATES  A
DESIGNATED CAREGIVER, THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIG-
NATED  CAREGIVER,  AND OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED
BY THE DEPARTMENT; A CERTIFIED PATIENT MAY DESIGNATE UP  TO  TWO  DESIG-
NATED  CAREGIVERS;  EXCEPT  THAT  A CERTIFIED PATIENT MAY DESIGNATE MORE

A. 6357--C                          7

THAN TWO CAREGIVERS IF THE ADDITIONAL  CAREGIVERS  ARE  MEMBERS  OF  THE
CERTIFIED PATIENT'S IMMEDIATE FAMILY OR PHYSICAL HOUSEHOLD;
  (D) IN THE CASE OF A DESIGNATED CAREGIVER,
  (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIGNATED CAREGIVER;
  (II)  IF  THE DESIGNATED CAREGIVER HAS A REGISTRY IDENTIFICATION CARD,
THE REGISTRY IDENTIFICATION NUMBER AND EXPIRATION DATE OF THAT  REGISTRY
IDENTIFICATION CARD; AND
  (III) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
MENT;
  (E)  A  STATEMENT  THAT  A  FALSE STATEMENT MADE IN THE APPLICATION IS
PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW;
  (F) THE DATE OF THE APPLICATION AND THE  SIGNATURE  OF  THE  CERTIFIED
PATIENT OR DESIGNATED CAREGIVER, AS THE CASE MAY BE; AND
  (G)  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. IF THE DEPARTMENT HAS NOT ESTABLISHED AND MADE AVAILABLE A FORM FOR
A  REGISTRY APPLICATION OR RENEWAL APPLICATION AND DETERMINED THE APPLI-
CATION FEE IF ANY, OR ESTABLISHED AND MADE AVAILABLE A FORM FOR A REGIS-
TRY APPLICATION OR RENEWAL APPLICATION AND  DETERMINED  THE  APPLICATION
FEE  FOR  A SPECIAL CERTIFICATION, THEN IN THE CASE OF A SPECIAL CERTIF-
ICATION, A REGISTRY APPLICATION OR RENEWAL  APPLICATION  THAT  OTHERWISE
CONFORMS WITH THE REQUIREMENTS OF THIS SECTION SHALL NOT REQUIRE THE USE
OF A FORM OR THE PAYMENT OF AN APPLICATION FEE.
  4.  WHERE  AN  APPLICANT CHOOSES TO APPLY UNDER THE PROVISIONS OF THIS
TITLE RELATING  TO  A  SPECIAL  CERTIFICATION,  REGULATIONS  UNDER  THIS
SECTION  MAY  REQUIRE  THE  APPLICANT TO SUBMIT ADDITIONAL DOCUMENTATION
ESTABLISHING THE CLINICAL BASIS FOR THE SPECIAL CERTIFICATION.
  5. 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.
  6.  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.
  7.  NO PERSON MAY BE A DESIGNATED CAREGIVER FOR MORE THAN FIVE  CERTI-
FIED PATIENTS AT ONE TIME.
  8.  THE  DEPARTMENT SHALL ISSUE SEPARATE REGISTRY IDENTIFICATION CARDS
FOR CERTIFIED PATIENTS AND DESIGNATED CAREGIVERS WITHIN THIRTY  DAYS  OF
RECEIVING  A  COMPLETE  APPLICATION UNDER THIS SECTION, UNLESS IT DETER-
MINES THAT THE APPLICATION IS  INCOMPLETE  OR  FACIALLY  INACCURATE,  IN
WHICH CASE IT SHALL PROMPTLY NOTIFY THE APPLICANT.
  9.  IF THE APPLICATION OF A CERTIFIED PATIENT DESIGNATES AN INDIVIDUAL
AS A DESIGNATED CAREGIVER WHO IS NOT AUTHORIZED TO BE A DESIGNATED CARE-
GIVER, THAT PORTION OF THE APPLICATION SHALL BE DENIED BY THE DEPARTMENT
BUT THAT SHALL NOT AFFECT THE APPROVAL OF THE BALANCE  OF  THE  APPLICA-
TION.
  10. A REGISTRY IDENTIFICATION CARD SHALL:
  (A)  CONTAIN THE NAME OF THE CERTIFIED PATIENT OR THE DESIGNATED CARE-
GIVER AS THE CASE MAY BE;

A. 6357--C                          8

  (B) CONTAIN THE DATE OF ISSUANCE AND EXPIRATION DATE OF  THE  REGISTRY
IDENTIFICATION CARD;
  (C) CONTAIN A REGISTRY IDENTIFICATION NUMBER FOR THE CERTIFIED PATIENT
OR  DESIGNATED  CAREGIVER, AS THE CASE MAY BE AND A REGISTRY IDENTIFICA-
TION NUMBER;
  (D) CONTAIN A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE REGISTRY  IDEN-
TIFICATION  CARD IS BEING ISSUED, WHICH SHALL BE OBTAINED BY THE DEPART-
MENT IN A MANNER SPECIFIED BY THE COMMISSIONER IN REGULATIONS; PROVIDED,
HOWEVER, THAT IF THE DEPARTMENT REQUIRES 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 PHOTO-
GRAPHS;
  (E) BE A SECURE DOCUMENT; AND
  (F) PLAINLY STATE ANY RECOMMENDATION OR LIMITATION BY THE PRACTITIONER
AS TO THE FORM OR FORMS OF MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED
PATIENT.
  11. 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.
  12. 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.
  13.  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.
  14. THE DEPARTMENT SHALL VERIFY TO LAW  ENFORCEMENT  PERSONNEL  IN  AN
APPROPRIATE CASE WHETHER A REGISTRY IDENTIFICATION CARD IS VALID.
  15.  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 SUSPENDED OR REVOKED.  THIS IS IN
ADDITION TO ANY OTHER PENALTY THAT MAY APPLY.
  16. (A) AS USED IN  THIS  SUBDIVISION,  THE  "REGISTRY  IMPLEMENTATION
DATE"  IS THE DATE DETERMINED BY THE COMMISSIONER WHEN THE DEPARTMENT IS
READY TO RECEIVE AND EXPEDITIOUSLY  ACT  ON  APPLICATIONS  FOR  REGISTRY
IDENTIFICATION CARDS UNDER THIS SECTION.
  (B)  THIS  PARAGRAPH SHALL APPLY ON AND AFTER THE REGISTRY IMPLEMENTA-
TION DATE, AND SHALL APPLY BEFORE THE REGISTRY  IMPLEMENTATION  DATE  IN
THE CASE OF A SPECIAL CERTIFICATION.  UPON RECEIPT OF AN APPLICATION FOR
A  REGISTRY IDENTIFICATION CARD, THE DEPARTMENT SHALL SEND TO THE APPLI-
CANT A LETTER ACKNOWLEDGING SUCH RECEIPT. WHILE THE  APPLICATION  FOR  A
REGISTRY IDENTIFICATION CARD IS PENDING, A COPY OF THE REGISTRY APPLICA-

A. 6357--C                          9

TION, TOGETHER WITH A COPY OF THE CERTIFICATION (IN THE CASE OF A CERTI-
FIED  PATIENT)  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 OR DESIGNATED CAREGIVER, PROVIDED THAT A
CERTIFICATION AND APPLICATION SHALL NOT SERVE AS A VALID REGISTRY  IDEN-
TIFICATION  CARD  AFTER  THE INITIAL THIRTY DAY PERIOD UNDER SUBDIVISION
EIGHT OF THIS SECTION.  THIS PARAGRAPH SHALL EXPIRE AND HAVE  NO  EFFECT
ONE YEAR AFTER THE REGISTRY IMPLEMENTATION DATE.
  17.  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 FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER; OR
  (B) A FOR-PROFIT BUSINESS ENTITY OR NOT-FOR-PROFIT CORPORATION  ORGAN-
IZED  FOR  THE PURPOSE OF ACQUIRING, POSSESSING, MANUFACTURING, SELLING,
DELIVERING,  TRANSPORTING,  DISTRIBUTING  OR  DISPENSING  MARIHUANA  FOR
CERTIFIED MEDICAL USE.
  2.  THE ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIVERY, TRANSPORT-
ING, DISTRIBUTING OR DISPENSING OF MARIHUANA BY A  REGISTERED  ORGANIZA-
TION  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.  A  REGISTERED  ORGANIZATION  MAY  TRANSFER
POSSESSION  OF  MARIHUANA  TO, AND MAY RECOVER POSSESSION OF IT FROM, AN
ENTITY LICENSED BY THE DEPARTMENT  UNDER  SECTION  THIRTY-THREE  HUNDRED
TWENTY-FOUR OF THIS TITLE FOR PURPOSES OF CHEMICAL ANALYSIS.
  3.  (A)  A  REGISTERED ORGANIZATION MAY LAWFULLY, IN GOOD FAITH, SELL,
DELIVER, DISTRIBUTE OR DISPENSE MEDICAL MARIHUANA TO A CERTIFIED PATIENT
OR DESIGNATED CAREGIVER UPON PRESENTATION TO THE REGISTERED ORGANIZATION
OF A VALID REGISTRY IDENTIFICATION CARD FOR THAT  CERTIFIED  PATIENT  OR
DESIGNATED  CAREGIVER.  WHEN  PRESENTED WITH THE REGISTRY IDENTIFICATION
CARD, THE REGISTERED ORGANIZATION SHALL PROVIDE TO THE CERTIFIED PATIENT
OR DESIGNATED CAREGIVER A RECEIPT, WHICH SHALL STATE: THE NAME, ADDRESS,
AND REGISTRY IDENTIFICATION NUMBER OF THE REGISTERED  ORGANIZATION;  THE
NAME AND REGISTRY IDENTIFICATION NUMBER OF THE CERTIFIED PATIENT AND THE
DESIGNATED  CAREGIVER  (IF  ANY);  THE  DATE THE MARIHUANA WAS SOLD; ANY
RECOMMENDATION OR LIMITATION BY THE PRACTITIONER AS TO THE FORM OR FORMS
OF MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED PATIENT; AND  THE  FORM
AND  THE QUANTITY OF MEDICAL MARIHUANA SOLD. THE REGISTERED ORGANIZATION
SHALL RETAIN A COPY OF THE REGISTRY IDENTIFICATION CARD AND THE  RECEIPT
FOR SIX YEARS.
  (B)  THE REGISTERED ORGANIZATION SHALL REPORT TO THE DEPARTMENT, UNDER
SECTIONS THIRTY-THREE  HUNDRED  THIRTY-THREE  AND  THIRTY-THREE  HUNDRED
FORTY-THREE-A  OF  THIS ARTICLE, THE INFORMATION REQUIRED TO BE INCLUDED
IN THE RECEIPT UNDER THIS SUBDIVISION.
  4. (A) NO REGISTERED ORGANIZATION MAY  SELL,  DELIVER,  DISTRIBUTE  OR
DISPENSE  TO ANY CERTIFIED PATIENT OR DESIGNATED CAREGIVER A QUANTITY OF
MEDICAL MARIHUANA LARGER  THAN  THAT  INDIVIDUAL  WOULD  BE  ALLOWED  TO
POSSESS UNDER THIS TITLE.
  (B) WHEN DISPENSING MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR DESIG-
NATED  CAREGIVER,  THE REGISTERED ORGANIZATION (I) SHALL NOT DISPENSE AN
AMOUNT SUCH THAT THE CERTIFIED PATIENT WILL  HAVE  BEEN  DISPENSED  MORE
THAN  TWO  AND A HALF OUNCES OF MEDICAL MARIHUANA IN THE PREVIOUS THIRTY
DAYS, COUNTING THE AMOUNT BEING DISPENSED, FROM ALL REGISTERED ORGANIZA-
TIONS,  AND  (II)  SHALL  VERIFY  THE  FOREGOING   BY   CONSULTING   THE

A. 6357--C                         10

PRESCRIPTION  MONITORING  PROGRAM  REGISTRY  UNDER  SECTION THIRTY-THREE
HUNDRED FORTY-THREE-A OF THIS ARTICLE.
  (C)  MEDICAL  MARIHUANA DISPENSED TO A CERTIFIED PATIENT OR DESIGNATED
CAREGIVER BY A REGISTERED ORGANIZATION SHALL CONFORM TO ANY  RECOMMENDA-
TION  OR  LIMITATION  BY  THE  PRACTITIONER  AS  TO THE FORM OR FORMS OF
MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED PATIENT.
  5. WHEN A REGISTERED  ORGANIZATION  SELLS,  DELIVERS,  DISTRIBUTES  OR
DISPENSES  MEDICAL  MARIHUANA TO A CERTIFIED PATIENT OR DESIGNATED CARE-
GIVER, IT SHALL PROVIDE TO THAT INDIVIDUAL A SAFETY INSERT,  WHICH  WILL
BE  DEVELOPED  AND  APPROVED BY THE COMMISSIONER AND INCLUDE, BUT NOT BE
LIMITED TO, INFORMATION ON:
  (A) METHODS FOR ADMINISTERING MEDICAL MARIHUANA IN INDIVIDUAL DOSES,
  (B) ANY POTENTIAL DANGERS STEMMING FROM THE USE OF MEDICAL  MARIHUANA,
AND
  (C) HOW TO RECOGNIZE WHAT MAY BE PROBLEMATIC USAGE OF MEDICAL MARIHUA-
NA AND OBTAIN APPROPRIATE SERVICES OR TREATMENT  FOR PROBLEMATIC USAGE.
  6.  REGISTERED  ORGANIZATIONS  SHALL  NOT  EMPLOY  ANYONE WHO HAS BEEN
CONVICTED OF ANY FELONY OF OR RELATING TO POSSESSION OF  DRUGS,  NARCOT-
ICS, OR CONTROLLED SUBSTANCES.
  7.  MANUFACTURING  OF  MEDICAL  MARIHUANA BY A REGISTERED ORGANIZATION
SHALL ONLY BE DONE IN AN INDOOR, ENCLOSED, SECURE  FACILITY,  WHICH  MAY
INCLUDE A GREENHOUSE.
  8.  A REGISTERED ORGANIZATION SHALL DETERMINE THE QUALITY, SAFETY, AND
CLINICAL STRENGTH OF MEDICAL MARIHUANA MANUFACTURED OR DISPENSED BY  THE
REGISTERED  ORGANIZATION, AND SHALL PROVIDE DOCUMENTATION OF THAT QUALI-
TY, SAFETY AND CLINICAL STRENGTH TO THE DEPARTMENT AND TO ANY PERSON  OR
ENTITY TO WHICH THE MEDICAL MARIHUANA IS SOLD OR DISPENSED.
  9.  A  REGISTERED  ORGANIZATION  SHALL  BE DEEMED TO BE A "HEALTH CARE
PROVIDER" FOR THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF  THIS  CHAP-
TER.
  10.  MEDICAL  MARIHUANA  SHALL  BE DISPENSED TO A CERTIFIED PATIENT OR
DESIGNATED CAREGIVER IN A SEALED AND  PROPERLY  LABELED  PACKAGE.    THE
LABELING  SHALL  CONTAIN: (A) THE INFORMATION REQUIRED TO BE INCLUDED IN
THE RECEIPT PROVIDED TO THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER BY
THE REGISTERED ORGANIZATION; (B) THE PACKAGING DATE; (C) ANY  APPLICABLE
DATE  BY WHICH THE MEDICAL MARIHUANA SHOULD BE USED; (D) A WARNING STAT-
ING, "THIS PRODUCT IS FOR MEDICINAL USE ONLY. WOMEN SHOULD  NOT  CONSUME
DURING  PREGNANCY  OR  WHILE  BREASTFEEDING  EXCEPT ON THE ADVICE OF THE
CERTIFYING HEALTH CARE PRACTITIONER, AND IN THE  CASE  OF  BREASTFEEDING
MOTHERS,  INCLUDING THE INFANT'S PEDIATRICIAN. THIS PRODUCT MIGHT IMPAIR
THE ABILITY TO DRIVE.   KEEP OUT OF REACH OF  CHILDREN.";  AND  (E)  THE
AMOUNT OF INDIVIDUAL DOSES CONTAINED WITHIN.
  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
OTHER PREMISES (WHICH SHALL BE SPECIFIED IN THE APPLICATION) AND  EQUIP-
MENT  TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICATION, OR
IN THE ALTERNATIVE POSTS A BOND OF NOT LESS THAN TWO MILLION DOLLARS;
  (III) IS ABLE TO MAINTAIN EFFECTIVE SECURITY AND  CONTROL  TO  PREVENT
DIVERSION, ABUSE, AND OTHER ILLEGAL CONDUCT RELATING TO THE MARIHUANA;

A. 6357--C                         11

  (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; AND
  (V)  HAS  ENTERED  INTO A LABOR PEACE AGREEMENT WITH A BONA-FIDE LABOR
ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR  ATTEMPTING  TO
REPRESENT  THE  APPLICANT'S EMPLOYEES.   THE MAINTENANCE OF SUCH A LABOR
PEACE AGREEMENT SHALL BE AN ONGOING MATERIAL CONDITION OF CERTIFICATION.
  (B) THE APPLICATION SHALL ESTABLISH THE APPLICANT'S STATUS UNDER PARA-
GRAPH (A) OR (B) 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 OF  A
FELONY  OR  HAD  A  REGISTRATION  OR LICENSE SUSPENDED OR REVOKED IN ANY
ADMINISTRATIVE OR JUDICIAL PROCEEDING; 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.
  (E) IN REVIEWING APPLICATIONS, THE DEPARTMENT  SHALL  GIVE  ADDITIONAL
CONSIDERATION  TO  APPLICANTS THAT UTILIZE A VERTICAL INTEGRATION MODEL.
FOR PURPOSES OF THIS TITLE, A VERTICAL INTEGRATION MODEL SHALL BE ONE IN
WHICH A REGISTERED ORGANIZATION POSSESSES LICENSES FOR  BOTH  PRODUCTION
AND DISPENSING.
  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;
THE COMMISSIONER MAY CONSIDER WHETHER THE NUMBER OF REGISTERED ORGANIZA-
TIONS IN AN AREA WILL BE ADEQUATE OR EXCESSIVE TO REASONABLY  SERVE  THE
AREA;
  (VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
TER; AND
  (VII)  THE  APPLICANT  HAS ENTERED INTO A LABOR PEACE AGREEMENT WITH A
BONA-FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR
ATTEMPTING TO REPRESENT THE APPLICANT'S EMPLOYEES.
  (B) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT SHOULD  BE
ISSUED  A  REGISTRATION, HE OR SHE SHALL NOTIFY THE APPLICANT IN WRITING

A. 6357--C                         12

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,
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;
  (II)  WHICH  ACTIVITIES  OF A REGISTERED ORGANIZATION ARE PERMITTED BY
THE REGISTRATION;
  (III) THE LAND, BUILDINGS AND FACILITIES THAT  MAY  BE  USED  FOR  THE
PERMITTED ACTIVITIES OF THE REGISTERED ORGANIZATION; AND
  (IV)  SUCH  OTHER MATTERS AS THE COMMISSIONER SHALL REASONABLY PROVIDE
TO ASSURE COMPLIANCE WITH THIS TITLE.
  (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
OR  FACILITIES.  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

A. 6357--C                         13

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:
  (I)  THE  APPLICANT  IS  UNLIKELY  TO  MAINTAIN OR BE ABLE TO MAINTAIN
EFFECTIVE CONTROL AGAINST DIVERSION; OR
  (II) THE APPLICANT IS UNLIKELY TO COMPLY WITH ALL STATE LAWS  APPLICA-
BLE TO THE ACTIVITIES IN WHICH IT MAY ENGAGE UNDER THE REGISTRATION;
  (III)  IT  IS  NOT  IN  THE  PUBLIC INTEREST TO RENEW THE REGISTRATION
BECAUSE THE NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA  IS  EXCESSIVE
TO REASONABLY SERVE THE AREA; OR
  (IV)  THE  APPLICANT HAS EITHER VIOLATED OR TERMINATED ITS LABOR PEACE
AGREEMENT.
  (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.
THE DEPARTMENT SHALL SUSPEND OR TERMINATE THE REGISTRATION IN THE  EVENT
THAT  A  REGISTERED  ORGANIZATION  VIOLATES OR TERMINATES THE APPLICABLE
LABOR PEACE AGREEMENT. CONDUCT IN COMPLIANCE WITH THIS TITLE, BUT  WHICH
MAY  VIOLATE CONFLICTING FEDERAL LAW, SHALL NOT BE GROUNDS TO SUSPEND OR
TERMINATE A REGISTRATION.
  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.
  9.  THE  COMMISSIONER SHALL DETERMINE THE APPROPRIATE NUMBER OF REGIS-
TERED ORGANIZATIONS AND  FACILITIES  TO  PROMOTE  REASONABLE  ACCESS  TO
MEDICAL  MARIHUANA IN THE INTEREST OF CERTIFIED PATIENTS AND THE PUBLIC.
DURING THE FIRST TWO YEARS AFTER THIS TITLE TAKES  EFFECT,  THE  COMMIS-
SIONER  SHALL REGISTER NO MORE THAN TWENTY REGISTERED ORGANIZATIONS THAT
MANUFACTURE MEDICAL MARIHUANA.
  S 3366. EXPEDITED REGISTRATION OF REGISTERED ORGANIZATIONS.  1.    THE
PURPOSE OF THIS SECTION IS TO EXPEDITE THE AVAILABILITY OF MEDICAL MARI-
HUANA TO AVOID SUFFERING AND LOSS OF LIFE, DURING THE PERIOD BEFORE FULL
IMPLEMENTATION  OF  AND  PRODUCTION  UNDER THIS TITLE, ESPECIALLY IN THE
CASE OF PATIENTS WHOSE SERIOUS CONDITION IS PROGRESSIVE AND DEGENERATIVE
OR IS SUCH THAT DELAY IN THE PATIENT'S MEDICAL USE OF MARIHUANA POSES  A
SERIOUS  RISK  TO  THE  PATIENT'S LIFE OR HEALTH. THE COMMISSIONER SHALL

