NY State Senate Bill 2013-S1682

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to health
Jan 09, 2013	referred to health

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2013-S1682 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 33 Title 5-A §§3360 - 3367, Pub Health L

2013-S1682 (ACTIVE) - Summary

Legalizes the possession, manufacture, sale, administration, delivery, dispensing and distribution of marijuana in connection with medical use thereof for certified patients; prescribes procedures for such possession, manufacture, sale, etc. including certification of patients by their practitioner, for a specified period, not to exceed one year (to the effect that the patient has a serious condition, and that the patient is under the practitioner's care for such condition, and that, in the practitioner's medical judgment, the condition can and should be treated with the medical use of marijuana); permits registered organizations to sell, administer, deliver, etc. marijuana to certified patients or the caregiver of a certified patient for certified medical use; permits caregivers of a certified patient to sell, administer, deliver, etc. marijuana to a certified patient for medical use, and also permits any federal, state or local law enforcement agency to sell, deliver, distribute, etc. marijuana to a registered organization

2013-S1682 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1682

TITLE  OF BILL:  An act to amend the public health law, in relation to
medical use of marihuana

PURPOSE: Allows patient to use marihuana to treat  a  serious  illness
under medical supervision.

SUMMARY  OF  SPECIFIC  PROVISIONS:  Section 1 Legislative findings and
intent.

Section 2. Amends the Public Health Law by adding  a  new  Title  V-A,
Medical  Use  of  Marihuana.  New  §3360  defines caregiver, certified
medical use, certified patient, medical use, public place,  registered
organization, and serious condition.

New  §3361  allows  a  licensed  practitioner (the defined term in the
Public Health Law for people who may prescribe controlled  substances)
to  certify  that  a  patient  has  a  serious  condition  that in the
practitioner's judgment can and should be treated with the medical use
of marihuana, and that other drugs  or  treatments  would  not  be  as
effective.  A  copy  of  the  certification will be sent to the Health
Department, a copy will be placed in the  patient's  medical  records,
and  the  patient  will  get  the original. A doctor is not allowed to
certify medical marihuana for himself or herself. A certification will
authorize the dispensing of a month's supply of marihuana and  can  be

re-authorized  up  to 5 times before a new certification would have to
be written. This is similar to the process for prescribing  controlled
substances.

New  §3362  allows  the  possession  or  manufacture of marihuana by a
certified patient for medical use;  by  a  caregiver  of  a  certified
patient,  to  deliver or administer it to the patient for medical use;
and by a registered  organization  (as  spelled  out  in  new  §3363).
Possession  or  manufacture  of marihuana is not allowed if it is in a
public place or is more than eight  ounces.  Registered  organizations
are  allowed to sell or distribute marihuana to a certified patient or
caregiver for medical use; federal, state and  local  law  enforcement
agencies  are  allowed  to  sell or distribute marihuana to registered
organizations;  and  a  caregiver  may  provide   marihuana   to   the
caregiver's certified patient.

New   §3363   provides  that  a  registered  organization  must  be  a
not-for-profit corporation, the Health Department, or a  local  health
department  and must be licensed under §3364 of the Public Health Law,
which  governs  the  manufacture  and   distribution   of   controlled
substances.    Registered  organizations may not sell or dispense more
than a thirty day supply  of  marihuana  to  a  certified  patient  or
caregiver  and  must enclose it in a suitable container, as defined in
this section.

New §3364 provides the procedure for the  registration  of  registered
organizations.   This  procedure  is  similar  to  the  procedure  for
licensure to manufacture and distribute controlled  substances  (§3312
of the Public Health Law).


New  §3365  requires  practitioners  to  file  reports with the Health
Department including  the  identity  of  the  patient,  the  specified
condition   of   the  certification,  the  name  and  address  of  the
practitioner, a brief statement of the level and pattern of  marihuana
use, and the effectiveness of medical marihuana.

New  §3366  authorizes  the Department to analyze and evaluate reports
filed by practitioners and registered organizations under this  title.
The Department can develop, obtain federal approval for, and carry out
research on medical marihuana. Practitioners, patients, and registered
organizations could participate on a voluntary basis. Every two years,
beginning  one  year  after the title becomes law, the Department will
issue a report to the Governor and Legislature on the medical  use  of
marihuana and make appropriate recommendations.

New  §3367 applies other provisions of Article 33 to this title. Where
a provision of this title conflicts with another provision of  Article
33,  this  title  applies..  Section  3 of the bill directs the Health
Department to contract with a third party  to  conduct  an  evaluation
that will include, but not be limited to, an analysis of the practical
operation  of this act, the clinical value of medical use of marihuana
under this act, and the effect (if any) on illegal use  of  controlled
substances.

Section  4  of the bill provides for an immediate effective date and a
sunset on December 31 of the fifth year after the bill becomes law.

JUSTIFICATION:  Thousands  of  New  Yorkers   have   serious   medical
conditions  that  May  benefit  from  medical  use  of  marihuana. The
National Academy of Sciences' Institute of  Medicine  concluded  in  a
1999 report that "nausea, appetite loss, pain and anxiety...all can be
mitigated  by  marihuana."  Doctors  and patients have documented that
marihuana can be an effective treatment  --  where  other  medications
have  failed  --  for at least some patients who suffer from HIV/AIDS,
cancer, epilepsy, multiple sclerosis, and  other  life-threatening  or
debilitating  conditions. Although