A. 6357--C                         14

IMPLEMENT THIS SECTION AS EXPEDITIOUSLY AS POSSIBLE, INCLUDING BY  EMER-
GENCY REGULATION.
  2.  THE  DEPARTMENT  SHALL  BEGIN ACCEPTING AND ACTING ON APPLICATIONS
UNDER THIS SECTION FOR REGISTERED ORGANIZATIONS NO LATER THAN SIXTY DAYS
AFTER THE EFFECTIVE DATE OF THIS TITLE.
  3. FOR THE PURPOSES OF THIS SECTION, AND FOR SPECIFIED LIMITED  TIMES,
THE  COMMISSIONER  MAY  WAIVE OR MODIFY THE REQUIREMENTS OF THIS ARTICLE
RELATING TO REGISTERED ORGANIZATIONS, CONSISTENT  WITH  THE  LEGISLATIVE
INTENT  AND  PURPOSE  OF THIS TITLE AND THIS SECTION. WHERE A REGISTERED
ORGANIZATION OPERATES IN A JURISDICTION OTHER  THAN  THE  STATE  OF  NEW
YORK,  UNDER  LICENSURE OR OTHER GOVERNMENTAL RECOGNITION OF THAT JURIS-
DICTION, AND THE LAWS OF THAT JURISDICTION ARE ACCEPTABLE TO THE COMMIS-
SIONER AS CONSISTENT WITH THE LEGISLATIVE INTENT  AND  PURPOSE  OF  THIS
TITLE  AND THIS SECTION, THEN THE COMMISSIONER MAY ACCEPT THAT LICENSURE
OR RECOGNITION AS WHOLLY OR PARTIALLY  SATISFYING  THE  REQUIREMENTS  OF
THIS TITLE, FOR PURPOSES OF THE REGISTRATION AND OPERATION OF THE REGIS-
TERED ORGANIZATION UNDER THIS SECTION.
  4.  IN  CONSIDERING  APPLICATIONS UNDER THIS SECTION FOR REGISTRATION,
THE COMMISSIONER SHALL GIVE PREFERENCE TO THE FOLLOWING:
  (A) APPLICANTS THAT ARE CURRENTLY PRODUCING OR  PROVIDING  OR  HAVE  A
HISTORY  OF  PRODUCING OR PROVIDING MEDICAL MARIHUANA IN OTHER JURISDIC-
TIONS IN FULL COMPLIANCE WITH THE LAWS OF THE JURISDICTION;
  (B) APPLICANTS THAT ARE ABLE AND QUALIFIED TO BOTH  PRODUCE,  DISTRIB-
UTE, AND DISPENSE MEDICAL MARIHUANA TO PATIENTS EXPEDITIOUSLY;
  (C) APPLICANTS THAT PROPOSE LOCATIONS FOR DISPENSING BY THE REGISTERED
ORGANIZATION, WHICH ENSURE, TO THE GREATEST EXTENT POSSIBLE, THAT CERTI-
FIED PATIENTS THROUGHOUT THE STATE HAVE ACCESS TO A REGISTERED ORGANIZA-
TION.
  5.  THE  COMMISSIONER  MAY  LIMIT  REGISTERED ORGANIZATIONS REGISTERED
UNDER THIS SECTION TO SERVING PATIENTS WITH SPECIAL CERTIFICATIONS.
  6. A REGISTERED ORGANIZATION REGISTERED UNDER THIS SECTION  MAY  APPLY
UNDER  SECTION  THIRTY-THREE HUNDRED SIXTY-FIVE OF THIS TITLE TO RECEIVE
OR RENEW REGISTRATION.
  S 3367. REPORTS  BY  REGISTERED  ORGANIZATIONS.  1.  THE  COMMISSIONER
SHALL,  BY  REGULATION,  REQUIRE  EACH  REGISTERED  ORGANIZATION TO FILE
REPORTS BY THE REGISTERED ORGANIZATION DURING A PARTICULAR PERIOD.   THE
COMMISSIONER  SHALL  DETERMINE  THE  INFORMATION  TO BE REPORTED AND THE
FORMS, TIME, AND MANNER OF THE REPORTING.
  2. THE COMMISSIONER SHALL,  BY  REGULATION,  REQUIRE  EACH  REGISTERED
ORGANIZATION  TO  ADOPT AND MAINTAIN SECURITY, TRACKING, RECORD KEEPING,
RECORD RETENTION AND SURVEILLANCE SYSTEMS, RELATING TO ALL MEDICAL MARI-
HUANA AT EVERY STAGE OF ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIV-
ERY, TRANSPORTING, DISTRIBUTING, OR DISPENSING BY THE REGISTERED  ORGAN-
IZATION, SUBJECT TO REGULATIONS OF THE COMMISSIONER.
  S  3368.  EVALUATION;  RESEARCH PROGRAMS; REPORT BY DEPARTMENT. 1. THE
COMMISSIONER MAY PROVIDE FOR THE ANALYSIS AND EVALUATION OF  THE  OPERA-
TION  OF THIS TITLE. THE COMMISSIONER MAY ENTER INTO AGREEMENTS WITH ONE
OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS OR OTHER ORGANIZATIONS, FOR
THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTATION AND EFFECTIVENESS
OF THIS TITLE.
  2. THE DEPARTMENT MAY DEVELOP, SEEK  ANY  NECESSARY  FEDERAL  APPROVAL
FOR, AND CARRY OUT RESEARCH PROGRAMS RELATING TO MEDICAL USE OF MARIHUA-
NA.    PARTICIPATION  IN ANY SUCH RESEARCH PROGRAM SHALL BE VOLUNTARY ON
THE PART OF PRACTITIONERS, PATIENTS, AND DESIGNATED CAREGIVERS.
  3. THE DEPARTMENT SHALL REPORT EVERY TWO YEARS,  BEGINNING  TWO  YEARS
AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA-

A. 6357--C                         15

TURE ON THE MEDICAL USE OF MARIHUANA UNDER THIS TITLE AND MAKE APPROPRI-
ATE RECOMMENDATIONS.
  S  3369. RELATION TO OTHER LAWS. 1. (A) 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.
  (B) MEDICAL MARIHUANA SHALL NOT BE DEEMED TO BE A "DRUG" FOR  PURPOSES
OF ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW.
  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. 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.
  3.  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.
  4. PERSON MAY NOT BE DENIED MEDICAL CARE, INCLUDING ORGAN  TRANSPLANT.
FOR  THE  PURPOSES  OF  MEDICAL  CARE,  INCLUDING  ORGAN  TRANSPLANTS, A
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.
  5. 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.
  6. 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
HAS  THE  SAME FORCE AND EFFECT AS A REGISTRY IDENTIFICATION CARD ISSUED
BY THE DEPARTMENT, SO LONG AS THE  VISITING  PATIENT'S  CONDITION  IS  A
SERIOUS  CONDITION, AS ATTESTED TO IN WRITING BY A PRACTITIONER. WHERE A

A. 6357--C                         16

REGISTERED ORGANIZATION DISPENSES MEDICAL MARIHUANA TO A  PATIENT  UNDER
THIS  SUBDIVISION,  A  COPY  OF THE ATTESTATION SHALL BE PROVIDED TO THE
REGISTERED ORGANIZATION.
  S  3369-B.  REGULATIONS. 1. THE COMMISSIONER SHALL MAKE REGULATIONS TO
IMPLEMENT THIS TITLE.
  2.  ADVISORY COMMITTEE. THERE IS HEREBY ESTABLISHED IN THE  DEPARTMENT
AN ADVISORY COMMITTEE ON MEDICAL USE OF MARIHUANA (THE "ADVISORY COMMIT-
TEE")  TO ADVISE THE COMMISSIONER ON MAKING REGULATIONS UNDER THIS TITLE
AND ON ANY MATTERS RELATING TO THE IMPLEMENTATION OF THIS TITLE  AS  THE
COMMISSIONER  SHALL  DETERMINE.  THE ADVISORY COMMITTEE SHALL CONSIST OF
TWELVE MEMBERS. THE MEMBERS OF THE ADVISORY COMMITTEE SHALL BE APPOINTED
AS FOLLOWS: FIVE TO BE APPOINTED BY THE GOVERNOR, THREE TO BE  APPOINTED
BY  THE GOVERNOR ON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE
SENATE, THREE TO BE APPOINTED BY THE GOVERNOR ON THE  RECOMMENDATION  OF
THE  SPEAKER OF THE ASSEMBLY, AND ONE TO BE APPOINTED BY THE GOVERNOR ON
THE RECOMMENDATION OF THE ATTORNEY GENERAL OF THE STATE OF NEW YORK. THE
ADVISORY COMMITTEE SHALL INCLUDE BUT NOT  BE  LIMITED  TO:  HEALTH  CARE
PRACTITIONERS,  PATIENTS  OR  REPRESENTATIVES  OF  PATIENTS WITH SERIOUS
CONDITIONS, EXPERTS IN  THE  REGULATION  OF  CONTROLLED  SUBSTANCES  FOR
MEDICAL  USE,  MEDICAL MARIHUANA INDUSTRY PROFESSIONALS AND LAW ENFORCE-
MENT.  THE ADVISORY COMMITTEE SHALL BE  RESPONSIBLE  FOR  REVIEWING  THE
APPEAL  OF  ANY PATIENT OR CAREGIVER WHOSE REGISTRY APPLICATION HAS BEEN
DENIED BY THE DEPARTMENT. THE ADVISORY COMMITTEE SHALL MAKE  RECOMMENDA-
TIONS  REGARDING ANY SUCH APPEAL TO THE COMMISSIONER, WHO SHALL MAKE THE
FINAL DETERMINATION. THE ADVISORY COMMITTEE SHALL  ALSO  BE  RESPONSIBLE
FOR  MAKING RECOMMENDATIONS TO THE COMMISSIONER ON EXPANDING OR RETRACT-
ING THE CATEGORIES OF DISEASES TO BE CONSIDERED SERIOUS  CONDITIONS  FOR
PURPOSES  OF  THIS TITLE, AND THE COMMISSIONER SHALL HAVE THE ABILITY TO
EXPAND OR RETRACT THE CATEGORIES OF DISEASES TO  BE  CONSIDERED  SERIOUS
CONDITIONS  FOR  PURPOSES  OF THIS TITLE. THE COMMISSIONER MAY ALSO FORM
SUBCOMMITTEES OF THE ADVISORY COMMITTEE. THE COMMISSIONER SHALL  FORM  A
SUBCOMMITTEE  TO  ASSIST  AND  ADVISE  THE COMMISSIONER AND THE ADVISORY
COMMITTEE ON CLINICAL MATTERS RELATING TO MEDICAL  MARIHUANA,  INCLUDING
BUT NOT LIMITED TO EXPANDING OR RETRACTING THE CATEGORIES OF DISEASES TO
BE CONSIDERED SERIOUS CONDITIONS FOR PURPOSES OF THIS TITLE, THE MEMBERS
OF  WHICH  SHALL  PREDOMINANTLY BE CLINICAL PROFESSIONALS IN APPROPRIATE
AREAS OF EXPERTISE AND SHALL ALSO INCLUDE  REPRESENTATIVES  OF  PATIENTS
AND THE GENERAL PUBLIC. MEMBERS OF A SUBCOMMITTEE NEED NOT BE MEMBERS OF
THE  ADVISORY  COMMITTEE.  MEMBERS OF THE ADVISORY COMMITTEE SHALL SERVE
FOR A TERM OF FOUR YEARS. MEMBERS OF A SUBCOMMITTEE SHALL SERVE  AT  THE
PLEASURE  OF  THE  COMMISSIONER.  MEMBERS OF THE ADVISORY COMMITTEE OR A
SUBCOMMITTEE MAY RECEIVE  REIMBURSEMENT  BY  THE  DEPARTMENT  FOR  THEIR
REASONABLE  AND  NECESSARY  EXPENSES INCURRED AS MEMBERS OF THE ADVISORY
COMMITTEE OR A SUBCOMMITTEE. A PUBLIC EMPLOYEE MAY BE A  MEMBER  OF  THE
ADVISORY COMMITTEE OR A SUBCOMMITTEE.
  S 3369-C. 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 3343-a of the public health law is amended  by  adding  a
new subdivision 8-a to read as follows:
  8-A.  MEDICAL  MARIHUANA.  AS  USED  IN  ANY PROVISION OF THIS ARTICLE
RELATING TO THE PRESCRIPTION MONITORING PROGRAM REGISTRY, THE  FOLLOWING
TERMS  SHALL  INCLUDE THE FOLLOWING IN RELATION TO MEDICAL MARIHUANA, IN
ADDITION TO THE MEANING EACH TERM WOULD OTHERWISE HAVE:

A. 6357--C                         17

  (A) "PRESCRIPTION," "PRESCRIBE," AND  "PRESCRIBER,"  INCLUDE,  RESPEC-
TIVELY,  A  CERTIFICATION, THE ISSUING OF A CERTIFICATION, AND A PRACTI-
TIONER UNDER TITLE FIVE-A OF THIS ARTICLE.
  (B)  "PHARMACY"  INCLUDES A REGISTERED ORGANIZATION THAT IS AUTHORIZED
TO DISPENSE MEDICAL  MARIHUANA  UNDER  TITLE  FIVE-A  OF  THIS  ARTICLE;
PROVIDED  THAT A REGISTERED ORGANIZATION THAT IS NOT A FACILITY LICENSED
UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR A PHARMACY  UNDER  ARTICLE
ONE  HUNDRED  THIRTY-SEVEN OF THE EDUCATION LAW SHALL ONLY BE AUTHORIZED
TO CONSULT THE REGISTRY OR ACCESS PATIENT-SPECIFIC INFORMATION FROM  THE
REGISTRY (INCLUDING UNDER SUBDIVISION THREE OF THIS SECTION AND SUBDIVI-
SION TWO OF SECTION THIRTY-THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE) IN
DIRECT  RELATION  TO  MEDICAL MARIHUANA, BUT SHALL REPORT INFORMATION TO
THE REGISTRY, INCLUDING UNDER SUBDIVISION FOUR OF  SECTION  THIRTY-THREE
HUNDRED THIRTY-THREE OF THIS ARTICLE.
  (C)  "PATIENT-SPECIFIC INFORMATION," IN RELATION TO MEDICAL MARIHUANA,
SHALL NOT INCLUDE INFORMATION NOT REQUIRED TO BE INCLUDED IN  A  CERTIF-
ICATION UNDER TITLE FIVE-A OF THIS ARTICLE.
  (D)  "CONTROLLED  SUBSTANCE" INCLUDES MEDICAL MARIHUANA, REGARDLESS OF
WHETHER THE PROVISION IN WHICH THE TERM IS FOUND IS LIMITED TO SCHEDULES
OTHER THAN SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THIS  ARTI-
CLE.
  (E)  "MEDICAL MARIHUANA" MEANS MEDICAL MARIHUANA UNDER TITLE FIVE-A OF
THIS ARTICLE.
  S 4. The tax law is amended by adding a new article 20-B  to  read  as
follows:
                              ARTICLE 20-B
                        TAX ON MEDICAL MARIHUANA
SECTION 490. EXCISE TAX ON MEDICAL MARIHUANA.
  S  490.  EXCISE  TAX ON MEDICAL MARIHUANA. 1. ALL DEFINITIONS OF TERMS
APPLICABLE TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC  HEALTH
LAW SHALL APPLY TO THIS ARTICLE.
  2.  THERE  IS HEREBY LEVIED AND IMPOSED ON REGISTERED ORGANIZATIONS AN
EXCISE TAX ON ALL MEDICAL MARIHUANA SOLD TO ANOTHER REGISTERED ORGANIZA-
TION OR TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER. THE  EXCISE  TAX
SHALL BE AT THE RATE OF SEVEN PERCENT OF THE RETAIL PRICE OF THE MEDICAL
MARIHUANA DISPENSED.
  3.  TWENTY-TWO  AND FIVE-TENTHS PERCENT OF THE REVENUE RECEIVED BY THE
DEPARTMENT SHALL BE TRANSFERRED TO THE COUNTY IN NEW YORK STATE IN WHICH
THE MEDICAL MARIHUANA WAS MANUFACTURED AND  TWENTY-TWO  AND  FIVE-TENTHS
PERCENT  OF  THE REVENUE RECEIVED BY THE DEPARTMENT SHALL BE TRANSFERRED
TO THE COUNTY IN NEW YORK STATE  IN  WHICH  THE  MEDICAL  MARIHUANA  WAS
DISPENSED.  FOR  PURPOSES OF THE PREVIOUS SENTENCE, THE CITY OF NEW YORK
SHALL BE DEEMED TO BE A COUNTY.  FIVE PERCENT OF THE REVENUE RECEIVED BY
THE DEPARTMENT SHALL BE TRANSFERRED TO  THE  OFFICE  OF  ALCOHOLISM  AND
SUBSTANCE  ABUSE  SERVICES,  WHICH SHALL USE THAT REVENUE FOR ADDITIONAL
DRUG ABUSE PREVENTION, COUNSELING AND TREATMENT SERVICES.  FIVE  PERCENT
OF  THE  REVENUE  RECEIVED BY THE DEPARTMENT SHALL BE TRANSFERRED TO THE
DIVISION OF CRIMINAL JUSTICE SERVICES, WHICH SHALL USE THAT REVENUE  FOR
A  PROGRAM  OF  DISCRETIONARY  GRANTS TO STATE AND LOCAL LAW ENFORCEMENT
AGENCIES THAT DEMONSTRATE A NEED RELATING TO  TITLE  FIVE-A  OF  ARTICLE
THIRTY-THREE  OF  THE  PUBLIC  HEALTH LAW. SAID GRANTS COULD BE USED FOR
PERSONNEL COSTS OF STATE AND LOCAL LAW ENFORCEMENT AGENCIES.
  4. A REGISTERED ORGANIZATION THAT DISPENSES  MEDICAL  MARIHUANA  SHALL
PROVIDE TO THE DEPARTMENT INFORMATION ON WHERE THE MEDICAL MARIHUANA WAS
DISPENSED AND WHERE THE MEDICAL MARIHUANA WAS MANUFACTURED. A REGISTERED
ORGANIZATION THAT OBTAINS MARIHUANA FROM ANOTHER REGISTERED ORGANIZATION

A. 6357--C                         18

SHALL  OBTAIN FROM SUCH REGISTERED ORGANIZATION INFORMATION ON WHERE THE
MEDICAL MARIHUANA WAS MANUFACTURED.
  5. THE COMMISSIONER SHALL MAKE REGULATIONS TO IMPLEMENT THIS ARTICLE.
  S  5.  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  6.  Section 221.00 of the penal law, as added by chapter 360 of the
laws of 1977, is amended to read as follows:
S 221.00 Marihuana; definitions.
  Unless the context in which they are used clearly otherwise  requires,
the terms occurring in this article shall have the same meaning ascribed
to  them in article two hundred twenty of this chapter.  ANY ACT THAT IS
LAWFUL UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE  PUBLIC  HEALTH
LAW IS NOT A VIOLATION OF THIS ARTICLE.
  S 7. This act shall take effect immediately.

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A6357D - Bill Details

See Senate Version of this Bill:
S7923
Law Section:
Public Health Law
Laws Affected:
Add Art 33 Title 5-A §§3360 - 3369-e, amd §3371, Pub Health L; add Art 20-B §§490 & 491, amd §171-a, Tax L; add §89-h, St Fin L; amd §853, Gen Bus L; amd §221.00, add Art 179 §§179.00 - 179.15, Pen L; amd §§216.00 & 410.91, CP L

A6357D - Bill Texts

view summary

Relates to the medical use of marihuana; legalizes the possession, manufacture, use, delivery, transport or administration of medical marihuana by a 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 patient would receive therapeutic or palliative benefit from use of medical marihuana.

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

                                 6357--D

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced  by  M.  of A. GOTTFRIED, LUPARDO, CAHILL, CLARK, CYMBROWITZ,
  DINOWITZ, HEVESI, LAVINE, PAULIN, PEOPLES-STOKES,  ROSENTHAL,  TITONE,
  ARROYO,  BRONSON, BROOK-KRASNY, COOK, CRESPO, DenDEKKER, FAHY, JAFFEE,
  KAVANAGH, LIFTON, OTIS, RIVERA,  ROBERTS,  SKARTADOS,  STECK,  WEPRIN,
  ZEBROWSKI,  SEPULVEDA,  KATZ, MILLER -- Multi-Sponsored by -- M. of A.
  ABINANTI, AUBRY, BRAUNSTEIN, BRENNAN, BUCHWALD, FARRELL, GALEF, GLICK,
  HIKIND, JACOBS, KELLNER, MAGEE,  MARKEY,  McDONALD,  MILLMAN,  MOSLEY,
  MOYA, PERRY, PRETLOW, ROBINSON, RODRIGUEZ, SCARBOROUGH, SCHIMEL, SWEE-
  NEY,  WALTER,  WEISENBERG,  WRIGHT  --  read  once and referred to the
  Committee on Health -- reported and referred to the Committee on Codes
  -- reported and referred to the Committee on Ways and Means --  passed
  by  Assembly  and  delivered  to the Senate, recalled from the Senate,
  vote reconsidered, bill  amended,  ordered  reprinted,  retaining  its
  place on the order of third reading -- recommitted to the Committee on
  Health  in  accordance  with  Assembly  Rule 3, sec. 2 -- reported and
  referred to the Committee on Codes -- reported  and  referred  to  the
  Committee  on  Ways  and  Means -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  reported  and referred to the Committee on Rules -- passed by Assembly
  and delivered to the Senate, recalled from the Senate, vote  reconsid-
  ered,  bill  amended,  ordered  reprinted,  retaining its place on the
  special order of third reading -- reported and referred to the Commit-
  tee on Rules -- Rules  Committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to the Committee on Rules

AN ACT to amend the public health law, the tax law, the general business
  law and the penal 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01604-29-4

A. 6357--D                          2

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 medical use of controlled substances  in
health  care,  including palliative care. This legislation establishes a
medical model of care which regulates medical marihuana as a recommended
medicine in keeping with recognized medical  public  health  and  safety
standards.  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 advocate,  authorize,  promote,
or  legally  or  socially  accept  the  use of marihuana 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  amend-
ment  of  the  United  States constitution. Furthermore, the legislature
finds that New York state has a significant  and  ongoing  economic  and
non-regulatory interest in the financial viability of organizations that
sell marihuana for medical use. The legislature finds that the financial
viability  of such organizations would be greatly diminished and threat-
ened by labor-management conflict, such as a strike at a  facility  that
cultivates  marihuana, especially because of the need for enhanced secu-
rity concerning the products. Replacements  during  a  strike  would  be
difficult  to arrange and cause delay far more significant than a strike
elsewhere. Accordingly, the legislature  finds  that  the  state  has  a
substantial  and  compelling  proprietary  interest  in this matter, and
finds that labor peace is essential  for  any  organization  to  conduct
business relating to the sale of medical marihuana.
  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; strong "seed to sale"  regulation  to
prevent  diversion,  abuse, and other illegal conduct; reasonable access
to and appropriate use of medical marihuana by certified patients; eval-
uation; 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.   EXPEDITED REGISTRATION OF REGISTERED ORGANIZATIONS.
        3367.   REPORTS BY REGISTERED ORGANIZATIONS.
        3368.   EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
        3369.   RELATION TO OTHER LAWS.
        3369-A. PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA.
        3369-B. REGULATIONS.
        3369-C. SEVERABILITY.
  S  3360. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES  OTHER-
WISE:

A. 6357--D                          3

  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  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, INCLUDING: CANCER, POSITIVE STATUS FOR HUMAN IMMUNODEFICIENCY
VIRUS OR ACQUIRED IMMUNE DEFICIENCY SYNDROME, AMYOTROPHIC LATERAL SCLER-
OSIS, ALZHEIMER'S DISEASE, MUSCULAR DYSTROPHY, TRAUMATIC  BRAIN  INJURY,
DYSTONIA, PARKINSON'S DISEASE, MULTIPLE SCLEROSIS, DAMAGE TO THE NERVOUS
TISSUE  OF  THE  SPINAL  CORD  WITH OBJECTIVE NEUROLOGICAL INDICATION OF
INTRACTABLE SPASTICITY, EPILEPSY,  WASTING  SYNDROME,  CROHN'S  DISEASE,
POST-TRAUMATIC  STRESS  DISORDER,  NEUROPATHY, RHEUMATOID ARTHRITIS, AND
HUNTINGTON'S DISEASE, OR A CONDITION ASSOCIATED WITH OR  A  COMPLICATION
OF  SUCH  A  CONDITION  OR ITS TREATMENT, OR ANY OTHER CONDITION THAT IS
ADDED BY THE COMMISSIONER.
  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, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, FORMS
THAT ARE EXTRACTS, VAPORIZABLE MATERIAL, OR PRODUCTS THAT ARE INFUSED OR
COMBINED  WITH  MARIHUANA, BUT SPECIFICALLY EXCLUDES CONFECTIONS, CARBO-
NATED BEVERAGES, AND PRODUCTS THAT ARE MARKETED TOWARDS MINOR  CHILDREN;
SUBJECT TO REGULATIONS OF THE COMMISSIONER.
  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  UNDER  THE SUPERVISION OF A PHYSICIAN, OR NURSE PRACTITIONER,
ACTING WITHIN THE PRACTITIONER'S LAWFUL SCOPE OF PRACTICE.
  13. "TERMINALLY ILL" MEANS AN INDIVIDUAL HAS A MEDICAL PROGNOSIS  THAT
THE  INDIVIDUAL'S  LIFE  EXPECTANCY IS APPROXIMATELY ONE YEAR OR LESS IF
THE ILLNESS RUNS ITS NORMAL COURSE.
  14. "LABOR PEACE AGREEMENT" MEANS AN AGREEMENT BETWEEN AN ENTITY AND A
LABOR ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S  PROPRIETARY
INTERESTS  BY  PROHIBITING LABOR ORGANIZATIONS AND MEMBERS FROM ENGAGING

A. 6357--D                          4

IN PICKETING, WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFER-
ENCE WITH THE REGISTERED ORGANIZATION'S BUSINESS.
  15.  "INDIVIDUAL DOSE" MEANS A SINGLE MEASURE OF RAW MEDICAL MARIHUANA
OR NON-INFUSED CONCENTRATES TO BE DETERMINED AND CLEARLY IDENTIFIED BY A
PATIENT'S PRACTITIONER FOR THE PATIENT'S SPECIFIC  CERTIFIED  CONDITION.
FOR  INGESTIBLE OR SUB-LINGUAL MEDICAL MARIHUANA PRODUCTS, NO INDIVIDUAL
DOSE MAY CONTAIN MORE THAN TEN MILLIGRAMS OF TETRAHYDRACANABINOL.
  16. "SPECIAL CERTIFICATION" MEANS A SPECIAL CERTIFICATION  MADE  UNDER
SUBDIVISION SIX OF SECTION THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
  17.  "FORM  OF MEDICAL MARIHUANA" MEANS CHARACTERISTICS OF THE MEDICAL
MARIHUANA RECOMMENDED OR LIMITED FOR  A  PARTICULAR  CERTIFIED  PATIENT,
INCLUDING  THE METHOD OF CONSUMPTION AND ANY PARTICULAR STRAIN, VARIETY,
AND QUANTITY OR PERCENTAGE OF MARIHUANA OR PARTICULAR ACTIVE INGREDIENT.
  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, AND WHO BY TRAINING OR EXPERIENCE IS QUALIFIED TO  TREAT  THE
SERIOUS  CONDITION, CERTIFIES THAT: (A) THE PATIENT HAS A SERIOUS CONDI-
TION, 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 LIKE-
LY 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, AND ANY SPECIFICATION OR LIMITATION
OF  THE FORM OF MEDICAL MARIHUANA RECOMMENDED; (C) THE DATE; AND (D) THE
NAME, ADDRESS, FEDERAL REGISTRATION NUMBER, TELEPHONE  NUMBER,  AND  THE
HANDWRITTEN  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. THE PRAC-
TITIONER MAY STATE IN THE  CERTIFICATION  THAT,  IN  THE  PRACTITIONER'S
PROFESSIONAL  OPINION  THE  PATIENT WOULD BENEFIT FROM MEDICAL MARIHUANA
ONLY UNTIL A SPECIFIED DATE. THE PRACTITIONER MAY STATE IN  THE  CERTIF-
ICATION  THAT, IN THE PRACTITIONER'S PROFESSIONAL OPINION THE PATIENT IS
TERMINALLY ILL AND THAT THE CERTIFICATION SHALL  NOT  EXPIRE  UNTIL  THE
PATIENT DIES.
  3. IN MAKING A CERTIFICATION, THE PRACTITIONER SHALL CONSIDER THE FORM
OF MEDICAL MARIHUANA THE PATIENT SHOULD CONSUME, INCLUDING THE METHOD OF
CONSUMPTION AND ANY PARTICULAR STRAIN, VARIETY, AND QUANTITY OR PERCENT-
AGE  OF  MARIHUANA  OR  PARTICULAR  ACTIVE  INGREDIENT,  AND APPROPRIATE
DOSAGE. THE PRACTITIONER SHALL STATE IN THE CERTIFICATION ANY  RECOMMEN-
DATION  OR LIMITATION THE PRACTITIONER MAKES, IN HIS OR HER PROFESSIONAL
OPINION, CONCERNING THE APPROPRIATE FORM OR FORMS OF  MEDICAL  MARIHUANA
AND  DOSAGE,  INCLUDING  ANY  SPECIFICATION OF AN AMOUNT GREATER OR LESS
THAN TWO OUNCES OF MARIHUANA PER THIRTY DAY PERIOD IF CLINICALLY  APPRO-
PRIATE  IN  THE  PRACTITIONER'S  PROFESSIONAL OPINION, FOR THE CERTIFIED
PATIENT.
  4. THE PRACTITIONER SHALL GIVE  THE  CERTIFICATION  TO  THE  CERTIFIED
PATIENT, AND PLACE A COPY IN THE PATIENT'S HEALTH CARE RECORD.

A. 6357--D                          5

  5.  NO PRACTITIONER SHALL ISSUE A CERTIFICATION UNDER THIS SECTION FOR
HIMSELF OR HERSELF.
  6.  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,
  (A) IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT, IN THE PRAC-
TITIONER'S PROFESSIONAL OPINION, THE PATIENT WOULD BENEFIT FROM  MEDICAL
MARIHUANA  ONLY  UNTIL A SPECIFIED EARLIER DATE, THEN THE REGISTRY IDEN-
TIFICATION CARD SHALL EXPIRE ON THAT DATE;
  (B) IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT IN THE  PRAC-
TITIONER'S  PROFESSIONAL  OPINION THE PATIENT IS TERMINALLY ILL AND THAT
THE CERTIFICATION SHALL NOT EXPIRE UNTIL  THE  PATIENT  DIES,  THEN  THE
REGISTRY  IDENTIFICATION CARD SHALL STATE THAT THE PATIENT IS TERMINALLY
ILL AND THAT THE REGISTRATION CARD SHALL NOT EXPIRE  UNTIL  THE  PATIENT
DIES;
  (C)  IF  THE PRACTITIONER RE-ISSUES THE CERTIFICATION TO TERMINATE THE
CERTIFICATION ON AN EARLIER DATE, THEN THE REGISTRY IDENTIFICATION  CARD
SHALL  EXPIRE  ON THAT DATE AND SHALL BE PROMPTLY RETURNED BY THE CERTI-
FIED PATIENT TO THE DEPARTMENT; AND
  (D) IF THE CERTIFICATION SO PROVIDES, THE REGISTRY IDENTIFICATION CARD
SHALL STATE ANY RECOMMENDATION OR LIMITATION BY THE PRACTITIONER  AS  TO
THE  FORM  OR  FORMS  OF  MEDICAL  MARIHUANA OR DOSAGE FOR THE CERTIFIED
PATIENT.
  7. (A) A CERTIFICATION MAY BE A SPECIAL CERTIFICATION IF, IN  ADDITION
TO  THE  OTHER REQUIREMENTS FOR A CERTIFICATION, THE PRACTITIONER CERTI-
FIES IN THE  CERTIFICATION  THAT  THE  PATIENT'S  SERIOUS  CONDITION  IS
PROGRESSIVE  AND  DEGENERATIVE  OR THAT DELAY IN THE PATIENT'S CERTIFIED
MEDICAL USE OF MARIHUANA POSES A SERIOUS RISK TO THE PATIENT'S  LIFE  OR
HEALTH.
  (B)  THE  DEPARTMENT  SHALL  CREATE  THE FORM TO BE USED FOR A SPECIAL
CERTIFICATION AND SHALL MAKE THAT FORM AVAILABLE TO BE  DOWNLOADED  FROM
THE DEPARTMENT'S WEBSITE.
  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  WEIGHT  OF TWO OUNCES OF MARIHUANA PER THIRTY DAY
PERIOD, OR A GREATER OR LESSER AMOUNT SPECIFIED BY THE  PRACTITIONER  IN
THE CERTIFICATION; PROVIDED THAT DURING THE LAST SEVEN DAYS OF THE THIR-
TY  DAY PERIOD, THE CERTIFIED PATIENT MAY ALSO POSSESS UP TO SUCH AMOUNT
FOR THE NEXT THIRTY DAY PERIOD; 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; AND
  (C)  THE  FORM  OR FORMS OF MEDICAL MARIHUANA THAT MAY BE POSSESSED BY
THE CERTIFIED PATIENT OR DESIGNATED  CAREGIVER  PURSUANT  TO  A  CERTIF-
ICATION  SHALL BE IN COMPLIANCE WITH ANY RECOMMENDATION OR LIMITATION BY
THE PRACTITIONER AS TO THE FORM OR FORMS OF MEDICAL MARIHUANA OR  DOSAGE
FOR THE CERTIFIED PATIENT IN THE CERTIFICATION; AND

A. 6357--D                          6

  (D)  THE  MEDICAL  MARIHUANA  SHALL BE KEPT IN THE ORIGINAL PACKAGE IN
WHICH IT WAS DISPENSED UNDER SUBDIVISION  TEN  OF  SECTION  THIRTY-THREE
HUNDRED  SIXTY-FOUR  OF  THIS  TITLE, EXCEPT FOR THE PORTION REMOVED FOR
IMMEDIATE  CONSUMPTION  FOR  CERTIFIED  MEDICAL  USE  BY  THE  CERTIFIED
PATIENT.
  2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION:
  (A)  POSSESSION  OF  MEDICAL  MARIHUANA SHALL NOT BE LAWFUL UNDER THIS
TITLE IF IT IS SMOKED IN A PUBLIC  PLACE,  REGARDLESS  OF  THE  FORM  OF
MEDICAL MARIHUANA STATED IN THE PATIENT'S CERTIFICATION;
  (B) MEDICAL MARIHUANA MAY NOT BE SMOKED IN ANY PLACE WHERE TOBACCO MAY
NOT  BE  SMOKED  UNDER ARTICLE THIRTEEN-E OF THIS CHAPTER, REGARDLESS OF
THE FORM OF MEDICAL MARIHUANA STATED IN THE PATIENT'S CERTIFICATION;
  (C) MEDICAL MARIHUANA MAY NOT BE SMOKED BY ANYONE  UNDER  THE  AGE  OF
TWENTY-ONE.  THIS  SHALL  NOT  PRECLUDE THE USE OF ANY VAPORIZED MEDICAL
MARIHUANA; AND
  (D) A PERSON POSSESSING  MEDICAL  MARIHUANA  UNDER  THIS  TITLE  SHALL
POSSESS  HIS  OR  HER  REGISTRY IDENTIFICATION CARD AT ALL TIMES WHEN IN
IMMEDIATE POSSESSION OF MEDICAL MARIHUANA.
  S 3363. REGISTRY IDENTIFICATION  CARDS.    1.  UPON  APPROVAL  OF  THE
CERTIFICATION,  THE DEPARTMENT SHALL ISSUE REGISTRY IDENTIFICATION CARDS
FOR CERTIFIED PATIENTS AND DESIGNATED CAREGIVERS. A REGISTRY IDENTIFICA-
TION 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 AS SOON  AS
PRACTICABLE,  AND  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, AMEND OR RENEW A REGISTRY IDENTIFICATION CARD, A  CERTI-
FIED  PATIENT  OR DESIGNATED CAREGIVER SHALL FILE A REGISTRY APPLICATION
WITH THE DEPARTMENT. THE REGISTRY  APPLICATION  OR  RENEWAL  APPLICATION
SHALL INCLUDE:
  (A) IN THE CASE OF A CERTIFIED PATIENT, THE ORIGINAL PATIENT'S CERTIF-
ICATION  (A  NEW  WRITTEN CERTIFICATION SHALL BE PROVIDED WITH A RENEWAL
APPLICATION);
  (B) IN THE CASE OF A CERTIFIED PATIENT,
  (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT;
  (II) THE DATE OF THE CERTIFICATION;
  (III) IF THE PATIENT HAS A REGISTRY IDENTIFICATION  CARD  BASED  ON  A
CURRENT  VALID  CERTIFICATION,  THE  REGISTRY  IDENTIFICATION 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;
  (VI) ANY RECOMMENDATION OR LIMITATION BY THE PRACTITIONER  AS  TO  THE
FORM  OR FORMS OF MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED PATIENT;
AND
  (VII) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
MENT;
  (C) IN THE CASE OF A CERTIFIED PATIENT, IF THE  PATIENT  DESIGNATES  A
DESIGNATED CAREGIVER, THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIG-
NATED  CAREGIVER,  AND OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED
BY THE DEPARTMENT; A CERTIFIED PATIENT MAY DESIGNATE UP  TO  TWO  DESIG-
NATED CAREGIVERS;

A. 6357--D                          7

  (D) IN THE CASE OF A DESIGNATED CAREGIVER,
  (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIGNATED CAREGIVER;
  (II)  IF  THE DESIGNATED CAREGIVER HAS A REGISTRY IDENTIFICATION CARD,
THE REGISTRY IDENTIFICATION NUMBER AND EXPIRATION DATE OF THAT  REGISTRY
IDENTIFICATION CARD; AND
  (III) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
MENT;
  (E)  A  STATEMENT  THAT  A  FALSE STATEMENT MADE IN THE APPLICATION IS
PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW;
  (F) THE DATE OF THE APPLICATION AND THE  SIGNATURE  OF  THE  CERTIFIED
PATIENT OR DESIGNATED CAREGIVER, AS THE CASE MAY BE; AND
  (G)  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. IF THE DEPARTMENT HAS NOT ESTABLISHED AND MADE AVAILABLE A FORM FOR
A  REGISTRY APPLICATION OR RENEWAL APPLICATION AND DETERMINED THE APPLI-
CATION FEE IF ANY, OR ESTABLISHED AND MADE AVAILABLE A FORM FOR A REGIS-
TRY APPLICATION OR RENEWAL APPLICATION AND  DETERMINED  THE  APPLICATION
FEE  FOR  A SPECIAL CERTIFICATION, THEN IN THE CASE OF A SPECIAL CERTIF-
ICATION, A REGISTRY APPLICATION OR RENEWAL  APPLICATION  THAT  OTHERWISE
CONFORMS WITH THE REQUIREMENTS OF THIS SECTION SHALL NOT REQUIRE THE USE
OF A FORM OR THE PAYMENT OF AN APPLICATION FEE.
  4.  WHERE  AN  APPLICANT CHOOSES TO APPLY UNDER THE PROVISIONS OF THIS
TITLE RELATING  TO  A  SPECIAL  CERTIFICATION,  REGULATIONS  UNDER  THIS
SECTION  MAY  REQUIRE  THE  APPLICANT TO SUBMIT ADDITIONAL DOCUMENTATION
ESTABLISHING THE CLINICAL BASIS FOR THE SPECIAL CERTIFICATION.
  5. 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.
  6.  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.
  7.  NO PERSON MAY BE A DESIGNATED CAREGIVER FOR MORE THAN FIVE  CERTI-
FIED PATIENTS AT ONE TIME.
  8.  THE  DEPARTMENT SHALL ISSUE SEPARATE REGISTRY IDENTIFICATION CARDS
FOR CERTIFIED PATIENTS AND DESIGNATED CAREGIVERS WITHIN THIRTY  DAYS  OF
RECEIVING  A  COMPLETE  APPLICATION UNDER THIS SECTION, UNLESS IT DETER-
MINES THAT THE APPLICATION IS  INCOMPLETE  OR  FACIALLY  INACCURATE,  IN
WHICH CASE IT SHALL PROMPTLY NOTIFY THE APPLICANT.
  9.  IF THE APPLICATION OF A CERTIFIED PATIENT DESIGNATES AN INDIVIDUAL
AS A DESIGNATED CAREGIVER WHO IS NOT AUTHORIZED TO BE A DESIGNATED CARE-
GIVER, THAT PORTION OF THE APPLICATION SHALL BE DENIED BY THE DEPARTMENT
BUT THAT SHALL NOT AFFECT THE APPROVAL OF THE BALANCE  OF  THE  APPLICA-
TION.
  10. A REGISTRY IDENTIFICATION CARD SHALL:
  (A)  CONTAIN THE NAME OF THE CERTIFIED PATIENT OR THE DESIGNATED CARE-
GIVER AS THE CASE MAY BE;
  (B) CONTAIN THE DATE OF ISSUANCE AND EXPIRATION DATE OF  THE  REGISTRY
IDENTIFICATION CARD;

A. 6357--D                          8

  (C) CONTAIN A REGISTRY IDENTIFICATION NUMBER FOR THE CERTIFIED PATIENT
OR  DESIGNATED  CAREGIVER, AS THE CASE MAY BE AND A REGISTRY IDENTIFICA-
TION NUMBER;
  (D)  CONTAIN A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE REGISTRY IDEN-
TIFICATION CARD IS BEING ISSUED, WHICH SHALL BE OBTAINED BY THE  DEPART-
MENT IN A MANNER SPECIFIED BY THE COMMISSIONER IN REGULATIONS; PROVIDED,
HOWEVER,  THAT  IF  THE DEPARTMENT REQUIRES 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  PHOTO-
GRAPHS;
  (E) BE A SECURE DOCUMENT; AND
  (F) PLAINLY STATE ANY RECOMMENDATION OR LIMITATION BY THE PRACTITIONER
AS TO THE FORM OR FORMS OF MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED
PATIENT.
  11.  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.
  12.  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.
  13. 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.
  14.  THE  DEPARTMENT  SHALL  VERIFY TO LAW ENFORCEMENT PERSONNEL IN AN
APPROPRIATE CASE WHETHER A REGISTRY IDENTIFICATION CARD IS VALID.
  15. 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 SUSPENDED OR REVOKED.   THIS  IS  IN
ADDITION TO ANY OTHER PENALTY THAT MAY APPLY.
  16.  (A)  AS  USED  IN  THIS SUBDIVISION, THE "REGISTRY IMPLEMENTATION
DATE" IS THE DATE DETERMINED BY THE COMMISSIONER WHEN THE DEPARTMENT  IS
READY  TO  RECEIVE  AND  EXPEDITIOUSLY  ACT ON APPLICATIONS FOR REGISTRY
IDENTIFICATION CARDS UNDER THIS SECTION.
  (B) THIS PARAGRAPH SHALL APPLY ON AND AFTER THE  REGISTRY  IMPLEMENTA-
TION  DATE,  AND  SHALL APPLY BEFORE THE REGISTRY IMPLEMENTATION DATE IN
THE CASE OF A SPECIAL CERTIFICATION.  UPON RECEIPT OF AN APPLICATION FOR
A REGISTRY IDENTIFICATION CARD, THE DEPARTMENT SHALL SEND TO THE  APPLI-
CANT  A  LETTER  ACKNOWLEDGING SUCH RECEIPT. WHILE THE APPLICATION FOR A
REGISTRY IDENTIFICATION CARD IS PENDING, A COPY OF THE REGISTRY APPLICA-
TION, TOGETHER WITH A COPY OF THE CERTIFICATION (IN THE CASE OF A CERTI-
FIED PATIENT) AND A COPY OF THE LETTER OF RECEIPT FROM  THE  DEPARTMENT,

A. 6357--D                          9

SHALL  SERVE  AS  AND  HAVE THE SAME EFFECT AS A REGISTRY IDENTIFICATION
CARD FOR THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER, PROVIDED THAT  A
CERTIFICATION  AND APPLICATION SHALL NOT SERVE AS A VALID REGISTRY IDEN-
TIFICATION  CARD  AFTER  THE INITIAL THIRTY DAY PERIOD UNDER SUBDIVISION
SEVEN OF THIS SECTION.
  S 3364. REGISTERED ORGANIZATIONS. 1. A REGISTERED  ORGANIZATION  SHALL
BE  A FOR-PROFIT BUSINESS ENTITY OR NOT-FOR-PROFIT CORPORATION ORGANIZED
FOR THE PURPOSE OF ACQUIRING, POSSESSING, MANUFACTURING, SELLING, DELIV-
ERING, TRANSPORTING, DISTRIBUTING OR DISPENSING MARIHUANA FOR  CERTIFIED
MEDICAL USE.
  2.  THE ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIVERY, TRANSPORT-
ING, DISTRIBUTING OR DISPENSING OF MARIHUANA BY A  REGISTERED  ORGANIZA-
TION  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.  A  REGISTERED  ORGANIZATION  MAY  TRANSFER
POSSESSION  OF  MARIHUANA  TO, AND MAY RECOVER POSSESSION OF IT FROM, AN
ENTITY LICENSED BY THE DEPARTMENT  UNDER  SECTION  THIRTY-THREE  HUNDRED
TWENTY-FOUR OF THIS ARTICLE FOR PURPOSES OF CHEMICAL ANALYSIS.
  3.  (A)  A  REGISTERED ORGANIZATION MAY LAWFULLY, IN GOOD FAITH, SELL,
DELIVER, DISTRIBUTE OR DISPENSE MEDICAL MARIHUANA TO A CERTIFIED PATIENT
OR DESIGNATED CAREGIVER UPON PRESENTATION TO THE REGISTERED ORGANIZATION
OF A VALID REGISTRY IDENTIFICATION CARD FOR THAT  CERTIFIED  PATIENT  OR
DESIGNATED  CAREGIVER.  WHEN  PRESENTED WITH THE REGISTRY IDENTIFICATION
CARD, THE REGISTERED ORGANIZATION SHALL PROVIDE TO THE CERTIFIED PATIENT
OR DESIGNATED CAREGIVER A RECEIPT, WHICH SHALL STATE: THE NAME, ADDRESS,
AND REGISTRY IDENTIFICATION NUMBER OF THE REGISTERED  ORGANIZATION;  THE
NAME AND REGISTRY IDENTIFICATION NUMBER OF THE CERTIFIED PATIENT AND THE
DESIGNATED  CAREGIVER  (IF  ANY);  THE  DATE THE MARIHUANA WAS SOLD; ANY
RECOMMENDATION OR LIMITATION BY THE PRACTITIONER AS TO THE FORM OR FORMS
OF MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED PATIENT; AND  THE  FORM
AND  THE QUANTITY OF MEDICAL MARIHUANA SOLD. THE REGISTERED ORGANIZATION
SHALL RETAIN A COPY OF THE REGISTRY IDENTIFICATION CARD AND THE  RECEIPT
FOR SIX YEARS.
  (B)  THE REGISTERED ORGANIZATION SHALL REPORT TO THE DEPARTMENT, UNDER
SECTIONS THIRTY-THREE  HUNDRED  THIRTY-THREE  AND  THIRTY-THREE  HUNDRED
FORTY-THREE-A  OF  THIS ARTICLE, THE INFORMATION REQUIRED TO BE INCLUDED
IN THE RECEIPT UNDER THIS SUBDIVISION.
  4. (A) NO REGISTERED ORGANIZATION MAY  SELL,  DELIVER,  DISTRIBUTE  OR
DISPENSE  TO ANY CERTIFIED PATIENT OR DESIGNATED CAREGIVER A QUANTITY OF
MEDICAL MARIHUANA LARGER  THAN  THAT  INDIVIDUAL  WOULD  BE  ALLOWED  TO
POSSESS UNDER THIS TITLE.
  (B) WHEN DISPENSING MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR DESIG-
NATED  CAREGIVER,  THE REGISTERED ORGANIZATION (I) SHALL NOT DISPENSE AN
AMOUNT SUCH THAT THE CERTIFIED PATIENT WILL  HAVE  BEEN  DISPENSED  MORE
THAN  TWO  OUNCES  (OR SUCH GREATER OR LESSER AMOUNT AS SPECIFIED IN THE
CERTIFICATION) OF MEDICAL MARIHUANA IN THE PREVIOUS THIRTY DAYS,  COUNT-
ING  THE  AMOUNT  BEING  DISPENSED,  FROM  ALL REGISTERED ORGANIZATIONS;
PROVIDED THAT DURING THE LAST SEVEN DAYS OF THE THIRTY DAY  PERIOD,  THE
CERTIFIED  PATIENT  MAY ALSO BE DISPENSED UP TO SUCH AMOUNT FOR THE NEXT
THIRTY DAY PERIOD, AND (II) SHALL VERIFY THE FOREGOING BY CONSULTING THE
PRESCRIPTION MONITORING  PROGRAM  REGISTRY  UNDER  SECTION  THIRTY-THREE
HUNDRED FORTY-THREE-A OF THIS ARTICLE.
  (C)  MEDICAL  MARIHUANA DISPENSED TO A CERTIFIED PATIENT OR DESIGNATED
CAREGIVER BY A REGISTERED ORGANIZATION SHALL CONFORM TO ANY  RECOMMENDA-
TION  OR  LIMITATION  BY  THE  PRACTITIONER  AS  TO THE FORM OR FORMS OF
MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED PATIENT.

A. 6357--D                         10

  5. WHEN A REGISTERED  ORGANIZATION  SELLS,  DELIVERS,  DISTRIBUTES  OR
DISPENSES  MEDICAL  MARIHUANA TO A CERTIFIED PATIENT OR DESIGNATED CARE-
GIVER, IT SHALL PROVIDE TO THAT INDIVIDUAL A SAFETY INSERT,  WHICH  WILL
BE  DEVELOPED  AND  APPROVED BY THE COMMISSIONER AND INCLUDE, BUT NOT BE
LIMITED TO, INFORMATION ON:
  (A) METHODS FOR ADMINISTERING MEDICAL MARIHUANA IN INDIVIDUAL DOSES,
  (B)  ANY POTENTIAL DANGERS STEMMING FROM THE USE OF MEDICAL MARIHUANA,
AND
  (C) HOW TO RECOGNIZE WHAT MAY BE PROBLEMATIC USAGE OF MEDICAL MARIHUA-
NA AND OBTAIN APPROPRIATE SERVICES OR TREATMENT  FOR PROBLEMATIC USAGE.
  6. REGISTERED ORGANIZATIONS SHALL  NOT  EMPLOY  ANYONE  WHO  HAS  BEEN
CONVICTED  OF  ANY  FELONY OF SALE OR POSSESSION OF DRUGS, NARCOTICS, OR
CONTROLLED SUBSTANCES; PROVIDED THAT THIS SUBDIVISION  ONLY  APPLIES  TO
(A)  EMPLOYEES  WHO  COME INTO CONTACT WITH OR HANDLE MEDICAL MARIHUANA,
AND (B) A CONVICTION LESS THAN TEN YEARS (NOT  COUNTING  TIME  SPENT  IN
INCARCERATION)  PRIOR  TO  BEING  EMPLOYED, FOR WHICH THE PERSON HAS NOT
RECEIVED A CERTIFICATE OF RELIEF FROM DISABILITIES OR A  CERTIFICATE  OF
GOOD CONDUCT UNDER ARTICLE TWENTY-THREE OF THE CORRECTION LAW.
  7.  MANUFACTURING  OF  MEDICAL  MARIHUANA BY A REGISTERED ORGANIZATION
SHALL ONLY BE DONE IN AN INDOOR, ENCLOSED, SECURE  FACILITY,  WHICH  MAY
INCLUDE A GREENHOUSE.
  8.  A REGISTERED ORGANIZATION SHALL DETERMINE THE QUALITY, SAFETY, AND
CLINICAL STRENGTH OF MEDICAL MARIHUANA MANUFACTURED OR DISPENSED BY  THE
REGISTERED  ORGANIZATION, AND SHALL PROVIDE DOCUMENTATION OF THAT QUALI-
TY, SAFETY AND CLINICAL STRENGTH TO THE DEPARTMENT AND TO ANY PERSON  OR
ENTITY TO WHICH THE MEDICAL MARIHUANA IS SOLD OR DISPENSED.
  9.  A  REGISTERED  ORGANIZATION  SHALL  BE DEEMED TO BE A "HEALTH CARE
PROVIDER" FOR THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF  THIS  CHAP-
TER.
  10.  MEDICAL  MARIHUANA  SHALL  BE DISPENSED TO A CERTIFIED PATIENT OR
DESIGNATED CAREGIVER IN A SEALED AND  PROPERLY  LABELED  PACKAGE.    THE
LABELING  SHALL  CONTAIN: (A) THE INFORMATION REQUIRED TO BE INCLUDED IN
THE RECEIPT PROVIDED TO THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER BY
THE REGISTERED ORGANIZATION; (B) THE PACKAGING DATE; (C) ANY  APPLICABLE
DATE  BY WHICH THE MEDICAL MARIHUANA SHOULD BE USED; (D) A WARNING STAT-
ING, "THIS PRODUCT IS FOR MEDICINAL USE ONLY. WOMEN SHOULD  NOT  CONSUME
DURING  PREGNANCY  OR  WHILE  BREASTFEEDING  EXCEPT ON THE ADVICE OF THE
CERTIFYING HEALTH CARE PRACTITIONER, AND IN THE  CASE  OF  BREASTFEEDING
MOTHERS,  INCLUDING THE INFANT'S PEDIATRICIAN. THIS PRODUCT MIGHT IMPAIR
THE ABILITY TO DRIVE.   KEEP OUT OF REACH OF  CHILDREN.";  AND  (E)  THE
AMOUNT OF INDIVIDUAL DOSES CONTAINED WITHIN.
  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
OTHER PREMISES (WHICH SHALL BE SPECIFIED IN THE APPLICATION) AND  EQUIP-
MENT  TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICATION, OR
IN THE ALTERNATIVE POSTS A BOND OF NOT LESS THAN TWO MILLION DOLLARS;
  (III) IS ABLE TO MAINTAIN EFFECTIVE SECURITY AND  CONTROL  TO  PREVENT
DIVERSION, ABUSE, AND OTHER ILLEGAL CONDUCT RELATING TO THE MARIHUANA;

A. 6357--D                         11

  (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; AND
  (V)  HAS  ENTERED  INTO A LABOR PEACE AGREEMENT WITH A BONA-FIDE LABOR
ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR  ATTEMPTING  TO
REPRESENT  THE  APPLICANT'S EMPLOYEES.   THE MAINTENANCE OF SUCH A LABOR
PEACE AGREEMENT SHALL BE AN ONGOING MATERIAL CONDITION OF CERTIFICATION.
  (B) THE APPLICATION SHALL ESTABLISH THE APPLICANT'S STATUS UNDER PARA-
GRAPH (A) OR (B) 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 OF  A
FELONY  OR  HAD  A  REGISTRATION  OR LICENSE SUSPENDED OR REVOKED IN ANY
ADMINISTRATIVE OR JUDICIAL PROCEEDING; 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.
  (E) IN REVIEWING APPLICATIONS, THE DEPARTMENT  SHALL  GIVE  ADDITIONAL
CONSIDERATION  TO  APPLICANTS THAT UTILIZE A VERTICAL INTEGRATION MODEL.
FOR PURPOSES OF THIS TITLE, A VERTICAL INTEGRATION MODEL SHALL BE ONE IN
WHICH A REGISTERED ORGANIZATION POSSESSES LICENSES FOR  BOTH  PRODUCTION
AND DISPENSING.
  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;
THE COMMISSIONER MAY CONSIDER WHETHER THE NUMBER OF REGISTERED ORGANIZA-
TIONS IN AN AREA WILL BE ADEQUATE OR EXCESSIVE TO REASONABLY  SERVE  THE
AREA;
  (VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
TER; AND
  (VII)  THE  APPLICANT  HAS ENTERED INTO A LABOR PEACE AGREEMENT WITH A
BONA-FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR
ATTEMPTING TO REPRESENT THE APPLICANT'S EMPLOYEES.
  (B) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT SHOULD  BE
ISSUED  A  REGISTRATION, HE OR SHE SHALL NOTIFY THE APPLICANT IN WRITING

A. 6357--D                         12

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,
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;
  (II)  WHICH  ACTIVITIES  OF A REGISTERED ORGANIZATION ARE PERMITTED BY
THE REGISTRATION;
  (III) THE LAND, BUILDINGS AND FACILITIES THAT  MAY  BE  USED  FOR  THE
PERMITTED ACTIVITIES OF THE REGISTERED ORGANIZATION; AND
  (IV)  SUCH  OTHER MATTERS AS THE COMMISSIONER SHALL REASONABLY PROVIDE
TO ASSURE COMPLIANCE WITH THIS TITLE.
  (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
OR  FACILITIES.  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

A. 6357--D                         13

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:
  (I)  THE  APPLICANT  IS  UNLIKELY  TO  MAINTAIN OR BE ABLE TO MAINTAIN
EFFECTIVE CONTROL AGAINST DIVERSION; OR
  (II) THE APPLICANT IS UNLIKELY TO COMPLY WITH ALL STATE LAWS  APPLICA-
BLE TO THE ACTIVITIES IN WHICH IT MAY ENGAGE UNDER THE REGISTRATION;
  (III)  IT  IS  NOT  IN  THE  PUBLIC INTEREST TO RENEW THE REGISTRATION
BECAUSE THE NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA  IS  EXCESSIVE
TO REASONABLY SERVE THE AREA; OR
  (IV)  THE  APPLICANT HAS EITHER VIOLATED OR TERMINATED ITS LABOR PEACE
AGREEMENT.
  (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.
THE DEPARTMENT SHALL SUSPEND OR TERMINATE THE REGISTRATION IN THE  EVENT
THAT  A  REGISTERED  ORGANIZATION  VIOLATES OR TERMINATES THE APPLICABLE
LABOR PEACE AGREEMENT. CONDUCT IN COMPLIANCE WITH THIS TITLE, BUT  WHICH
MAY  VIOLATE CONFLICTING FEDERAL LAW, SHALL NOT BE GROUNDS TO SUSPEND OR
TERMINATE A REGISTRATION.
  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.
  9.  THE  COMMISSIONER SHALL DETERMINE THE APPROPRIATE NUMBER OF REGIS-
TERED ORGANIZATIONS AND  FACILITIES  TO  PROMOTE  REASONABLE  ACCESS  TO
MEDICAL  MARIHUANA IN THE INTEREST OF CERTIFIED PATIENTS AND THE PUBLIC.
DURING THE FIRST TWO YEARS AFTER THIS TITLE TAKES  EFFECT,  THE  COMMIS-
SIONER  SHALL REGISTER NO MORE THAN TWENTY REGISTERED ORGANIZATIONS THAT
MANUFACTURE MEDICAL MARIHUANA.
  S 3366. EXPEDITED REGISTRATION OF REGISTERED ORGANIZATIONS.  1.    THE
PURPOSE OF THIS SECTION IS TO EXPEDITE THE AVAILABILITY OF MEDICAL MARI-
HUANA TO AVOID SUFFERING AND LOSS OF LIFE, DURING THE PERIOD BEFORE FULL
IMPLEMENTATION  OF  AND  PRODUCTION  UNDER THIS TITLE, ESPECIALLY IN THE
CASE OF PATIENTS WHOSE SERIOUS CONDITION IS PROGRESSIVE AND DEGENERATIVE
OR IS SUCH THAT DELAY IN THE PATIENT'S MEDICAL USE OF MARIHUANA POSES  A
SERIOUS  RISK  TO  THE  PATIENT'S LIFE OR HEALTH. THE COMMISSIONER SHALL

A. 6357--D                         14

IMPLEMENT THIS SECTION AS EXPEDITIOUSLY  AS  PRACTICABLE,  INCLUDING  BY
EMERGENCY REGULATION.
  2.  THE  DEPARTMENT  SHALL  BEGIN ACCEPTING AND ACTING ON APPLICATIONS
UNDER THIS SECTION FOR REGISTERED ORGANIZATIONS AS SOON  AS  PRACTICABLE
AFTER THE EFFECTIVE DATE OF THIS TITLE.
  3.  FOR THE PURPOSES OF THIS SECTION, AND FOR SPECIFIED LIMITED TIMES,
THE COMMISSIONER MAY WAIVE OR MODIFY THE REQUIREMENTS  OF  THIS  ARTICLE
RELATING  TO  REGISTERED  ORGANIZATIONS, CONSISTENT WITH THE LEGISLATIVE
INTENT AND PURPOSE OF THIS TITLE AND THIS SECTION.  WHERE  A  REGISTERED
ORGANIZATION  OPERATES  IN  A  JURISDICTION  OTHER THAN THE STATE OF NEW
YORK, UNDER LICENSURE OR OTHER GOVERNMENTAL RECOGNITION OF  THAT  JURIS-
DICTION, AND THE LAWS OF THAT JURISDICTION ARE ACCEPTABLE TO THE COMMIS-
SIONER  AS  CONSISTENT  WITH  THE LEGISLATIVE INTENT AND PURPOSE OF THIS
TITLE AND THIS SECTION, THEN THE COMMISSIONER MAY ACCEPT THAT  LICENSURE
OR  RECOGNITION  AS  WHOLLY  OR PARTIALLY SATISFYING THE REQUIREMENTS OF
THIS TITLE, FOR PURPOSES OF THE REGISTRATION AND OPERATION OF THE REGIS-
TERED ORGANIZATION UNDER THIS SECTION.
  4. IN CONSIDERING APPLICATIONS UNDER THIS  SECTION  FOR  REGISTRATION,
THE COMMISSIONER SHALL GIVE PREFERENCE TO THE FOLLOWING:
  (A)  APPLICANTS  THAT  ARE  CURRENTLY PRODUCING OR PROVIDING OR HAVE A
HISTORY OF PRODUCING OR PROVIDING MEDICAL MARIHUANA IN  OTHER  JURISDIC-
TIONS IN FULL COMPLIANCE WITH THE LAWS OF THE JURISDICTION;
  (B)  APPLICANTS  THAT ARE ABLE AND QUALIFIED TO BOTH PRODUCE, DISTRIB-
UTE, AND DISPENSE MEDICAL MARIHUANA TO PATIENTS EXPEDITIOUSLY;
  (C) APPLICANTS THAT PROPOSE LOCATIONS FOR DISPENSING BY THE REGISTERED
ORGANIZATION, WHICH ENSURE, TO THE GREATEST EXTENT POSSIBLE, THAT CERTI-
FIED PATIENTS THROUGHOUT THE STATE HAVE ACCESS TO A REGISTERED ORGANIZA-
TION.
  5. THE COMMISSIONER  MAY  LIMIT  REGISTERED  ORGANIZATIONS  REGISTERED
UNDER THIS SECTION TO SERVING PATIENTS WITH SPECIAL CERTIFICATIONS.
  6.  A  REGISTERED ORGANIZATION REGISTERED UNDER THIS SECTION MAY APPLY
UNDER SECTION THIRTY-THREE HUNDRED SIXTY-FIVE OF THIS TITLE  TO  RECEIVE
OR RENEW REGISTRATION.
  S  3367.  REPORTS  BY  REGISTERED  ORGANIZATIONS.  1. THE COMMISSIONER
SHALL, BY REGULATION,  REQUIRE  EACH  REGISTERED  ORGANIZATION  TO  FILE
REPORTS  BY THE REGISTERED ORGANIZATION DURING A PARTICULAR PERIOD.  THE
COMMISSIONER SHALL DETERMINE THE INFORMATION  TO  BE  REPORTED  AND  THE
FORMS, TIME, AND MANNER OF THE REPORTING.
  2.  THE  COMMISSIONER  SHALL,  BY  REGULATION, REQUIRE EACH REGISTERED
ORGANIZATION TO ADOPT AND MAINTAIN SECURITY, TRACKING,  RECORD  KEEPING,
RECORD RETENTION AND SURVEILLANCE SYSTEMS, RELATING TO ALL MEDICAL MARI-
HUANA AT EVERY STAGE OF ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIV-
ERY,  TRANSPORTING, DISTRIBUTING, OR DISPENSING BY THE REGISTERED ORGAN-
IZATION, SUBJECT TO REGULATIONS OF THE COMMISSIONER.
  S 3368. EVALUATION; RESEARCH PROGRAMS; REPORT BY  DEPARTMENT.  1.  THE
COMMISSIONER  MAY  PROVIDE FOR THE ANALYSIS AND EVALUATION OF THE OPERA-
TION OF THIS TITLE. THE COMMISSIONER MAY ENTER INTO AGREEMENTS WITH  ONE
OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS OR OTHER ORGANIZATIONS, FOR
THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTATION AND EFFECTIVENESS
OF THIS TITLE.
  2.  THE  DEPARTMENT  MAY  DEVELOP, SEEK ANY NECESSARY FEDERAL APPROVAL
FOR, AND CARRY OUT RESEARCH PROGRAMS RELATING TO MEDICAL USE OF MARIHUA-
NA.  PARTICIPATION IN ANY SUCH RESEARCH PROGRAM SHALL  BE  VOLUNTARY  ON
THE PART OF PRACTITIONERS, PATIENTS, AND DESIGNATED CAREGIVERS.
  3.  THE  DEPARTMENT  SHALL REPORT EVERY TWO YEARS, BEGINNING TWO YEARS
AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA-

A. 6357--D                         15

TURE ON THE MEDICAL USE OF MARIHUANA UNDER THIS TITLE AND MAKE APPROPRI-
ATE RECOMMENDATIONS.
  S  3369. RELATION TO OTHER LAWS. 1. (A) 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.
  (B) MEDICAL MARIHUANA SHALL NOT BE DEEMED TO BE A "DRUG" FOR  PURPOSES
OF ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW.
  2.  NOTHING  IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE 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 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 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.
  2. 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.
  3.  NON-DISCRIMINATION.   BEING A CERTIFIED PATIENT SHALL BE DEEMED TO
BE HAVING A "DISABILITY" UNDER ARTICLE  FIFTEEN  OF  THE  EXECUTIVE  LAW
(HUMAN  RIGHTS  LAW),  SECTION FORTY-C OF THE CIVIL RIGHTS LAW, SECTIONS
240.00, 485.00, AND 485.05 OF THE PENAL LAW, AND SECTION 200.50  OF  THE
CRIMINAL  PROCEDURE  LAW. THIS SUBDIVISION SHALL NOT BAR THE ENFORCEMENT
OF A POLICY PROHIBITING AN EMPLOYEE FROM PERFORMING HIS OR  HER  EMPLOY-
MENT  DUTIES UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE. A SCHOOL MAY
NOT REFUSE TO ENROLL OR OTHERWISE PENALIZE  A  PERSON  SOLELY  FOR  THAT
PERSON'S  STATUS  AS  A  CERTIFIED PATIENT OR DESIGNATED CAREGIVER. THIS
SUBDIVISION SHALL NOT REQUIRE ANY PERSON OR ENTITY TO DO  ANY  ACT  THAT
WOULD  PUT  THE PERSON OR ENTITY IN VIOLATION OF FEDERAL LAW OR CAUSE IT
TO LOSE A FEDERAL CONTRACT OR FUNDING.
  4. PERSON MAY NOT BE DENIED MEDICAL CARE, INCLUDING ORGAN  TRANSPLANT.
FOR  THE  PURPOSES  OF  MEDICAL  CARE,  INCLUDING  ORGAN  TRANSPLANTS, A
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.
  5. 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.
  S 3369-B. REGULATIONS. THE  COMMISSIONER  SHALL  MAKE  REGULATIONS  TO
IMPLEMENT THIS TITLE.
  S 3369-C. 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

A. 6357--D                         16

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  3343-a of the public health law is amended by adding a
new subdivision 8-a to read as follows:
  8-A. MEDICAL MARIHUANA. AS USED  IN  ANY  PROVISION  OF  THIS  ARTICLE
RELATING  TO THE PRESCRIPTION MONITORING PROGRAM REGISTRY, THE FOLLOWING
TERMS SHALL INCLUDE THE FOLLOWING IN RELATION TO MEDICAL  MARIHUANA,  IN
ADDITION TO THE MEANING EACH TERM WOULD OTHERWISE HAVE:
  (A)  "PRESCRIPTION,"  "PRESCRIBE,"  AND "PRESCRIBER," INCLUDE, RESPEC-
TIVELY, A CERTIFICATION, THE ISSUING OF A CERTIFICATION, AND  A  PRACTI-
TIONER UNDER TITLE FIVE-A OF THIS ARTICLE.
  (B)  "PHARMACY"  INCLUDES A REGISTERED ORGANIZATION THAT IS AUTHORIZED
TO DISPENSE MEDICAL  MARIHUANA  UNDER  TITLE  FIVE-A  OF  THIS  ARTICLE;
PROVIDED  THAT A REGISTERED ORGANIZATION THAT IS NOT A FACILITY LICENSED
UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR A PHARMACY  UNDER  ARTICLE
ONE  HUNDRED  THIRTY-SEVEN OF THE EDUCATION LAW SHALL ONLY BE AUTHORIZED
TO CONSULT THE REGISTRY OR ACCESS PATIENT-SPECIFIC INFORMATION FROM  THE
REGISTRY (INCLUDING UNDER SUBDIVISION THREE OF THIS SECTION AND SUBDIVI-
SION TWO OF SECTION THIRTY-THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE) IN
DIRECT  RELATION  TO  MEDICAL MARIHUANA, BUT SHALL REPORT INFORMATION TO
THE REGISTRY, INCLUDING UNDER SUBDIVISION FOUR OF  SECTION  THIRTY-THREE
HUNDRED THIRTY-THREE OF THIS ARTICLE.
  (C)  "PATIENT-SPECIFIC INFORMATION," IN RELATION TO MEDICAL MARIHUANA,
SHALL NOT INCLUDE INFORMATION NOT REQUIRED TO BE INCLUDED IN  A  CERTIF-
ICATION UNDER TITLE FIVE-A OF THIS ARTICLE.
  (D)  "CONTROLLED  SUBSTANCE" INCLUDES MEDICAL MARIHUANA, REGARDLESS OF
WHETHER THE PROVISION IN WHICH THE TERM IS FOUND IS LIMITED TO SCHEDULES
OTHER THAN SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THIS  ARTI-
CLE.
  (E)  "MEDICAL MARIHUANA" MEANS MEDICAL MARIHUANA UNDER TITLE FIVE-A OF
THIS ARTICLE.
  S 4. The tax law is amended by adding a new article 20-B  to  read  as
follows:
                              ARTICLE 20-B
                        TAX ON MEDICAL MARIHUANA
SECTION 490. EXCISE TAX ON MEDICAL MARIHUANA.
  S  490.  EXCISE  TAX ON MEDICAL MARIHUANA. 1. ALL DEFINITIONS OF TERMS
APPLICABLE TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC  HEALTH
LAW SHALL APPLY TO THIS ARTICLE.
  2.  THERE  IS HEREBY LEVIED AND IMPOSED ON REGISTERED ORGANIZATIONS AN
EXCISE TAX ON ALL MEDICAL MARIHUANA SOLD TO ANOTHER REGISTERED ORGANIZA-
TION OR TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER. THE  EXCISE  TAX
SHALL BE AT THE RATE OF SEVEN PERCENT OF THE RETAIL PRICE OF THE MEDICAL
MARIHUANA DISPENSED.
  3.  TWENTY-TWO  AND FIVE-TENTHS PERCENT OF THE REVENUE RECEIVED BY THE
DEPARTMENT SHALL BE TRANSFERRED TO THE COUNTY IN NEW YORK STATE IN WHICH
THE MEDICAL MARIHUANA WAS MANUFACTURED AND  TWENTY-TWO  AND  FIVE-TENTHS
PERCENT  OF  THE REVENUE RECEIVED BY THE DEPARTMENT SHALL BE TRANSFERRED
TO THE COUNTY IN NEW YORK STATE  IN  WHICH  THE  MEDICAL  MARIHUANA  WAS
DISPENSED.  FOR  PURPOSES OF THE PREVIOUS SENTENCE, THE CITY OF NEW YORK
SHALL BE DEEMED TO BE A COUNTY.  FIVE PERCENT OF THE REVENUE RECEIVED BY
THE DEPARTMENT SHALL BE TRANSFERRED TO  THE  OFFICE  OF  ALCOHOLISM  AND
SUBSTANCE  ABUSE  SERVICES,  WHICH SHALL USE THAT REVENUE FOR ADDITIONAL
DRUG ABUSE PREVENTION, COUNSELING AND TREATMENT SERVICES.  FIVE  PERCENT
OF  THE  REVENUE  RECEIVED BY THE DEPARTMENT SHALL BE TRANSFERRED TO THE
DIVISION OF CRIMINAL JUSTICE SERVICES, WHICH SHALL USE THAT REVENUE  FOR

A. 6357--D                         17

A  PROGRAM  OF  DISCRETIONARY  GRANTS TO STATE AND LOCAL LAW ENFORCEMENT
AGENCIES THAT DEMONSTRATE A NEED RELATING TO  TITLE  FIVE-A  OF  ARTICLE
THIRTY-THREE  OF  THE  PUBLIC  HEALTH LAW. SAID GRANTS COULD BE USED FOR
PERSONNEL COSTS OF STATE AND LOCAL LAW ENFORCEMENT AGENCIES.
  4.  A  REGISTERED  ORGANIZATION THAT DISPENSES MEDICAL MARIHUANA SHALL
PROVIDE TO THE DEPARTMENT INFORMATION ON WHERE THE MEDICAL MARIHUANA WAS
DISPENSED AND WHERE THE MEDICAL MARIHUANA WAS MANUFACTURED. A REGISTERED
ORGANIZATION THAT OBTAINS MARIHUANA FROM ANOTHER REGISTERED ORGANIZATION
SHALL OBTAIN FROM SUCH REGISTERED ORGANIZATION INFORMATION ON WHERE  THE
MEDICAL MARIHUANA WAS MANUFACTURED.
  5. THE COMMISSIONER SHALL MAKE REGULATIONS TO IMPLEMENT THIS ARTICLE.
  S  5.  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  6.  Section 221.00 of the penal law, as added by chapter 360 of the
laws of 1977, is amended to read as follows:
S 221.00 Marihuana; definitions.
  Unless the context in which they are used clearly otherwise  requires,
the terms occurring in this article shall have the same meaning ascribed
to  them in article two hundred twenty of this chapter.  ANY ACT THAT IS
LAWFUL UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE  PUBLIC  HEALTH
LAW IS NOT A VIOLATION OF THIS ARTICLE.
  S 7.  This act shall take effect immediately.

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A6357E (ACTIVE) - Bill Details

See Senate Version of this Bill:
S7923
Law Section:
Public Health Law
Laws Affected:
Add Art 33 Title 5-A §§3360 - 3369-e, amd §3371, Pub Health L; add Art 20-B §§490 & 491, amd §171-a, Tax L; add §89-h, St Fin L; amd §853, Gen Bus L; amd §221.00, add Art 179 §§179.00 - 179.15, Pen L; amd §§216.00 & 410.91, CP L

A6357E (ACTIVE) - Bill Texts

view summary

Relates to the medical use of marihuana; legalizes the possession, manufacture, use, delivery, transport or administration of medical marihuana by a 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 patient would receive therapeutic or palliative benefit from use of medical marihuana.

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

                                 6357--E

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced  by  M.  of A. GOTTFRIED, LUPARDO, CAHILL, CLARK, CYMBROWITZ,
  DINOWITZ, HEVESI, LAVINE, PAULIN, PEOPLES-STOKES,  ROSENTHAL,  TITONE,
  ARROYO,  BRONSON, BROOK-KRASNY, COOK, CRESPO, DenDEKKER, FAHY, JAFFEE,
  KAVANAGH, LIFTON, OTIS, RIVERA,  ROBERTS,  SKARTADOS,  STECK,  WEPRIN,
  ZEBROWSKI, SEPULVEDA, KATZ, MILLER, O'DONNELL -- Multi-Sponsored by --
  M.  of  A.    ABINANTI, AUBRY, BRAUNSTEIN, BRENNAN, BUCHWALD, FARRELL,
  GALEF, GLICK, HIKIND, JACOBS, KELLNER, MAGEE, MARKEY, McDONALD,  MILL-
  MAN,  MOSLEY,  MOYA, PERRY, PRETLOW, ROBINSON, RODRIGUEZ, SCARBOROUGH,
  SCHIMEL, SWEENEY, WALTER, WEISENBERG, WRIGHT --  (at  request  of  the
  Governor)  --  read  once  and  referred to the Committee on Health --
  reported and referred to  the  Committee  on  Codes  --  reported  and
  referred  to the Committee on Ways and Means -- passed by Assembly and
  delivered to the Senate, recalled from the Senate, vote  reconsidered,
  bill  amended,  ordered reprinted, retaining its place on the order of
  third reading -- recommitted to the Committee on Health in  accordance
  with Assembly Rule 3, sec. 2 -- reported and referred to the Committee
  on  Codes  -- reported and referred to the Committee on Ways and Means
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to  said  committee  -- reported and referred to the
  Committee on Rules -- passed by Assembly and delivered to the  Senate,
  recalled  from  the  Senate,  vote reconsidered, bill amended, ordered
  reprinted, retaining its place on the special order of  third  reading
  --   recommitted   to  the  Committee  on  Rules  --  Rules  Committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to the Committee on Rules -- again reported from said  committee  with
  amendments,  ordered  reprinted  as  amended  and  recommitted to said
  committee

AN ACT to amend the public health law, the tax law,  the  state  finance
  law,  the  general business law, the penal law and the criminal proce-
  dure law, in relation to medical use of marihuana; and  providing  for
  the repeal of such provisions upon expiration thereof


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01604-31-4

A. 6357--E                          2

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

  Section  1. Article 33 of the public health law is amended by adding a
new title 5-A to read as follows:
                                TITLE V-A
                        MEDICAL USE OF MARIHUANA
SECTION 3360.   DEFINITIONS.
        3361.   CERTIFICATION OF 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.   RELATION TO OTHER LAWS.
        3369.   PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA.
        3369-A. REGULATIONS.
        3369-B. EFFECTIVE DATE.
        3369-C. SUSPEND; TERMINATE.
        3369-D. PRICING.
        3369-E. 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, OR,
TRANSPORTATION OF MEDICAL MARIHUANA  BY  A  CERTIFIED  PATIENT,  OR  THE
ACQUISITION,  POSSESSION,  DELIVERY, TRANSPORTATION OR ADMINISTRATION OF
MEDICAL MARIHUANA BY A DESIGNATED CAREGIVER, FOR  USE  AS  PART  OF  THE
TREATMENT OF THE PATIENT'S SERIOUS CONDITION, AS AUTHORIZED IN A CERTIF-
ICATION  UNDER  THIS  TITLE  INCLUDING  ENABLING THE PATIENT TO TOLERATE
TREATMENT FOR THE SERIOUS CONDITION. A CERTIFIED MEDICAL  USE  DOES  NOT
INCLUDE SMOKING.
  2.  "CARING  FOR" MEANS TREATING 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 A RESIDENT OF NEW YORK
STATE OR RECEIVING CARE AND TREATMENT IN NEW YORK STATE AS DETERMINED BY
THE  COMMISSIONER  IN  REGULATION,  AND  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. A CERTIFIED PATIENT MAY DESIG-
NATE UP TO TWO DESIGNATED CAREGIVERS.
  6. "PUBLIC PLACE" MEANS A PUBLIC PLACE AS DEFINED IN REGULATION BY THE
COMMISSIONER.
  7. (A) "SERIOUS CONDITION" MEANS:
  (I) HAVING ONE OF THE FOLLOWING SEVERE DEBILITATING OR  LIFE-THREATEN-
ING  CONDITIONS:    CANCER,  POSITIVE  STATUS FOR HUMAN IMMUNODEFICIENCY
VIRUS OR ACQUIRED IMMUNE DEFICIENCY SYNDROME, AMYOTROPHIC LATERAL SCLER-
OSIS, PARKINSON'S DISEASE, MULTIPLE SCLEROSIS,  DAMAGE  TO  THE  NERVOUS
TISSUE  OF  THE  SPINAL  CORD  WITH OBJECTIVE NEUROLOGICAL INDICATION OF
INTRACTABLE SPASTICITY, EPILEPSY, INFLAMMATORY BOWEL  DISEASE,  NEUROPA-
THIES, HUNTINGTON'S DISEASE, OR AS ADDED BY THE COMMISSIONER; AND

A. 6357--E                          3

  (II) ANY OF THE FOLLOWING CONDITIONS WHERE IT IS CLINICALLY ASSOCIATED
WITH,  OR  A  COMPLICATION  OF,  A CONDITION UNDER THIS PARAGRAPH OR ITS
TREATMENT: CACHEXIA OR WASTING SYNDROME; SEVERE OR CHRONIC PAIN;  SEVERE
NAUSEA; SEIZURES; SEVERE OR PERSISTENT MUSCLE SPASMS; OR SUCH CONDITIONS
AS ARE ADDED BY THE COMMISSIONER.
  (B)  NO  LATER  THAN  EIGHTEEN  MONTHS FROM THE EFFECTIVE DATE OF THIS
SECTION, THE COMMISSIONER SHALL DETERMINE WHETHER TO ADD  THE  FOLLOWING
SERIOUS   CONDITIONS:   ALZHEIMER'S,   MUSCULAR   DYSTROPHY,   DYSTONIA,
POST-TRAUMATIC STRESS DISORDER AND RHEUMATOID ARTHRITIS.
  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, AS DETERMINED BY THE COMMISSIONER IN HIS OR HER
SOLE DISCRETION. ANY FORM OF  MEDICAL  MARIHUANA  NOT  APPROVED  BY  THE
COMMISSIONER IS EXPRESSLY PROHIBITED.
  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  (I)  IS  A  PHYSICIAN
LICENSED  BY NEW YORK STATE AND PRACTICING WITHIN THE STATE, (II) WHO BY
TRAINING OR EXPERIENCE IS QUALIFIED TO  TREAT  A  SERIOUS  CONDITION  AS
DEFINED  IN SUBDIVISION SEVEN OF THIS SECTION; AND (III) HAS COMPLETED A
TWO TO FOUR HOUR COURSE AS DETERMINED BY THE COMMISSIONER IN  REGULATION
AND  REGISTERED  WITH  THE  DEPARTMENT; PROVIDED HOWEVER, A REGISTRATION
SHALL NOT BE DENIED WITHOUT CAUSE. SUCH COURSE MAY  COUNT  TOWARD  BOARD
CERTIFICATION  REQUIREMENTS.  THE COMMISSIONER SHALL CONSIDER THE INCLU-
SION OF NURSE PRACTITIONERS UNDER THIS TITLE BASED  UPON  CONSIDERATIONS
INCLUDING  ACCESS AND AVAILABILITY. AFTER SUCH CONSIDERATION THE COMMIS-
SIONER IS AUTHORIZED TO DEEM NURSE PRACTITIONERS AS PRACTITIONERS  UNDER
THIS TITLE.
  13.  "TERMINALLY ILL" MEANS AN INDIVIDUAL HAS A MEDICAL PROGNOSIS THAT
THE INDIVIDUAL'S LIFE EXPECTANCY IS APPROXIMATELY ONE YEAR  OR  LESS  IF
THE ILLNESS RUNS ITS NORMAL COURSE.
  14. "LABOR PEACE AGREEMENT" MEANS AN AGREEMENT BETWEEN AN ENTITY AND A
LABOR  ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S PROPRIETARY
INTERESTS BY PROHIBITING LABOR ORGANIZATIONS AND MEMBERS  FROM  ENGAGING
IN PICKETING, WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFER-
ENCE WITH THE REGISTERED ORGANIZATION'S BUSINESS.
  15.  "INDIVIDUAL DOSE" MEANS A SINGLE MEASURE OF RAW MEDICAL MARIHUANA
OR NON-INFUSED CONCENTRATES TO BE DETERMINED AND CLEARLY IDENTIFIED BY A
PATIENT'S PRACTITIONER FOR THE PATIENT'S SPECIFIC  CERTIFIED  CONDITION.
FOR  INGESTIBLE OR SUB-LINGUAL MEDICAL MARIHUANA PRODUCTS, NO INDIVIDUAL
DOSE MAY CONTAIN MORE THAN TEN MILLIGRAMS OF TETRAHYDROCANNABINOL.
  16. "FORM OF MEDICAL MARIHUANA" MEANS CHARACTERISTICS OF  THE  MEDICAL
MARIHUANA  RECOMMENDED  OR  LIMITED  FOR A PARTICULAR CERTIFIED PATIENT,
INCLUDING THE METHOD OF CONSUMPTION AND ANY PARTICULAR STRAIN,  VARIETY,
AND QUANTITY OR PERCENTAGE OF MARIHUANA OR PARTICULAR ACTIVE INGREDIENT.
  17.  "APPLICANT"  MEANS  A  FOR-PROFIT ENTITY OR NOT-FOR-PROFIT CORPO-
RATION AND INCLUDES:  BOARD MEMBERS, OFFICERS, MANAGERS,  OWNERS,  PART-
NERS,  PRINCIPAL  STAKEHOLDERS  AND MEMBERS WHO SUBMIT AN APPLICATION TO
BECOME A REGISTERED ORGANIZATION.

A. 6357--E                          4

  S 3361. CERTIFICATION OF PATIENTS. 1. A PATIENT CERTIFICATION MAY ONLY
BE ISSUED IF: (A) A PRACTITIONER HAS BEEN REGISTERED WITH THE DEPARTMENT
TO ISSUE A CERTIFICATION AS DETERMINED  BY  THE  COMMISSIONER;  (B)  THE
PATIENT  HAS  A  SERIOUS  CONDITION,  WHICH  SHALL  BE  SPECIFIED IN THE
PATIENT'S  HEALTH CARE RECORD; (C) THE PRACTITIONER BY TRAINING OR EXPE-
RIENCE IS QUALIFIED TO TREAT THE SERIOUS CONDITION; (D) THE  PATIENT  IS
UNDER  THE PRACTITIONER'S CONTINUING CARE FOR THE SERIOUS CONDITION; AND
(E) IN THE PRACTITIONER'S PROFESSIONAL OPINION AND REVIEW OF PAST TREAT-
MENTS, THE PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE  BENE-
FIT  FROM  THE PRIMARY OR ADJUNCTIVE TREATMENT WITH MEDICAL USE OF MARI-
HUANA FOR THE SERIOUS CONDITION.
  2. THE CERTIFICATION SHALL INCLUDE (A) THE NAME,  DATE  OF  BIRTH  AND
ADDRESS  OF  THE PATIENT; (B) A STATEMENT THAT THE PATIENT HAS A SERIOUS
CONDITION AND THE PATIENT IS UNDER THE PRACTITIONER'S CARE FOR THE SERI-
OUS CONDITION; (C) A STATEMENT ATTESTING THAT ALL REQUIREMENTS OF SUBDI-
VISION ONE OF THIS SECTION HAVE BEEN SATISFIED; (D) THE  DATE;  AND  (E)
THE  NAME,  ADDRESS,  FEDERAL REGISTRATION NUMBER, TELEPHONE NUMBER, AND
THE HANDWRITTEN SIGNATURE OF THE CERTIFYING PRACTITIONER.   THE  COMMIS-
SIONER  MAY  REQUIRE  BY REGULATION THAT THE CERTIFICATION SHALL BE ON A
FORM PROVIDED BY THE DEPARTMENT.  THE  PRACTITIONER  MAY  STATE  IN  THE
CERTIFICATION  THAT,  IN  THE  PRACTITIONER'S  PROFESSIONAL OPINION, THE
PATIENT WOULD BENEFIT FROM MEDICAL  MARIHUANA  ONLY  UNTIL  A  SPECIFIED
DATE. THE PRACTITIONER MAY STATE IN THE CERTIFICATION THAT, IN THE PRAC-
TITIONER'S  PROFESSIONAL OPINION, THE PATIENT IS TERMINALLY ILL AND THAT
THE CERTIFICATION SHALL NOT EXPIRE UNTIL THE PATIENT DIES.
  3. IN MAKING A CERTIFICATION, THE PRACTITIONER SHALL CONSIDER THE FORM
OF MEDICAL MARIHUANA THE PATIENT SHOULD CONSUME, INCLUDING THE METHOD OF
CONSUMPTION AND ANY PARTICULAR STRAIN, VARIETY, AND QUANTITY OR PERCENT-
AGE OF  MARIHUANA  OR  PARTICULAR  ACTIVE  INGREDIENT,  AND  APPROPRIATE
DOSAGE.  THE PRACTITIONER SHALL STATE IN THE CERTIFICATION ANY RECOMMEN-
DATION  OR LIMITATION THE PRACTITIONER MAKES, IN HIS OR HER PROFESSIONAL
OPINION, CONCERNING THE APPROPRIATE FORM OR FORMS OF  MEDICAL  MARIHUANA
AND DOSAGE.
  4.  EVERY  PRACTITIONER SHALL CONSULT THE PRESCRIPTION MONITORING DRUG
PROGRAM REGISTRY PRIOR TO MAKING OR ISSUING  A  CERTIFICATION,  FOR  THE
PURPOSE  OF  REVIEWING  A  PATIENT'S  CONTROLLED  SUBSTANCE HISTORY. FOR
PURPOSES OF THIS SECTION, A PRACTITIONER MAY  AUTHORIZE  A  DESIGNEE  TO
CONSULT  THE  PRESCRIPTION  MONITORING  PROGRAM  REGISTRY  ON HIS OR HER
BEHALF, PROVIDED THAT SUCH DESIGNATION IS  IN  ACCORDANCE  WITH  SECTION
THIRTY-THREE HUNDRED FORTY-THREE-A OF THIS ARTICLE.
  5.  THE  PRACTITIONER  SHALL  GIVE  THE CERTIFICATION TO THE CERTIFIED
PATIENT, AND PLACE A COPY IN THE PATIENT'S HEALTH CARE RECORD.
  6. NO PRACTITIONER SHALL ISSUE A CERTIFICATION UNDER THIS SECTION  FOR
HIMSELF OR HERSELF.
  7.    A  REGISTRY  IDENTIFICATION  CARD BASED ON A CERTIFICATION SHALL
EXPIRE ONE YEAR AFTER THE DATE THE CERTIFICATION IS SIGNED BY THE  PRAC-
TITIONER.
  8.  (A)  IF  THE PRACTITIONER STATES IN THE CERTIFICATION THAT, IN THE
PRACTITIONER'S PROFESSIONAL OPINION,  THE  PATIENT  WOULD  BENEFIT  FROM
MEDICAL MARIHUANA ONLY UNTIL A SPECIFIED EARLIER DATE, THEN THE REGISTRY
IDENTIFICATION CARD SHALL EXPIRE ON THAT DATE;
  (B)  IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT IN THE PRAC-
TITIONER'S PROFESSIONAL OPINION THE PATIENT IS TERMINALLY ILL  AND  THAT
THE  CERTIFICATION  SHALL  NOT  EXPIRE  UNTIL THE PATIENT DIES, THEN THE
REGISTRY IDENTIFICATION CARD SHALL STATE THAT THE PATIENT IS  TERMINALLY

A. 6357--E                          5

ILL  AND  THAT  THE REGISTRATION CARD SHALL NOT EXPIRE UNTIL THE PATIENT
DIES;
  (C)  IF  THE PRACTITIONER RE-ISSUES THE CERTIFICATION TO TERMINATE THE
CERTIFICATION ON AN EARLIER DATE, THEN THE REGISTRY IDENTIFICATION  CARD
SHALL  EXPIRE  ON THAT DATE AND SHALL BE PROMPTLY RETURNED BY THE CERTI-
FIED PATIENT TO THE DEPARTMENT;
  (D) IF THE CERTIFICATION SO PROVIDES, THE REGISTRY IDENTIFICATION CARD
SHALL STATE ANY RECOMMENDATION OR LIMITATION BY THE PRACTITIONER  AS  TO
THE  FORM  OR  FORMS  OF  MEDICAL  MARIHUANA OR DOSAGE FOR THE CERTIFIED
PATIENT; AND
  (E) THE COMMISSIONER SHALL MAKE REGULATIONS TO IMPLEMENT THIS SUBDIVI-
SION.
  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 SHALL
NOT EXCEED A THIRTY DAY SUPPLY OF THE DOSAGE AS DETERMINED BY THE  PRAC-
TITIONER,  CONSISTENT  WITH  ANY  GUIDANCE AND REGULATIONS ISSUED BY THE
COMMISSIONER, PROVIDED THAT DURING THE LAST SEVEN DAYS OF ANY THIRTY DAY
PERIOD, THE CERTIFIED PATIENT MAY ALSO POSSESS UP TO SUCH AMOUNT FOR THE
NEXT THIRTY DAY PERIOD;
  (B) THE MARIHUANA THAT MAY BE POSSESSED BY DESIGNATED CAREGIVERS  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;
  (C) THE FORM OR FORMS OF MEDICAL MARIHUANA THAT MAY  BE  POSSESSED  BY
THE  CERTIFIED  PATIENT  OR  DESIGNATED  CAREGIVER PURSUANT TO A CERTIF-
ICATION SHALL BE IN COMPLIANCE WITH ANY RECOMMENDATION OR LIMITATION  BY
THE  PRACTITIONER AS TO THE FORM OR FORMS OF MEDICAL MARIHUANA OR DOSAGE
FOR THE CERTIFIED PATIENT IN THE CERTIFICATION; AND
  (D) THE MEDICAL MARIHUANA SHALL BE KEPT IN  THE  ORIGINAL  PACKAGE  IN
WHICH  IT WAS DISPENSED UNDER SUBDIVISION TWELVE OF SECTION THIRTY-THREE
HUNDRED SIXTY-FOUR OF THIS TITLE, EXCEPT FOR  THE  PORTION  REMOVED  FOR
IMMEDIATE  CONSUMPTION  FOR  CERTIFIED  MEDICAL  USE  BY  THE  CERTIFIED
PATIENT.
  2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION:
  (A) POSSESSION OF MEDICAL MARIHUANA SHALL NOT  BE  LAWFUL  UNDER  THIS
TITLE  IF IT IS SMOKED, CONSUMED, VAPORIZED, OR GROWN IN A PUBLIC PLACE,
REGARDLESS OF THE FORM OF MEDICAL  MARIHUANA  STATED  IN  THE  PATIENT'S
CERTIFICATION.
  (B)  A  PERSON  POSSESSING  MEDICAL  MARIHUANA  UNDER THIS TITLE SHALL
POSSESS HIS OR HER REGISTRY IDENTIFICATION CARD AT  ALL  TIMES  WHEN  IN
IMMEDIATE POSSESSION OF MEDICAL MARIHUANA.
  S 3363. REGISTRY IDENTIFICATION CARDS. 1. UPON APPROVAL OF THE CERTIF-
ICATION,  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 AS SOON AS PRACTICABLE
AFTER  THE  CERTIFICATIONS  REQUIRED  BY  SECTION  THIRTY-THREE  HUNDRED
SIXTY-NINE-B ARE GRANTED. THE DEPARTMENT MAY SPECIFY A FORM FOR A REGIS-
TRY 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.

A. 6357--E                          6

  2. TO OBTAIN, AMEND OR RENEW A REGISTRY IDENTIFICATION CARD, A  CERTI-
FIED  PATIENT  OR DESIGNATED CAREGIVER SHALL FILE A REGISTRY APPLICATION
WITH THE DEPARTMENT. THE REGISTRY  APPLICATION  OR  RENEWAL  APPLICATION
SHALL INCLUDE:
  (A) IN THE CASE OF A CERTIFIED PATIENT:
  (I)  THE PATIENT'S CERTIFICATION (A NEW WRITTEN CERTIFICATION SHALL BE
PROVIDED WITH A RENEWAL APPLICATION);
  (II) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT;
  (III) THE DATE OF THE CERTIFICATION;
  (IV) IF THE PATIENT HAS A REGISTRY  IDENTIFICATION  CARD  BASED  ON  A
CURRENT  VALID  CERTIFICATION,  THE  REGISTRY  IDENTIFICATION NUMBER AND
EXPIRATION DATE OF THAT REGISTRY IDENTIFICATION CARD;
  (V) THE SPECIFIED DATE UNTIL WHICH  THE  PATIENT  WOULD  BENEFIT  FROM
MEDICAL MARIHUANA, IF THE CERTIFICATION STATES SUCH A DATE;
  (VI)  THE  NAME,  ADDRESS,  FEDERAL REGISTRATION NUMBER, AND TELEPHONE
NUMBER OF THE CERTIFYING PRACTITIONER;
  (VII) ANY RECOMMENDATION OR LIMITATION BY THE PRACTITIONER AS  TO  THE
FORM  OR FORMS OF MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED PATIENT;
AND
  (VIII)  OTHER  INDIVIDUAL  IDENTIFYING  INFORMATION  REQUIRED  BY  THE
DEPARTMENT;
  (B)  IN  THE  CASE OF A CERTIFIED PATIENT, IF THE PATIENT DESIGNATES A
DESIGNATED CAREGIVER, THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIG-
NATED CAREGIVER, AND OTHER INDIVIDUAL IDENTIFYING  INFORMATION  REQUIRED
BY THE DEPARTMENT;
  (C) IN THE CASE OF A DESIGNATED CAREGIVER:
  (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIGNATED CAREGIVER;
  (II)  IF  THE DESIGNATED CAREGIVER HAS A REGISTRY IDENTIFICATION CARD,
THE REGISTRY IDENTIFICATION NUMBER AND EXPIRATION DATE OF THAT  REGISTRY
IDENTIFICATION CARD; AND
  (III) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
MENT;
  (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 OR DESIGNATED CAREGIVER, AS THE CASE MAY BE;
  (F)  A FIFTY DOLLAR APPLICATION FEE, PROVIDED, THAT THE DEPARTMENT MAY
WAIVE OR REDUCE THE FEE IN CASES OF FINANCIAL HARDSHIP; AND
  (G) ANY OTHER REQUIREMENTS DETERMINED BY THE COMMISSIONER.
  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. THE REQUIREMENTS FOR SUCH A SHOWING SHALL  BE  DETERMINED  BY
THE COMMISSIONER.
  5.  NO  PERSON MAY BE A DESIGNATED CAREGIVER FOR MORE THAN FIVE CERTI-
FIED PATIENTS AT ONE TIME.

A. 6357--E                          7

  6. IF A CERTIFIED PATIENT WISHES TO CHANGE OR  TERMINATE  HIS  OR  HER
DESIGNATED  CAREGIVER,  FOR WHATEVER REASON, THE CERTIFIED PATIENT SHALL
NOTIFY THE DEPARTMENT AS SOON AS PRACTICABLE. THE DEPARTMENT SHALL ISSUE
A NOTIFICATION TO THE DESIGNATED CAREGIVER THAT THEIR REGISTRATION  CARD
IS  INVALID  AND  MUST BE PROMPTLY RETURNED TO THE DEPARTMENT. THE NEWLY
DESIGNATED CAREGIVER MUST COMPLY WITH ALL REQUIREMENTS SET FORTH IN THIS
SECTION.
  7. IF THE CERTIFICATION SO PROVIDES, THE REGISTRY IDENTIFICATION  CARD
SHALL CONTAIN ANY RECOMMENDATION OR LIMITATION BY THE PRACTITIONER AS TO
THE  FORM  OR  FORMS  OF  MEDICAL  MARIHUANA OR DOSAGE FOR THE CERTIFIED
PATIENT.
  8. THE DEPARTMENT SHALL ISSUE SEPARATE REGISTRY  IDENTIFICATION  CARDS
FOR  CERTIFIED  PATIENTS AND DESIGNATED CAREGIVERS AS SOON AS REASONABLY
PRACTICABLE AFTER RECEIVING A COMPLETE APPLICATION UNDER  THIS  SECTION,
UNLESS  IT  DETERMINES  THAT  THE APPLICATION IS INCOMPLETE OR FACTUALLY
INACCURATE, IN WHICH CASE IT SHALL PROMPTLY NOTIFY THE APPLICANT.
  9. IF THE APPLICATION OF A CERTIFIED PATIENT DESIGNATES AN  INDIVIDUAL
AS A DESIGNATED CAREGIVER WHO IS NOT AUTHORIZED TO BE A DESIGNATED CARE-
GIVER, THAT PORTION OF THE APPLICATION SHALL BE DENIED BY THE DEPARTMENT
BUT  THAT  SHALL  NOT AFFECT THE APPROVAL OF THE BALANCE OF THE APPLICA-
TION.
  10. A REGISTRY IDENTIFICATION CARD SHALL:
  (A) CONTAIN THE NAME OF THE CERTIFIED PATIENT OR THE DESIGNATED  CARE-
GIVER AS THE CASE MAY BE;
  (B)  CONTAIN  THE DATE OF ISSUANCE AND EXPIRATION DATE OF THE REGISTRY
IDENTIFICATION CARD;
  (C) CONTAIN A REGISTRY IDENTIFICATION NUMBER FOR THE CERTIFIED PATIENT
OR DESIGNATED CAREGIVER, AS THE CASE MAY BE AND A  REGISTRY  IDENTIFICA-
TION NUMBER;
  (D)  CONTAIN A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE REGISTRY IDEN-
TIFICATION CARD IS BEING ISSUED, WHICH SHALL BE OBTAINED BY THE  DEPART-
MENT IN A MANNER SPECIFIED BY THE COMMISSIONER IN REGULATIONS; PROVIDED,
HOWEVER,  THAT  IF  THE DEPARTMENT REQUIRES 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  PHOTO-
GRAPHS;
  (E) BE A SECURE DOCUMENT AS DETERMINED BY THE DEPARTMENT;
  (F) PLAINLY STATE ANY RECOMMENDATION OR LIMITATION BY THE PRACTITIONER
AS TO THE FORM OR FORMS OF MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED
PATIENT; AND
  (G) ANY OTHER REQUIREMENTS DETERMINED BY THE COMMISSIONER.
  11.  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, IF HE OR
SHE CEASES TO HAVE THE SERIOUS  CONDITION  NOTED  ON  THE  CERTIFICATION
WITHIN  TEN  DAYS  OF SUCH CHANGE. THE CERTIFIED PATIENT'S OR DESIGNATED
CAREGIVER'S REGISTRY IDENTIFICATION CARD SHALL  BE  DEEMED  INVALID  AND
SHALL BE RETURNED PROMPTLY TO THE DEPARTMENT.
  12.  IF  A  CERTIFIED PATIENT OR DESIGNATED CAREGIVER LOSES HIS OR HER
REGISTRY IDENTIFICATION CARD, HE OR SHE SHALL NOTIFY THE DEPARTMENT  AND
SUBMIT  A  TWENTY-FIVE  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
REPLACEMENTS FOR A LOST CARD, PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR
REDUCE THE FEE IN CASES OF  FINANCIAL  HARDSHIP.  THE  DEPARTMENT  SHALL

A. 6357--E                          8

ISSUE  A  NEW REGISTRY IDENTIFICATION CARD AS SOON AS PRACTICABLE, WHICH
MAY CONTAIN A NEW  REGISTRY  IDENTIFICATION  NUMBER,  TO  THE  CERTIFIED
PATIENT  OR  DESIGNATED  CAREGIVER,  AS  THE  CASE MAY BE. THE CERTIFIED
PATIENT  OR  DESIGNATED  CAREGIVER  SHALL  NOT BE ABLE TO OBTAIN MEDICAL
MARIHUANA UNTIL THE CERTIFIED PATIENT RECEIVES A NEW CARD.
  13. 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
NOTIFY ANY APPROPRIATE LAW ENFORCEMENT AGENCY OF INFORMATION RELATING TO
ANY VIOLATION OR SUSPECTED VIOLATION OF THIS TITLE.
  14.  THE  DEPARTMENT  SHALL  VERIFY TO LAW ENFORCEMENT PERSONNEL IN AN
APPROPRIATE CASE WHETHER A REGISTRY IDENTIFICATION CARD IS VALID.
  15. 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 SUSPENDED OR  REVOKED.  THIS  IS  IN
ADDITION TO ANY OTHER PENALTY THAT MAY APPLY.
  S  3364.  REGISTERED ORGANIZATIONS. 1. A REGISTERED ORGANIZATION SHALL
BE A FOR-PROFIT BUSINESS ENTITY OR NOT-FOR-PROFIT CORPORATION  ORGANIZED
FOR THE PURPOSE OF ACQUIRING, POSSESSING, MANUFACTURING, SELLING, DELIV-
ERING,  TRANSPORTING, DISTRIBUTING OR DISPENSING MARIHUANA FOR CERTIFIED
MEDICAL USE.
  2. THE ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIVERY,  TRANSPORT-
ING,  DISTRIBUTING  OR DISPENSING OF MARIHUANA BY A REGISTERED ORGANIZA-
TION 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.  EACH  REGISTERED  ORGANIZATION  SHALL CONTRACT WITH AN INDEPENDENT
LABORATORY TO TEST THE MEDICAL  MARIHUANA  PRODUCED  BY  THE  REGISTERED
ORGANIZATION.  THE COMMISSIONER SHALL APPROVE THE LABORATORY AND REQUIRE
THAT THE LABORATORY REPORT TESTING RESULTS IN A MANNER DETERMINED BY THE
COMMISSIONER. THE COMMISSIONER IS AUTHORIZED TO ISSUE REGULATION REQUIR-
ING THE LABORATORY TO PERFORM CERTAIN TESTS AND SERVICES.
  4. (A) A REGISTERED ORGANIZATION MAY LAWFULLY, IN  GOOD  FAITH,  SELL,
DELIVER, DISTRIBUTE OR DISPENSE MEDICAL MARIHUANA TO A CERTIFIED PATIENT
OR DESIGNATED CAREGIVER UPON PRESENTATION TO THE REGISTERED ORGANIZATION
OF  A  VALID  REGISTRY IDENTIFICATION CARD FOR THAT CERTIFIED PATIENT OR
DESIGNATED CAREGIVER. WHEN PRESENTED WITH  THE  REGISTRY  IDENTIFICATION
CARD, THE REGISTERED ORGANIZATION SHALL PROVIDE TO THE CERTIFIED PATIENT
OR DESIGNATED CAREGIVER A RECEIPT, WHICH SHALL STATE: THE NAME, ADDRESS,
AND  REGISTRY  IDENTIFICATION NUMBER OF THE REGISTERED ORGANIZATION; THE
NAME AND REGISTRY IDENTIFICATION NUMBER OF THE CERTIFIED PATIENT AND THE
DESIGNATED CAREGIVER (IF ANY); THE DATE  THE  MARIHUANA  WAS  SOLD;  ANY
RECOMMENDATION OR LIMITATION BY THE PRACTITIONER AS TO THE FORM OR FORMS
OF  MEDICAL  MARIHUANA OR DOSAGE FOR THE CERTIFIED PATIENT; AND THE FORM
AND THE QUANTITY OF MEDICAL MARIHUANA SOLD. THE REGISTERED  ORGANIZATION
SHALL  RETAIN A COPY OF THE REGISTRY IDENTIFICATION CARD AND THE RECEIPT
FOR SIX YEARS.
  (B) THE PROPRIETOR OF A REGISTERED ORGANIZATION SHALL FILE OR CAUSE TO
BE FILED ANY RECEIPT AND CERTIFICATION INFORMATION WITH  THE  DEPARTMENT
BY  ELECTRONIC  MEANS  ON  A  REAL  TIME BASIS AS THE COMMISSIONER SHALL
REQUIRE BY REGULATION. WHEN FILING RECEIPT AND CERTIFICATION INFORMATION
ELECTRONICALLY PURSUANT TO THIS PARAGRAPH, THE PROPRIETOR OF THE  REGIS-
TERED   ORGANIZATION   SHALL  DISPOSE  OF  ANY  ELECTRONICALLY  RECORDED

A. 6357--E                          9

PRESCRIPTION INFORMATION IN SUCH MANNER AS  THE  COMMISSIONER  SHALL  BY
REGULATION REQUIRE.
  5.  (A)  NO  REGISTERED  ORGANIZATION MAY SELL, DELIVER, DISTRIBUTE OR
DISPENSE TO ANY CERTIFIED PATIENT OR DESIGNATED CAREGIVER A QUANTITY  OF
MEDICAL  MARIHUANA  LARGER  THAN  THAT  INDIVIDUAL  WOULD  BE ALLOWED TO
POSSESS UNDER THIS TITLE.
  (B) WHEN DISPENSING MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR DESIG-
NATED CAREGIVER, THE REGISTERED ORGANIZATION (I) SHALL NOT  DISPENSE  AN
AMOUNT GREATER THAN A THIRTY DAY SUPPLY TO A CERTIFIED PATIENT UNTIL THE
CERTIFIED  PATIENT  HAS  EXHAUSTED  ALL  BUT A SEVEN DAY SUPPLY PROVIDED
PURSUANT TO A PREVIOUSLY ISSUED CERTIFICATION, AND (II) SHALL VERIFY THE
INFORMATION IN SUBPARAGRAPH (I) OF  THIS  PARAGRAPH  BY  CONSULTING  THE
PRESCRIPTION  MONITORING  PROGRAM  REGISTRY  UNDER  SECTION THIRTY-THREE
HUNDRED FORTY-THREE-A OF THIS ARTICLE.
  (C) MEDICAL MARIHUANA DISPENSED TO A CERTIFIED PATIENT  OR  DESIGNATED
CAREGIVER  BY A REGISTERED ORGANIZATION SHALL CONFORM TO ANY RECOMMENDA-
TION OR LIMITATION BY THE PRACTITIONER  AS  TO  THE  FORM  OR  FORMS  OF
MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED PATIENT.
  6.  WHEN  A  REGISTERED  ORGANIZATION  SELLS, DELIVERS, DISTRIBUTES OR
DISPENSES MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR  DESIGNATED  CARE-
GIVER,  IT  SHALL PROVIDE TO THAT INDIVIDUAL A SAFETY INSERT, WHICH WILL
BE DEVELOPED AND APPROVED BY THE COMMISSIONER AND INCLUDE,  BUT  NOT  BE
LIMITED TO, INFORMATION ON:
  (A) METHODS FOR ADMINISTERING MEDICAL MARIHUANA IN INDIVIDUAL DOSES,
  (B) ANY POTENTIAL DANGERS STEMMING FROM THE USE OF MEDICAL MARIHUANA,
  (C) HOW TO RECOGNIZE WHAT MAY BE PROBLEMATIC USAGE OF MEDICAL MARIHUA-
NA  AND  OBTAIN APPROPRIATE SERVICES OR TREATMENT FOR PROBLEMATIC USAGE,
AND
  (D) OTHER INFORMATION AS DETERMINED BY THE COMMISSIONER.
  7. REGISTERED ORGANIZATIONS SHALL NOT BE MANAGED BY OR  EMPLOY  ANYONE
WHO  HAS  BEEN  CONVICTED  OF ANY FELONY OF SALE OR POSSESSION OF DRUGS,
NARCOTICS, OR CONTROLLED SUBSTANCES PROVIDED THAT THIS SUBDIVISION  ONLY
APPLIES  TO  (A)  MANAGERS  OR  EMPLOYEES  WHO COME INTO CONTACT WITH OR
HANDLE MEDICAL MARIHUANA, AND (B) A CONVICTION LESS THAN TEN YEARS  (NOT
COUNTING TIME SPENT IN INCARCERATION) PRIOR TO BEING EMPLOYED, FOR WHICH
THE PERSON HAS NOT RECEIVED A CERTIFICATE OF RELIEF FROM DISABILITIES OR
A  CERTIFICATE  OF  GOOD  CONDUCT  UNDER  ARTICLE  TWENTY-THREE  OF  THE
CORRECTION LAW.
  8. MANUFACTURING OF MEDICAL MARIHUANA  BY  A  REGISTERED  ORGANIZATION
SHALL  ONLY  BE  DONE IN AN INDOOR, ENCLOSED, SECURE FACILITY LOCATED IN
NEW YORK STATE, WHICH MAY INCLUDE A GREENHOUSE.  THE COMMISSIONER  SHALL
PROMULGATE REGULATIONS ESTABLISHING REQUIREMENTS FOR SUCH FACILITIES.
  9.  DISPENSING OF MEDICAL MARIHUANA BY A REGISTERED ORGANIZATION SHALL
ONLY BE DONE IN AN INDOOR, ENCLOSED, SECURE FACILITY LOCATED IN NEW YORK
STATE, WHICH MAY INCLUDE A GREENHOUSE.  THE COMMISSIONER  SHALL  PROMUL-
GATE REGULATIONS ESTABLISHING REQUIREMENTS FOR SUCH FACILITIES.
  10. A REGISTERED ORGANIZATION SHALL DETERMINE THE QUALITY, SAFETY, AND
CLINICAL  STRENGTH OF MEDICAL MARIHUANA MANUFACTURED OR DISPENSED BY THE
REGISTERED ORGANIZATION, AND SHALL PROVIDE DOCUMENTATION OF THAT  QUALI-
TY,  SAFETY AND CLINICAL STRENGTH TO THE DEPARTMENT AND TO ANY PERSON OR
ENTITY TO WHICH THE MEDICAL MARIHUANA IS SOLD OR DISPENSED.
  11. A REGISTERED ORGANIZATION SHALL BE DEEMED TO  BE  A  "HEALTH  CARE
PROVIDER"  FOR  THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAP-
TER.
  12. MEDICAL MARIHUANA SHALL BE DISPENSED TO  A  CERTIFIED  PATIENT  OR
DESIGNATED  CAREGIVER  IN  A  SEALED  AND  PROPERLY LABELED PACKAGE. THE

A. 6357--E                         10

LABELING SHALL CONTAIN: (A) THE INFORMATION REQUIRED TO BE  INCLUDED  IN
THE RECEIPT PROVIDED TO THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER BY
THE  REGISTERED ORGANIZATION; (B) THE PACKAGING DATE; (C) ANY APPLICABLE
DATE  BY WHICH THE MEDICAL MARIHUANA SHOULD BE USED; (D) A WARNING STAT-
ING, "THIS PRODUCT IS FOR MEDICINAL USE ONLY.  WOMEN SHOULD NOT  CONSUME
DURING  PREGNANCY  OR  WHILE  BREASTFEEDING  EXCEPT ON THE ADVICE OF THE
CERTIFYING HEALTH CARE PRACTITIONER, AND IN THE  CASE  OF  BREASTFEEDING
MOTHERS,  INCLUDING THE INFANT'S PEDIATRICIAN. THIS PRODUCT MIGHT IMPAIR
THE ABILITY TO DRIVE. KEEP OUT OF REACH OF CHILDREN."; (E) THE AMOUNT OF
INDIVIDUAL DOSES CONTAINED WITHIN; AND (F) A WARNING  THAT  THE  MEDICAL
MARIHUANA  MUST  BE  KEPT  IN  THE  ORIGINAL  CONTAINER  IN WHICH IT WAS
DISPENSED.
  13. THE COMMISSIONER IS  AUTHORIZED  TO  MAKE  RULES  AND  REGULATIONS
RESTRICTING  THE  ADVERTISING  AND MARKETING OF MEDICAL MARIHUANA, WHICH
SHALL BE CONSISTENT WITH THE FEDERAL REGULATIONS GOVERNING  PRESCRIPTION
DRUG ADVERTISING AND MARKETING.
  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 INCLUDE SUCH INFORMATION PREPARED IN SUCH MANNER AND DETAIL AS THE
COMMISSIONER MAY REQUIRE, INCLUDING BUT NOT LIMITED TO:
  (I) A DESCRIPTION OF THE ACTIVITIES IN WHICH IT INTENDS TO ENGAGE AS A
REGISTERED ORGANIZATION;
  (II) THAT THE APPLICANT:
  (A) IS OF GOOD MORAL CHARACTER;
  (B)  POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT LAND, BUILDINGS, AND
OTHER PREMISES (WHICH SHALL BE SPECIFIED IN THE APPLICATION) AND  EQUIP-
MENT  TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICATION, OR
IN THE ALTERNATIVE POSTS A BOND OF NOT LESS THAN TWO MILLION DOLLARS;
  (C) IS ABLE TO MAINTAIN EFFECTIVE  SECURITY  AND  CONTROL  TO  PREVENT
DIVERSION, ABUSE, AND OTHER ILLEGAL CONDUCT RELATING TO THE MARIHUANA;
  (D)  IS  ABLE TO COMPLY WITH ALL APPLICABLE STATE LAWS AND REGULATIONS
RELATING TO THE ACTIVITIES IN WHICH  IT  INTENDS  TO  ENGAGE  UNDER  THE
REGISTRATION;
  (III) THAT THE APPLICANT HAS ENTERED INTO A LABOR PEACE AGREEMENT WITH
A  BONA-FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING
OR ATTEMPTING TO REPRESENT THE APPLICANT'S EMPLOYEES. THE MAINTENANCE OF
SUCH A LABOR PEACE AGREEMENT SHALL BE AN ONGOING MATERIAL  CONDITION  OF
CERTIFICATION.
  (IV)   THE   APPLICANT'S  STATUS  UNDER  SUBDIVISION  ONE  OF  SECTION
THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE; AND
  (V) 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:
  (A)  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;
  (B)  WHETHER  SUCH PERSON OR ANY SUCH BUSINESS HAS BEEN CONVICTED OF A
FELONY OR HAD A REGISTRATION OR LICENSE  SUSPENDED  OR  REVOKED  IN  ANY
ADMINISTRATIVE OR JUDICIAL PROCEEDING; AND
  (C) SUCH OTHER INFORMATION AS THE COMMISSIONER MAY REASONABLY REQUIRE.
  2.  DUTY  TO REPORT. THE APPLICANT SHALL BE UNDER A CONTINUING DUTY TO
REPORT TO THE DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES  REFLECTED

A. 6357--E                         11

IN  THE APPLICATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUM-
STANCE WHICH IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
  3. 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;
THE COMMISSIONER MAY CONSIDER WHETHER THE NUMBER OF REGISTERED ORGANIZA-
TIONS IN AN AREA WILL BE ADEQUATE OR EXCESSIVE TO REASONABLY  SERVE  THE
AREA;
  (VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
TER;
  (VII)  THE  APPLICANT  HAS ENTERED INTO A LABOR PEACE AGREEMENT WITH A
BONA-FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR
ATTEMPTING TO REPRESENT THE APPLICANT'S EMPLOYEES; AND
  (VIII) THE APPLICANT SATISFIES ANY OTHER CONDITIONS AS  DETERMINED  BY
THE COMMISSIONER.
  (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,
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 THE REGISTERED ORGANIZATION AND SHALL SPECIFY:
  (I) THE NAME AND ADDRESS OF THE REGISTERED ORGANIZATION;
  (II)  WHICH  ACTIVITIES  OF A REGISTERED ORGANIZATION ARE PERMITTED BY
THE REGISTRATION;
  (III) THE LAND, BUILDINGS AND FACILITIES THAT  MAY  BE  USED  FOR  THE
PERMITTED ACTIVITIES OF THE REGISTERED ORGANIZATION; AND
  (IV)  SUCH  OTHER  INFORMATION  AS  THE  COMMISSIONER SHALL REASONABLY
PROVIDE TO ASSURE COMPLIANCE WITH THIS TITLE.
  (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
OR  FACILITIES.  THE  FEE  FOR SUCH AMENDMENT SHALL BE TWO HUNDRED FIFTY
DOLLARS.
  4. 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.

A. 6357--E                         12

  5. 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 OR ADMINISTRATIVE
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 A  REASON-
ABLY  PRACTICABLE TIME AS DETERMINED BY THE COMMISSIONER, 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 APPLICATION FOR RENEWAL SHOULD NOT BE DENIED. THE ORDER SHALL SPECI-
FY IN DETAIL THE RESPECTS IN WHICH THE APPLICANT HAS NOT  SATISFIED  THE
COMMISSIONER THAT THE REGISTRATION SHOULD BE RENEWED.
  (E)  WITHIN A REASONABLY PRACTICABLE TIME AS DETERMINED BY THE COMMIS-
SIONER 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 AS SOON AS REASONABLY PRACTICABLE.
  6. GRANTING OF RENEWAL OF REGISTRATIONS. (A)  THE  COMMISSIONER  SHALL
RENEW A REGISTRATION UNLESS HE OR SHE DETERMINES AND FINDS THAT:
  (I)  THE  APPLICANT  IS  UNLIKELY  TO  MAINTAIN OR BE ABLE TO MAINTAIN
EFFECTIVE CONTROL AGAINST DIVERSION; OR
  (II) THE APPLICANT IS UNLIKELY TO COMPLY WITH ALL STATE LAWS  APPLICA-
BLE TO THE ACTIVITIES IN WHICH IT MAY ENGAGE UNDER THE REGISTRATION; OR
  (III)  IT  IS  NOT  IN  THE  PUBLIC INTEREST TO RENEW THE REGISTRATION
BECAUSE THE NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA  IS  EXCESSIVE
TO REASONABLY SERVE THE AREA; OR
  (IV)  THE  APPLICANT HAS EITHER VIOLATED OR TERMINATED ITS LABOR PEACE
AGREEMENT.
  (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,  VIOLATES  ANY  PROVISION  OF  THIS
ARTICLE,  OR HAS KNOWINGLY OR NEGLIGENTLY FAILED TO COMPLY WITH APPLICA-
BLE STATE LAWS RELATING TO THE ACTIVITIES IN WHICH IT ENGAGES UNDER  THE
REGISTRATION,  SHALL CONSTITUTE GROUNDS FOR SUSPENSION OR TERMINATION OF
THE REGISTERED ORGANIZATION'S REGISTRATION AS DETERMINED BY THE  COMMIS-
SIONER.  THE  REGISTERED  ORGANIZATION  SHALL ALSO BE UNDER A CONTINUING
DUTY TO REPORT TO THE DEPARTMENT ANY MATERIAL CHANGE OR FACT OR  CIRCUM-

A. 6357--E                         13

STANCE  TO  THE  INFORMATION  PROVIDED  IN THE REGISTERED ORGANIZATION'S
APPLICATION.
  7.  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.
THE  DEPARTMENT SHALL SUSPEND OR TERMINATE THE REGISTRATION IN THE EVENT
THAT A REGISTERED ORGANIZATION VIOLATES  OR  TERMINATES  THE  APPLICABLE
LABOR  PEACE  AGREEMENT. CONDUCT IN COMPLIANCE WITH THIS TITLE WHICH MAY
VIOLATE CONFLICTING FEDERAL LAW, SHALL NOT  BE  GROUNDS  TO  SUSPEND  OR
TERMINATE A REGISTRATION.
  8.  THE  DEPARTMENT  SHALL  BEGIN ISSUING REGISTRATIONS FOR REGISTERED
ORGANIZATIONS AS SOON AS PRACTICABLE AFTER THE  CERTIFICATIONS  REQUIRED
BY SECTION THIRTY-THREE HUNDRED SIXTY-NINE-B OF THIS TITLE ARE GIVEN.
  9. THE COMMISSIONER SHALL REGISTER NO MORE THAN FIVE REGISTERED ORGAN-
IZATIONS  THAT  MANUFACTURE  MEDICAL  MARIHUANA  WITH  NO MORE THAN FOUR
DISPENSING SITES WHOLLY OWNED AND OPERATED BY SUCH REGISTERED  ORGANIZA-
TION.  THE  COMMISSIONER SHALL ENSURE THAT SUCH REGISTERED ORGANIZATIONS
AND DISPENSING SITES ARE GEOGRAPHICALLY DISTRIBUTED  ACROSS  THE  STATE.
THE COMMISSION MAY REGISTER ADDITIONAL REGISTERED ORGANIZATIONS.
  S  3366.  REPORTS  BY  REGISTERED  ORGANIZATIONS.  1. THE COMMISSIONER
SHALL, BY REGULATION,  REQUIRE  EACH  REGISTERED  ORGANIZATION  TO  FILE
REPORTS  BY  THE REGISTERED ORGANIZATION DURING A PARTICULAR PERIOD. THE
COMMISSIONER SHALL DETERMINE THE INFORMATION  TO  BE  REPORTED  AND  THE
FORMS, TIME, AND MANNER OF THE REPORTING.
  2.  THE  COMMISSIONER  SHALL,  BY  REGULATION, REQUIRE EACH REGISTERED
ORGANIZATION TO ADOPT AND MAINTAIN SECURITY, TRACKING,  RECORD  KEEPING,
RECORD RETENTION AND SURVEILLANCE SYSTEMS, RELATING TO ALL MEDICAL MARI-
HUANA AT EVERY STAGE OF ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIV-
ERY,  TRANSPORTING, DISTRIBUTING, OR DISPENSING BY THE REGISTERED ORGAN-
IZATION, SUBJECT TO REGULATIONS OF THE COMMISSIONER.
  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. RELATION TO OTHER LAWS. 1. (A) 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.
  (B) MEDICAL MARIHUANA SHALL NOT BE DEEMED TO BE A "DRUG" FOR  PURPOSES
OF ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW.
  2.  NOTHING  IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE 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 TWENTY-FIVE OF THIS
CHAPTER OR ARTICLE FIVE OF THE SOCIAL SERVICES LAW.

A. 6357--E                         14

  S 3369. 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.
  2. NON-DISCRIMINATION. BEING A CERTIFIED PATIENT SHALL BE DEEMED TO BE
HAVING A "DISABILITY" UNDER ARTICLE FIFTEEN OF THE EXECUTIVE LAW  (HUMAN
RIGHTS  LAW),  SECTION FORTY-C OF THE CIVIL RIGHTS LAW, SECTIONS 240.00,
485.00, AND 485.05 OF THE PENAL LAW, AND SECTION 200.50 OF THE  CRIMINAL
PROCEDURE LAW. THIS SUBDIVISION SHALL NOT BAR THE ENFORCEMENT OF A POLI-
CY  PROHIBITING AN EMPLOYEE FROM PERFORMING HIS OR HER EMPLOYMENT DUTIES
WHILE IMPAIRED BY A CONTROLLED SUBSTANCE.   THIS SUBDIVISION  SHALL  NOT
REQUIRE  ANY PERSON OR ENTITY TO DO ANY ACT THAT WOULD PUT THE PERSON OR
ENTITY IN VIOLATION OF FEDERAL  LAW  OR  CAUSE  IT  TO  LOSE  A  FEDERAL
CONTRACT OR FUNDING.
  3.  THE  FACT  THAT  A  PERSON IS A CERTIFIED PATIENT AND/OR ACTING IN
ACCORDANCE WITH THIS TITLE, SHALL NOT BE A CONSIDERATION IN A PROCEEDING
PURSUANT TO APPLICABLE SECTIONS  OF  THE  DOMESTIC  RELATIONS  LAW,  THE
SOCIAL SERVICES LAW AND THE FAMILY COURT ACT.
  4.  CERTIFICATION  APPLICATIONS,  CERTIFICATION  FORMS,  ANY CERTIFIED
PATIENT INFORMATION CONTAINED WITHIN A DATABASE, AND COPIES OF  REGISTRY
IDENTIFICATION CARDS SHALL BE DEEMED EXEMPT FROM PUBLIC DISCLOSURE UNDER
SECTIONS EIGHTY-SEVEN AND EIGHTY-NINE OF THE PUBLIC OFFICERS LAW.
  S  3369-A.  REGULATIONS.  THE  COMMISSIONER  SHALL MAKE REGULATIONS TO
IMPLEMENT THIS TITLE.
  S 3369-B. EFFECTIVE DATE. REGISTRY IDENTIFICATION CARDS OR  REGISTERED
ORGANIZATION  REGISTRATIONS SHALL BE ISSUED OR BECOME EFFECTIVE NO LATER
THAN EIGHTEEN MONTHS FROM SIGNING OR UNTIL SUCH TIME AS THE COMMISSIONER
AND THE SUPERINTENDENT OF STATE POLICE CERTIFY THAT THIS  TITLE  CAN  BE
IMPLEMENTED  IN  ACCORDANCE  WITH  PUBLIC  HEALTH  AND SAFETY INTERESTS,
WHICHEVER EVENT COMES LATER.
  S 3369-C. SUSPEND; TERMINATE.  BASED UPON THE  RECOMMENDATION  OF  THE
COMMISSIONER  AND/OR  THE SUPERINTENDENT OF STATE POLICE THAT THERE IS A
RISK TO THE PUBLIC HEALTH OR SAFETY, THE GOVERNOR MAY IMMEDIATELY TERMI-
NATE ALL LICENSES ISSUED TO REGISTERED ORGANIZATIONS.
  S 3369-D. PRICING. 1. EVERY SALE OF MEDICAL MARIHUANA SHALL BE AT  THE
PRICE DETERMINED BY THE COMMISSIONER.  EVERY CHARGE MADE OR DEMANDED FOR
MEDICAL  MARIHUANA  NOT  IN  ACCORDANCE WITH THE PRICE DETERMINED BY THE
COMMISSIONER, IS PROHIBITED.
  2. THE COMMISSIONER IS HEREBY AUTHORIZED TO SET THE PER DOSE PRICE  OF
EACH  FORM  OF MEDICAL MARIHUANA SOLD BY ANY REGISTERED ORGANIZATION. IN
SETTING THE PER DOSE PRICE  OF  EACH  FORM  OF  MEDICAL  MARIHUANA,  THE
COMMISSIONER  SHALL  CONSIDER  THE FIXED AND VARIABLE COSTS OF PRODUCING
THE FORM OF MARIHUANA AND ANY OTHER FACTOR THE COMMISSIONER, IN  HIS  OR
HER DISCRETION, DEEMS RELEVANT TO DETERMINING THE PER DOSE PRICE OF EACH
FORM OF MEDICAL MARIHUANA.
  S 3369-E. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
PART  OF  THIS ACT SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDIC-
TION TO BE INVALID, THE JUDGMENT SHALL NOT AFFECT, IMPAIR, OR INVALIDATE
THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN  ITS  OPERATION  TO  THE
CLAUSE,  SENTENCE,  PARAGRAPH, SECTION OR PART THEREOF DIRECTLY INVOLVED
IN THE CONTROVERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.

A. 6357--E                         15

  S 3. Subdivision 2 of section 3371 of the public health law, as  added
by section 5 of part A of chapter 447 of the laws of 2012, is amended to
read as follows:
  2. The prescription monitoring program registry may be accessed, under
such  terms  and  conditions  as  are  established by the department for
purposes of maintaining the security and confidentiality of the informa-
tion contained in the registry, by:
  (a) a practitioner, or a  designee  authorized  by  such  practitioner
pursuant  to  paragraph  (b)  of subdivision two of section thirty-three
hundred forty-three-a OR SECTION THIRTY-THREE HUNDRED SIXTY-ONE of  this
article,  for  the  purposes  of:  (i) informing the practitioner that a
patient may be under treatment with a controlled  substance  by  another
practitioner;  (ii)  providing  the  practitioner  with notifications of
controlled substance activity as  deemed  relevant  by  the  department,
including  but not limited to a notification made available on a monthly
or other periodic basis through the registry  of  controlled  substances
activity  pertaining  to  his or her patient; (iii) allowing the practi-
tioner, through consultation  of  the  prescription  monitoring  program
registry,  to  review his or her patient's controlled substances history
as required by section thirty-three  hundred  forty-three-a  OR  SECTION
THIRTY-THREE  HUNDRED  SIXTY-ONE  of this article; and (iv) providing to
his or her patient, or person authorized pursuant to  paragraph  (j)  of
subdivision  one of this section, upon request, a copy of such patient's
controlled substance history as is available to the practitioner through
the prescription monitoring program registry; or
  (b) a pharmacist, pharmacy intern or other designee authorized by  the
pharmacist  pursuant  to  paragraph  (b) of subdivision three of section
thirty-three hundred forty-three-a of this article, for the purposes of:
(i) consulting the prescription monitoring program  registry  to  review
the  controlled substances history of an individual for whom one or more
prescriptions for controlled substances OR CERTIFICATIONS FOR  MARIHUANA
is presented to the pharmacist, pursuant to section thirty-three hundred
forty-three-a  of  this  article; and (ii) receiving from the department
such notifications of controlled substance activity as are  made  avail-
able by the department[.]; OR
  (C)  AN  INDIVIDUAL  EMPLOYED  BY  A  REGISTERED  ORGANIZATION FOR THE
PURPOSE OF CONSULTING THE PRESCRIPTION MONITORING  PROGRAM  REGISTRY  TO
REVIEW  THE  CONTROLLED SUBSTANCES HISTORY OF AN INDIVIDUAL FOR WHOM ONE
OR MORE CERTIFICATIONS FOR MARIHUANA IS  PRESENTED  TO  THAT  REGISTERED
ORGANIZATION,  PURSUANT  TO  SECTION  THIRTY-THREE HUNDRED SIXTY-FOUR OF
THIS ARTICLE. UNLESS OTHERWISE AUTHORIZED BY THIS ARTICLE, AN INDIVIDUAL
EMPLOYED BY A REGISTERED ORGANIZATION WILL BE  PROVIDED  ACCESS  TO  THE
PRESCRIPTION  MONITORING  PROGRAM  IN THE SOLE DISCRETION OF THE COMMIS-
SIONER.
  S 4. The tax law is amended by adding a new article 20-B  to  read  as
follows:
                              ARTICLE 20-B
                     EXCISE TAX ON MEDICAL MARIHUANA
SECTION 490. DEFINITIONS.
        491. RETURNS TO BE SECRET.
  S  490.    DEFINITIONS.  1. (A) ALL DEFINITIONS OF TERMS APPLICABLE TO
TITLE FIVE-A OF ARTICLE THIRTY-THREE OF  THE  PUBLIC  HEALTH  LAW  SHALL
APPLY TO THIS ARTICLE.
  (B)  AS USED IN THIS SECTION, WHERE NOT OTHERWISE SPECIFICALLY DEFINED
AND UNLESS A DIFFERENT MEANING IS CLEARLY REQUIRED "GROSS RECEIPT" MEANS
THE AMOUNT RECEIVED IN OR BY REASON OF ANY SALE, CONDITIONAL  OR  OTHER-

A. 6357--E                         16

WISE,  OF  MEDICAL  MARIHUANA  OR  IN  OR BY REASON OF THE FURNISHING OF
MEDICAL MARIHUANA FROM THE SALE  OF  MEDICAL  MARIHUANA  PROVIDED  BY  A
REGISTERED  ORGANIZATION TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER.
GROSS  RECEIPT  IS  EXPRESSED  IN MONEY, WHETHER PAID IN CASH, CREDIT OR
PROPERTY OF ANY KIND OR NATURE, AND  SHALL  BE  DETERMINED  WITHOUT  ANY
DEDUCTION  THEREFROM  ON  ACCOUNT OF THE COST OF THE SERVICE SOLD OR THE
COST OF MATERIALS, LABOR OR SERVICES USED OR OTHER  COSTS,  INTEREST  OR
DISCOUNT  PAID,  OR ANY OTHER EXPENSES WHATSOEVER. "AMOUNT RECEIVED" FOR
THE PURPOSE OF THE DEFINITION  OF  GROSS  RECEIPT,  AS  THE  TERM  GROSS
RECEIPT  IS  USED  THROUGHOUT THIS ARTICLE, MEANS THE AMOUNT CHARGED FOR
THE PROVISION OF MEDICAL MARIHUANA.
  2. THERE IS HEREBY IMPOSED AN EXCISE TAX ON THE  GROSS  RECEIPTS  FROM
THE  SALE  OF MEDICAL MARIHUANA BY A REGISTERED ORGANIZATION TO A CERTI-
FIED PATIENT OR DESIGNATED CAREGIVER,  TO  BE  PAID  BY  THE  REGISTERED
ORGANIZATION,  AT  THE  RATE  OF  SEVEN PERCENT. THE TAX IMPOSED BY THIS
ARTICLE SHALL BE CHARGED AGAINST AND BE PAID BY THE REGISTERED ORGANIZA-
TION AND SHALL NOT BE ADDED AS A SEPARATE CHARGE OR  LINE  ITEM  ON  ANY
SALES  SLIP,  INVOICE,  RECEIPT  OR OTHER STATEMENT OR MEMORANDUM OF THE
PRICE GIVEN TO THE RETAIL CUSTOMER.
  3. THE COMMISSIONER MAY MAKE,  ADOPT  AND  AMEND  RULES,  REGULATIONS,
PROCEDURES  AND  FORMS  NECESSARY  FOR THE PROPER ADMINISTRATION OF THIS
ARTICLE.
  4. EVERY REGISTERED ORGANIZATION THAT MAKES SALES OF MEDICAL MARIHUANA
SUBJECT TO THE TAX IMPOSED BY THIS ARTICLE SHALL, ON OR BEFORE THE TWEN-
TIETH DATE OF EACH MONTH, FILE WITH THE COMMISSIONER A RETURN  ON  FORMS
TO  BE  PRESCRIBED  BY  THE  COMMISSIONER, SHOWING ITS RECEIPTS FROM THE
RETAIL SALE OF MEDICAL MARIHUANA DURING THE PRECEDING CALENDAR MONTH AND
THE AMOUNT OF TAX DUE THEREON. SUCH RETURNS SHALL CONTAIN  SUCH  FURTHER
INFORMATION  AS THE COMMISSIONER MAY REQUIRE. EVERY REGISTERED ORGANIZA-
TION REQUIRED TO FILE A RETURN UNDER THIS SECTION SHALL, AT THE TIME  OF
FILING  SUCH RETURN, PAY TO THE COMMISSIONER THE TOTAL AMOUNT OF TAX DUE
ON ITS RETAIL SALES OF MEDICAL MARIHUANA FOR THE PERIOD COVERED BY  SUCH
RETURN.  IF  A RETURN IS NOT FILED WHEN DUE, THE TAX SHALL BE DUE ON THE
DAY ON WHICH THE RETURN IS REQUIRED TO BE FILED.
  5. WHENEVER THE COMMISSIONER SHALL DETERMINE THAT ANY MONEYS  RECEIVED
UNDER  THE  PROVISIONS  OF THIS ARTICLE WERE PAID IN ERROR, HE MAY CAUSE
THE SAME TO BE REFUNDED, WITH INTEREST, IN ACCORDANCE  WITH  SUCH  RULES
AND  REGULATIONS  AS  HE MAY PRESCRIBE, EXCEPT THAT NO INTEREST SHALL BE
ALLOWED OR PAID IF THE AMOUNT THEREOF WOULD BE  LESS  THAN  ONE  DOLLAR.
SUCH  INTEREST  SHALL BE AT THE OVERPAYMENT RATE SET BY THE COMMISSIONER
PURSUANT TO SUBDIVISION TWENTY-SIXTH OF SECTION ONE HUNDRED  SEVENTY-ONE
OF  THIS  CHAPTER,  OR IF NO RATE IS SET, AT THE RATE OF SIX PERCENT PER
ANNUM, FROM THE DATE WHEN THE TAX, PENALTY OR INTEREST  TO  BE  REFUNDED
WAS  PAID  TO  A DATE PRECEDING THE DATE OF THE REFUND CHECK BY NOT MORE
THAN THIRTY DAYS. PROVIDED, HOWEVER,  THAT  FOR  THE  PURPOSES  OF  THIS
SUBDIVISION, ANY TAX PAID BEFORE THE LAST DAY PRESCRIBED FOR ITS PAYMENT
SHALL BE DEEMED TO HAVE BEEN PAID ON SUCH LAST DAY. SUCH MONEYS RECEIVED
UNDER THE PROVISIONS OF THIS ARTICLE WHICH THE COMMISSIONER SHALL DETER-
MINE  WERE PAID IN ERROR, MAY BE REFUNDED OUT OF FUNDS IN THE CUSTODY OF
THE COMPTROLLER TO THE CREDIT OF  SUCH  TAXES  PROVIDED  AN  APPLICATION
THEREFOR  IS  FILED WITH THE COMMISSIONER WITHIN TWO YEARS FROM THE TIME
THE ERRONEOUS PAYMENT WAS MADE.
  6. THE PROVISIONS OF ARTICLE TWENTY-SEVEN OF THIS CHAPTER SHALL  APPLY
TO  THE TAX IMPOSED BY THIS ARTICLE IN THE SAME MANNER AND WITH THE SAME
FORCE AND EFFECT AS IF THE LANGUAGE OF SUCH ARTICLE  HAD  BEEN  INCORPO-
RATED  IN  FULL  INTO THIS SECTION AND HAD EXPRESSLY REFERRED TO THE TAX

A. 6357--E                         17

IMPOSED BY THIS ARTICLE, EXCEPT TO THE EXTENT THAT ANY PROVISION OF SUCH
ARTICLE IS EITHER INCONSISTENT WITH A PROVISION OF THIS  ARTICLE  OR  IS
NOT RELEVANT TO THIS ARTICLE.
  7.  ALL  TAXES,  INTEREST  AND  PENALTIES COLLECTED OR RECEIVED BY THE
COMMISSIONER UNDER THIS ARTICLE  SHALL  BE  DEPOSITED  AND  DISPOSED  OF
PURSUANT  TO THE PROVISIONS OF SECTION ONE HUNDRED SEVENTY-ONE-A OF THIS
CHAPTER, PROVIDED THAT AN AMOUNT EQUAL TO ONE HUNDRED PERCENT  COLLECTED
UNDER  THIS ARTICLE LESS ANY AMOUNT DETERMINED BY THE COMMISSIONER TO BE
RESERVED BY THE COMPTROLLER FOR REFUNDS OR REIMBURSEMENTS SHALL BE  PAID
BY  THE  COMPTROLLER  TO  THE CREDIT OF THE MEDICAL MARIHUANA TRUST FUND
ESTABLISHED BY SECTION EIGHTY-NINE-H OF THE STATE FINANCE LAW.
  8. A REGISTERED ORGANIZATION THAT DISPENSES  MEDICAL  MARIHUANA  SHALL
PROVIDE TO THE DEPARTMENT INFORMATION ON WHERE THE MEDICAL MARIHUANA WAS
DISPENSED AND WHERE THE MEDICAL MARIHUANA WAS MANUFACTURED. A REGISTERED
ORGANIZATION THAT OBTAINS MARIHUANA FROM ANOTHER REGISTERED ORGANIZATION
SHALL  OBTAIN FROM SUCH REGISTERED ORGANIZATION INFORMATION ON WHERE THE
MEDICAL MARIHUANA WAS MANUFACTURED.
  S 491. RETURNS TO BE SECRET. 1. EXCEPT IN ACCORDANCE WITH PROPER JUDI-
CIAL ORDER OR AS IN THIS SECTION OR OTHERWISE PROVIDED BY LAW, IT  SHALL
BE UNLAWFUL FOR THE COMMISSIONER, ANY OFFICER OR EMPLOYEE OF THE DEPART-
MENT, OR ANY OFFICER OR PERSON WHO, PURSUANT TO THIS SECTION, IS PERMIT-
TED  TO INSPECT ANY RETURN OR REPORT OR TO WHOM A COPY, AN ABSTRACT OR A
PORTION OF ANY RETURN OR REPORT IS FURNISHED, OR TO WHOM ANY INFORMATION
CONTAINED IN ANY RETURN OR REPORT IS FURNISHED, OR ANY PERSON ENGAGED OR
RETAINED BY SUCH DEPARTMENT ON AN  INDEPENDENT  CONTRACT  BASIS  OR  ANY
PERSON  WHO  IN  ANY  MANNER  MAY ACQUIRE KNOWLEDGE OF THE CONTENTS OF A
RETURN OR REPORT FILED PURSUANT TO THIS ARTICLE TO DIVULGE OR MAKE KNOWN
IN ANY MANNER THE CONTENTS OR ANY  OTHER  INFORMATION  RELATING  TO  THE
BUSINESS OF A DISTRIBUTOR, OWNER OR OTHER PERSON CONTAINED IN ANY RETURN
OR  REPORT  REQUIRED  UNDER THIS ARTICLE.  THE OFFICERS CHARGED WITH THE
CUSTODY OF SUCH RETURNS OR REPORTS SHALL NOT BE REQUIRED TO PRODUCE  ANY
OF  THEM  OR  EVIDENCE  OF  ANYTHING  CONTAINED IN THEM IN ANY ACTION OR
PROCEEDING IN ANY COURT, EXCEPT  ON  BEHALF  OF  THE  STATE,  THE  STATE
DEPARTMENT  OF  HEALTH,  OR  THE COMMISSIONER IN AN ACTION OR PROCEEDING
UNDER THE PROVISIONS OF THIS CHAPTER OR ON BEHALF OF THE  STATE  OR  THE
COMMISSIONER  IN ANY OTHER ACTION OR PROCEEDING INVOLVING THE COLLECTION
OF A TAX DUE UNDER THIS CHAPTER TO WHICH THE STATE OR  THE  COMMISSIONER
IS  A  PARTY  OR  A  CLAIMANT OR ON BEHALF OF ANY PARTY TO ANY ACTION OR
PROCEEDING UNDER THE PROVISIONS OF THIS ARTICLE, WHEN THE RETURNS OR THE
REPORTS OR THE FACTS SHOWN THEREBY ARE DIRECTLY INVOLVED IN SUCH  ACTION
OR  PROCEEDING, OR IN AN ACTION OR PROCEEDING RELATING TO THE REGULATION
OR TAXATION OF MEDICAL MARIHUANA ON BEHALF OF OFFICERS TO WHOM  INFORMA-
TION  SHALL  HAVE  BEEN  SUPPLIED AS PROVIDED IN SUBDIVISION TWO OF THIS
SECTION, IN ANY OF WHICH EVENTS THE COURT MAY REQUIRE THE PRODUCTION OF,
AND MAY ADMIT IN EVIDENCE SO MUCH OF SAID RETURNS OR REPORTS OR  OF  THE
FACTS  SHOWN THEREBY AS ARE PERTINENT TO THE ACTION OR PROCEEDING AND NO
MORE. NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT THE COMMISSIONER, IN
HIS OR HER DISCRETION, FROM ALLOWING THE INSPECTION  OR  DELIVERY  OF  A
CERTIFIED  COPY  OF  ANY RETURN OR REPORT FILED UNDER THIS ARTICLE OR OF
ANY INFORMATION CONTAINED IN ANY SUCH RETURN OR REPORT BY OR TO  A  DULY
AUTHORIZED  OFFICER OR EMPLOYEE OF THE STATE DEPARTMENT OF HEALTH; OR BY
OR TO THE ATTORNEY GENERAL OR OTHER LEGAL REPRESENTATIVES OF  THE  STATE
WHEN AN ACTION SHALL HAVE BEEN RECOMMENDED OR COMMENCED PURSUANT TO THIS
CHAPTER  IN WHICH SUCH RETURNS OR REPORTS OR THE FACTS SHOWN THEREBY ARE
DIRECTLY INVOLVED; OR THE INSPECTION OF THE RETURNS OR REPORTS  REQUIRED
UNDER  THIS  ARTICLE  BY  THE  COMPTROLLER OR DULY DESIGNATED OFFICER OR

A. 6357--E                         18

EMPLOYEE OF THE STATE DEPARTMENT OF AUDIT AND CONTROL, FOR  PURPOSES  OF
THE  AUDIT  OF  A REFUND OF ANY TAX PAID BY A REGISTERED ORGANIZATION OR
OTHER PERSON UNDER THIS ARTICLE; NOR  TO  PROHIBIT  THE  DELIVERY  TO  A
REGISTERED  ORGANIZATION,  OR  A  DULY AUTHORIZED REPRESENTATIVE OF SUCH
REGISTERED ORGANIZATION, A CERTIFIED COPY OF ANY RETURN OR REPORT  FILED
BY SUCH REGISTERED ORGANIZATION PURSUANT TO THIS ARTICLE, NOR TO PROHIB-
IT  THE  PUBLICATION OF STATISTICS SO CLASSIFIED AS TO PREVENT THE IDEN-
TIFICATION OF PARTICULAR RETURNS OR REPORTS AND THE ITEMS THEREOF.
  2. THE COMMISSIONER, IN HIS OR HER DISCRETION  AND  PURSUANT  TO  SUCH
RULES AND REGULATIONS AS HE OR SHE MAY ADOPT, MAY PERMIT THE COMMISSION-
ER OF INTERNAL REVENUE OF THE UNITED STATES, OR THE APPROPRIATE OFFICERS
OF  ANY  OTHER  STATE WHICH REGULATES OR TAXES MEDICAL MARIHUANA, OR THE
DULY AUTHORIZED REPRESENTATIVES OF SUCH  COMMISSIONER  OR  OF  ANY  SUCH
OFFICERS,  TO  INSPECT RETURNS OR REPORTS MADE PURSUANT TO THIS ARTICLE,
OR MAY FURNISH TO SUCH COMMISSIONER OR OTHER OFFICERS, OR  DULY  AUTHOR-
IZED REPRESENTATIVES, A COPY OF ANY SUCH RETURN OR REPORT OR AN ABSTRACT
OF  THE  INFORMATION  THEREIN  CONTAINED, OR ANY PORTION THEREOF, OR MAY
SUPPLY SUCH COMMISSIONER OR ANY SUCH OFFICERS  OR  SUCH  REPRESENTATIVES
WITH  INFORMATION  RELATING TO THE BUSINESS OF A REGISTERED ORGANIZATION
MAKING RETURNS OR REPORTS HEREUNDER.  THE  COMMISSIONER  MAY  REFUSE  TO
SUPPLY  INFORMATION  PURSUANT TO THIS SUBDIVISION TO THE COMMISSIONER OF
INTERNAL REVENUE OF THE UNITED STATES OR TO THE OFFICERS  OF  ANY  OTHER
STATE  IF THE STATUTES OF THE UNITED STATES, OR OF THE STATE REPRESENTED
BY SUCH OFFICERS, DO NOT GRANT SUBSTANTIALLY SIMILAR PRIVILEGES  TO  THE
COMMISSIONER, BUT SUCH REFUSAL SHALL NOT BE MANDATORY. INFORMATION SHALL
NOT  BE  SUPPLIED  TO THE COMMISSIONER OF INTERNAL REVENUE OF THE UNITED
STATES OR THE APPROPRIATE OFFICERS OF ANY OTHER STATE WHICH REGULATES OR
TAXES MEDICAL MARIHUANA, OR THE DULY AUTHORIZED REPRESENTATIVES OF  SUCH
COMMISSIONER OR OF ANY OF SUCH OFFICERS, UNLESS SUCH COMMISSIONER, OFFI-
CER OR OTHER REPRESENTATIVES SHALL AGREE NOT TO DIVULGE OR MAKE KNOWN IN
ANY  MANNER  THE INFORMATION SO SUPPLIED, BUT SUCH OFFICERS MAY TRANSMIT
SUCH INFORMATION TO THEIR EMPLOYEES OR LEGAL REPRESENTATIVES WHEN NECES-
SARY, WHO IN TURN SHALL BE SUBJECT TO THE  SAME  RESTRICTIONS  AS  THOSE
HEREBY IMPOSED UPON SUCH COMMISSIONER, OFFICER OR OTHER REPRESENTATIVES.
  3. (A) ANY OFFICER OR EMPLOYEE OF THE STATE WHO WILLFULLY VIOLATES THE
PROVISIONS  OF SUBDIVISION ONE OR TWO OF THIS SECTION SHALL BE DISMISSED
FROM OFFICE AND BE INCAPABLE OF HOLDING ANY PUBLIC OFFICE IN THIS  STATE
FOR A PERIOD OF FIVE YEARS THEREAFTER.
  (B)  CROSS-REFERENCE: FOR CRIMINAL PENALTIES, SEE ARTICLE THIRTY-SEVEN
OF THIS CHAPTER.
  S 5. The state finance law is amended by adding a new section 89-h  to
read as follows:
  S  89-H. MEDICAL MARIHUANA TRUST FUND.  1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND  THE  COMMISSIONER  OF
TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "MEDICAL MARIHUA-
NA TRUST FUND."
  2.  THE  MEDICAL  MARIHUANA  TRUST  FUND  SHALL  CONSIST OF ALL MONEYS
REQUIRED TO BE DEPOSITED IN THE MEDICAL MARIHUANA TRUST FUND PURSUANT TO
THE PROVISIONS OF SECTION FOUR HUNDRED NINETY OF THE TAX LAW.
  3. THE MONEYS IN THE MEDICAL MARIHUANA TRUST FUND SHALL BE KEPT  SEPA-
RATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF
THE COMMISSIONER OF TAXATION AND FINANCE AND THE STATE COMPTROLLER.
  4. THE MONEYS OF THE MEDICAL MARIHUANA TRUST FUND, FOLLOWING APPROPRI-
ATION  BY  THE  LEGISLATURE,  SHALL  BE  ALLOCATED UPON A CERTIFICATE OF
APPROVAL OF AVAILABILITY BY THE DIRECTOR OF THE BUDGET AS FOLLOWS:   (A)
TWENTY-TWO AND FIVE-TENTHS PERCENT OF THE MONIES SHALL BE TRANSFERRED TO

A. 6357--E                         19

THE  COUNTIES IN NEW YORK STATE IN WHICH THE MEDICAL MARIHUANA WAS MANU-
FACTURED AND ALLOCATED IN PROPORTION TO THE GROSS SALES ORIGINATING FROM
MEDICAL MARIHUANA MANUFACTURED IN EACH SUCH COUNTY; (B)  TWENTY-TWO  AND
FIVE-TENTHS  PERCENT  OF THE MONEYS SHALL BE TRANSFERRED TO THE COUNTIES
IN NEW YORK STATE IN WHICH THE MEDICAL MARIHUANA WAS DISPENSED AND ALLO-
CATED IN PROPORTION TO THE GROSS SALES OCCURRING IN  EACH  SUCH  COUNTY;
(C)  FIVE  PERCENT  OF  THE MONIES SHALL BE TRANSFERRED TO THE OFFICE OF
ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, WHICH SHALL  USE  THAT  REVENUE
FOR ADDITIONAL DRUG ABUSE PREVENTION, COUNSELING AND TREATMENT SERVICES;
AND  (D) FIVE PERCENT OF THE REVENUE RECEIVED BY THE DEPARTMENT SHALL BE
TRANSFERRED TO THE DIVISION OF CRIMINAL JUSTICE  SERVICES,  WHICH  SHALL
USE  THAT  REVENUE  FOR  A  PROGRAM OF DISCRETIONARY GRANTS TO STATE AND
LOCAL LAW ENFORCEMENT AGENCIES THAT DEMONSTRATE A NEED RELATING TO TITLE
FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC  HEALTH  LAW;  SAID  GRANTS
COULD  BE  USED  FOR  PERSONNEL COSTS OF STATE AND LOCAL LAW ENFORCEMENT
AGENCIES. FOR PURPOSES OF THIS SUBDIVISION, THE CITY OF NEW  YORK  SHALL
BE DEEMED TO BE A COUNTY.
  S  6.  Subdivision  1  of  section 171-a of the tax law, as amended by
section 1 of part R of chapter 60 of the laws of  2004,  is  amended  to
read as follows:
  1.  All  taxes,  interest, penalties and fees collected or received by
the commissioner or the commissioner's duly authorized agent under arti-
cles nine (except section one hundred eighty-two-a thereof and except as
otherwise  provided  in  section  two  hundred  five  thereof),  nine-A,
twelve-A  (except  as  otherwise provided in section two hundred eighty-
four-d thereof), thirteen, thirteen-A (except as otherwise  provided  in
section  three  hundred  twelve  thereof),  eighteen,  nineteen,  twenty
(except as otherwise provided in section four hundred eighty-two  there-
of),  TWENTY-B twenty-one, twenty-two, twenty-six, twenty-six-B, twenty-
eight (except as otherwise provided in section  eleven  hundred  two  or
eleven  hundred  three  thereof),  twenty-eight-A, thirty-one (except as
otherwise provided in  section  fourteen  hundred  twenty-one  thereof),
thirty-two,  thirty-three  and  thirty-three-A  of this chapter shall be
deposited daily in one account  with  such  responsible  banks,  banking
houses  or  trust  companies as may be designated by the comptroller, to
the credit of the comptroller. Such an account may be established in one
or more of such depositories. Such deposits shall be kept  separate  and
apart  from  all  other  money in the possession of the comptroller. The
comptroller shall require adequate security from all such  depositories.
Of  the  total revenue collected or received under such articles of this
chapter, the comptroller shall retain in the  comptroller's  hands  such
amount  as the commissioner may determine to be necessary for refunds or
reimbursements under such articles of this chapter and article ten ther-
eof out of which  amount  the  comptroller  shall  pay  any  refunds  or
reimbursements to which taxpayers shall be entitled under the provisions
of  such  articles  of this chapter and article ten thereof. The commis-
sioner and the comptroller shall maintain a system of  accounts  showing
the  amount  of  revenue  collected  or  received from each of the taxes
imposed by such articles. The comptroller, after reserving the amount to
pay such refunds or reimbursements, shall, on or before the tenth day of
each month, pay into the state treasury to the  credit  of  the  general
fund  all  revenue  deposited  under  this  section during the preceding
calendar month and remaining to the comptroller's credit on the last day
of such preceding month, (i) except that the comptroller  shall  pay  to
the  state  department of social services that amount of overpayments of
tax imposed by article twenty-two of this chapter and  the  interest  on

A. 6357--E                         20

such amount which is certified to the comptroller by the commissioner as
the  amount to be credited against past-due support pursuant to subdivi-
sion six of section one hundred seventy-one-c of this chapter, (ii)  and
except  that  the  comptroller  shall  pay  to the New York state higher
education services corporation and the state university of New  York  or
the city university of New York respectively that amount of overpayments
of tax imposed by article twenty-two of this chapter and the interest on
such amount which is certified to the comptroller by the commissioner as
the amount to be credited against the amount of defaults in repayment of
guaranteed  student  loans and state university loans or city university
loans pursuant to subdivision five of section one hundred  seventy-one-d
and  subdivision  six of section one hundred seventy-one-e of this chap-
ter, (iii) and except further that, notwithstanding any law,  the  comp-
troller  shall  credit  to  the  revenue  arrearage account, pursuant to
section ninety-one-a of the state finance law, that amount  of  overpay-
ment  of  tax imposed by article nine, nine-A, twenty-two, thirty, thir-
ty-A, thirty-B, thirty-two or thirty-three  of  this  chapter,  and  any
interest  thereon,  which is certified to the comptroller by the commis-
sioner as the amount to be credited against a past-due legally enforcea-
ble debt owed to a state agency pursuant to paragraph (a) of subdivision
six of section one hundred  seventy-one-f  of  this  article,  provided,
however, he shall credit to the special offset fiduciary account, pursu-
ant  to  section  ninety-one-c of the state finance law, any such amount
creditable as a liability as set forth in paragraph (b)  of  subdivision
six  of  section  one  hundred  seventy-one-f  of this article, (iv) and
except further that the comptroller shall pay to the city  of  New  York
that amount of overpayment of tax imposed by article nine, nine-A, twen-
ty-two,  thirty, thirty-A, thirty-B, thirty-two, or thirty-three of this
chapter and any interest thereon that is certified to the comptroller by
the commissioner as the amount to be credited against city of  New  York
tax  warrant judgment debt pursuant to section one hundred seventy-one-l
of this article, (v) and except further that the comptroller  shall  pay
to  a  non-obligated spouse that amount of overpayment of tax imposed by
article twenty-two of this chapter and the interest on such amount which
has been credited pursuant to section  one  hundred  seventy-one-c,  one
hundred  seventy-one-d,  one hundred seventy-one-e, one hundred seventy-
one-f or one hundred seventy-one-l of this article and which  is  certi-
fied  to the comptroller by the commissioner as the amount due such non-
obligated spouse pursuant to paragraph six of subsection (b) of  section
six  hundred  fifty-one  of this chapter; and (vi) the comptroller shall
deduct a like amount which the comptroller shall pay into  the  treasury
to  the  credit of the general fund from amounts subsequently payable to
the department of social services, the state university of New York, the
city university of New York, or the  higher  education  services  corpo-
ration,  or  the  revenue  arrearage account or special offset fiduciary
account pursuant to section ninety-one-a or ninety-one-c  of  the  state
finance  law, as the case may be, whichever had been credited the amount
originally withheld from such overpayment, and  (vii)  with  respect  to
amounts  originally  withheld  from such overpayment pursuant to section
one hundred seventy-one-l of this article and paid to the  city  of  New
York,  the  comptroller shall collect a like amount from the city of New
York.
  S 7. Subdivision 1 of section 171-a of the  tax  law,  as  amended  by
section  54  of  part A of chapter 59 of the laws of 2014, is amended to
read as follows:

A. 6357--E                         21

  1. All taxes, interest, penalties and fees collected  or  received  by
the commissioner or the commissioner's duly authorized agent under arti-
cles nine (except section one hundred eighty-two-a thereof and except as
otherwise  provided  in  section  two  hundred  five  thereof),  nine-A,
twelve-A  (except  as  otherwise provided in section two hundred eighty-
four-d thereof), thirteen, thirteen-A (except as otherwise  provided  in
section  three  hundred  twelve  thereof),  eighteen,  nineteen,  twenty
(except as otherwise provided in section four hundred eighty-two  there-
of),  TWENTY-B,  twenty-one, twenty-two, twenty-six, twenty-six-B, twen-
ty-eight (except as otherwise provided in section eleven hundred two  or
eleven  hundred  three  thereof),  twenty-eight-A, thirty-one (except as
otherwise provided in  section  fourteen  hundred  twenty-one  thereof),
thirty-three and thirty-three-A of this chapter shall be deposited daily
in  one  account  with  such  responsible banks, banking houses or trust
companies as may be designated by the comptroller, to the credit of  the
comptroller.  Such  an account may be established in one or more of such
depositories. Such deposits shall be kept separate and  apart  from  all
other  money in the possession of the comptroller. The comptroller shall
require adequate security from  all  such  depositories.  Of  the  total
revenue  collected  or received under such articles of this chapter, the
comptroller shall retain in the comptroller's hands such amount  as  the
commissioner may determine to be necessary for refunds or reimbursements
under  such articles of this chapter out of which amount the comptroller
shall pay any refunds or reimbursements  to  which  taxpayers  shall  be
entitled  under  the  provisions  of  such articles of this chapter. The
commissioner and the comptroller shall maintain  a  system  of  accounts
showing  the  amount  of  revenue collected or received from each of the
taxes imposed by such articles. The  comptroller,  after  reserving  the
amount  to  pay  such refunds or reimbursements, shall, on or before the
tenth day of each month, pay into the state treasury to  the  credit  of
the  general  fund  all  revenue deposited under this section during the
preceding calendar month and remaining to the  comptroller's  credit  on
the  last  day  of such preceding month, (i) except that the comptroller
shall pay to the state department of  social  services  that  amount  of
overpayments  of  tax  imposed by article twenty-two of this chapter and
the interest on such amount which is certified to the comptroller by the
commissioner as the amount  to  be  credited  against  past-due  support
pursuant to subdivision six of section one hundred seventy-one-c of this
article,  (ii) and except that the comptroller shall pay to the New York
state higher education services corporation and the state university  of
New  York or the city university of New York respectively that amount of
overpayments of tax imposed by article twenty-two of  this  chapter  and
the interest on such amount which is certified to the comptroller by the
commissioner as the amount to be credited against the amount of defaults
in  repayment  of guaranteed student loans and state university loans or
city university loans  pursuant  to  subdivision  five  of  section  one
hundred  seventy-one-d and subdivision six of section one hundred seven-
ty-one-e of this article, (iii) and except further that, notwithstanding
any law, the comptroller shall credit to the revenue arrearage  account,
pursuant  to  section ninety-one-a of the state finance law, that amount
of overpayment of tax imposed by article nine, nine-A, twenty-two, thir-
ty, thirty-A, thirty-B or thirty-three of this chapter, and any interest
thereon, which is certified to the comptroller by  the  commissioner  as
the  amount  to  be credited against a past-due legally enforceable debt
owed to a state agency pursuant to paragraph (a) of subdivision  six  of
section one hundred seventy-one-f of this article, provided, however, he

A. 6357--E                         22

shall  credit  to  the  special  offset  fiduciary  account, pursuant to
section ninety-one-c of the state finance law, any such amount  credita-
ble  as  a liability as set forth in paragraph (b) of subdivision six of
section  one  hundred  seventy-one-f  of  this  article, (iv) and except
further that the comptroller shall pay to the  city  of  New  York  that
amount  of  overpayment  of tax imposed by article nine, nine-A, twenty-
two, thirty, thirty-A, thirty-B or thirty-three of this chapter and  any
interest thereon that is certified to the comptroller by the commission-
er  as  the  amount  to be credited against city of New York tax warrant
judgment debt pursuant to section  one  hundred  seventy-one-l  of  this
article,  (v)  and  except  further  that the comptroller shall pay to a
non-obligated spouse that amount of overpayment of tax imposed by  arti-
cle twenty-two of this chapter and the interest on such amount which has
been credited pursuant to section one hundred seventy-one-c, one hundred
seventy-one-d,  one  hundred seventy-one-e, one hundred seventy-one-f or
one hundred seventy-one-l of this article and which is certified to  the
comptroller  by  the  commissioner  as the amount due such non-obligated
spouse pursuant to paragraph  six  of  subsection  (b)  of  section  six
hundred fifty-one of this chapter; and (vi) the comptroller shall deduct
a  like  amount which the comptroller shall pay into the treasury to the
credit of the general fund from  amounts  subsequently  payable  to  the
department  of  social  services,  the state university of New York, the
city university of New York, or the  higher  education  services  corpo-
ration,  or  the  revenue  arrearage account or special offset fiduciary
account pursuant to section ninety-one-a or ninety-one-c  of  the  state
finance  law, as the case may be, whichever had been credited the amount
originally withheld from such overpayment, and  (vii)  with  respect  to
amounts  originally  withheld  from such overpayment pursuant to section
one hundred seventy-one-l of this article and paid to the  city  of  New
York,  the  comptroller shall collect a like amount from the city of New
York.
  S 7-a. 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 8. Section 221.00 of the penal law, as added by chapter 360  of  the
laws of 1977, is amended to read as follows:
S 221.00 Marihuana; definitions.
  Unless  the context in which they are used clearly otherwise requires,
the terms occurring in this article shall have the same meaning ascribed
to them in article two hundred twenty of this chapter.  ANY ACT THAT  IS
LAWFUL  UNDER  TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH
LAW IS NOT A VIOLATION OF THIS ARTICLE.
  S 9. The penal law is amended by adding a new article 179 to  read  as
follows:

                               ARTICLE 179
                 CRIMINAL DIVERSION OF MEDICAL MARIHUANA
SECTION 179.00 CRIMINAL DIVERSION OF MEDICAL MARIHUANA; DEFINITIONS.
        179.05 CRIMINAL DIVERSION OF MEDICAL MARIHUANA; LIMITATIONS.
        179.10 CRIMINAL  DIVERSION  OF  MEDICAL  MARIHUANA  IN THE FIRST
                 DEGREE.
        179.11 CRIMINAL DIVERSION OF MEDICAL  MARIHUANA  IN  THE  SECOND
                 DEGREE.
        179.15 CRIMINAL RETENTION OF MEDICAL MARIHUANA.

A. 6357--E                         23

S 179.00 CRIMINAL DIVERSION OF MEDICAL MARIHUANA; DEFINITIONS.
  THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
  1.  "MEDICAL MARIHUANA" MEANS MEDICAL MARIHUANA AS DEFINED IN SUBDIVI-
SION EIGHT OF SECTION THIRTY-THREE HUNDRED SIXTY OF  THE  PUBLIC  HEALTH
LAW.
  2.   "CERTIFICATION"   MEANS   A  CERTIFICATION,  MADE  UNDER  SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THE PUBLIC HEALTH LAW.
S 179.05 CRIMINAL DIVERSION OF MEDICAL MARIHUANA; LIMITATIONS.
  THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO:
  1. A PRACTITIONER AUTHORIZED TO ISSUE A  CERTIFICATION  WHO  ACTED  IN
GOOD FAITH IN THE LAWFUL COURSE OF HIS OR HER PROFESSION; OR
  2.  A  REGISTERED  ORGANIZATION AS THAT TERM IS DEFINED IN SUBDIVISION
NINE OF SECTION THIRTY-THREE HUNDRED SIXTY OF THE PUBLIC HEALTH LAW  WHO
ACTED IN GOOD FAITH IN THE LAWFUL COURSE OF THE PRACTICE OF PHARMACY; OR
  3.  A  PERSON  WHO  ACTED  IN GOOD FAITH SEEKING TREATMENT FOR MEDICAL
CONDITION OR ASSISTING ANOTHER PERSON TO OBTAIN TREATMENT FOR A  MEDICAL
CONDITION.
S 179.10 CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE FIRST DEGREE.
  A  PERSON  IS GUILTY OF CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE
FIRST DEGREE WHEN HE OR SHE IS A PRACTITIONER, AS THAT TERM  IS  DEFINED
IN  SUBDIVISION  TWELVE  OF  SECTION  THIRTY-THREE  HUNDRED SIXTY OF THE
PUBLIC HEALTH LAW, WHO ISSUES A CERTIFICATION WITH KNOWLEDGE OF  REASON-
ABLE  GROUNDS TO KNOW THAT (I) THE RECIPIENT HAS NO MEDICAL NEED FOR IT,
OR (II) IT IS FOR A PURPOSE OTHER THAN TO TREAT A SERIOUS  CONDITION  AS
DEFINED  IN  SUBDIVISION  SEVEN OF SECTION THIRTY-THREE HUNDRED SIXTY OF
THE PUBLIC HEALTH LAW.
  CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE FIRST DEGREE IS A CLASS
E FELONY.
S 179.11 CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF CRIMINAL DIVERSION OF MEDICAL MARIHUANA  IN  THE
SECOND  DEGREE  WHEN  HE  OR  SHE  SELLS, TRADES, DELIVERS, OR OTHERWISE
PROVIDES MEDICAL MARIHUANA  TO  ANOTHER  WITH  KNOWLEDGE  OR  REASONABLE
GROUNDS  TO KNOW THAT THE RECIPIENT IS NOT REGISTERED UNDER TITLE FIVE-A
OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
  CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN  THE  SECOND  DEGREE  IS  A
CLASS B MISDEMEANOR.
S 179.15 CRIMINAL RETENTION OF MEDICAL MARIHUANA.
  A  PERSON  IS  GUILTY OF CRIMINAL RETENTION OF MEDICAL MARIHUANA WHEN,
BEING A CERTIFIED PATIENT OR DESIGNATED CAREGIVER, AS  THOSE  TERMS  ARE
DEFINED  IN  SUBDIVISIONS THREE AND FIVE OF SECTION THIRTY-THREE HUNDRED
SIXTY OF THE PUBLIC  HEALTH  LAW,  RESPECTIVELY,  HE  OR  SHE  KNOWINGLY
OBTAINS, POSSESSES, STORES OR MAINTAINS AN AMOUNT OF MARIHUANA IN EXCESS
OF THE AMOUNT HE OR SHE IS AUTHORIZED TO POSSESS UNDER THE PROVISIONS OF
TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
  CRIMINAL RETENTION OF MEDICAL MARIHUANA IS A CLASS A MISDEMEANOR.
  S  10. The opening paragraph of subdivision 1 of section 216.00 of the
criminal procedure law, as added by section 4 of part AAA of chapter  56
of the laws of 2009, is amended to read as follows:
  "Eligible defendant" means any person who stands charged in an indict-
ment  or  a  superior court information with a class B, C, D or E felony
offense defined in article ONE HUNDRED SEVENTY-NINE, two hundred  twenty
or  two  hundred  twenty-one  of  the  penal  law or any other specified
offense as defined in subdivision four of section 410.91 of  this  chap-
ter, provided, however, a defendant is not an "eligible defendant" if he
or she:

A. 6357--E                         24

  S  11.  Subdivision 5 of section 410.91 of the criminal procedure law,
as amended by section 8 of part AAA of chapter 56 of the laws  of  2009,
is amended to read as follows:
  5.  For  the  purposes  of  this  section, a "specified offense" is an
offense defined by any of the following provisions  of  the  penal  law:
burglary  in  the  third  degree  as defined in section 140.20, criminal
mischief in the third degree as  defined  in  section  145.05,  criminal
mischief in the second degree as defined in section 145.10, grand larce-
ny in the fourth degree as defined in subdivision one, two, three, four,
five,  six,  eight,  nine or ten of section 155.30, grand larceny in the
third degree as defined in section 155.35  (except  where  the  property
consists  of one or more firearms, rifles or shotguns), unauthorized use
of a vehicle in the second degree as defined in section 165.06, criminal
possession of stolen property in the fourth degree as defined in  subdi-
vision  one,  two,  three,  five  or  six  of  section  165.45, criminal
possession of stolen property in the third degree as defined in  section
165.50  (except  where  the  property  consists of one or more firearms,
rifles or shotguns), forgery in the second degree as defined in  section
170.10,  criminal possession of a forged instrument in the second degree
as defined in section 170.25, unlawfully using slugs in the first degree
as defined in section 170.60, CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN
THE FIRST DEGREE AS DEFINED IN SECTION 179.10 or an  attempt  to  commit
any  of the aforementioned offenses if such attempt constitutes a felony
offense; or a class B felony offense  defined  in  article  two  hundred
twenty where a sentence is imposed pursuant to paragraph (a) of subdivi-
sion  two  of section 70.70 of the penal law; or any class C, class D or
class E controlled substance or marihuana felony offense as  defined  in
article two hundred twenty or two hundred twenty-one.
  S  12.  This act shall take effect immediately and shall expire and be
deemed repealed seven years after such date; provided  that  the  amend-
ments  to section 171-a of the tax law made by section seven of this act
shall take effect on the same date and in the same manner as section  54
of  part A of chapter 59 of the laws of 2014 takes effect; and provided,
further, that the amendments to subdivision 5 of section 410.91  of  the
criminal  procedure  law  made  by  section eleven of this act shall not
affect the expiration and repeal of such section and shall expire and be
deemed repealed therewith.

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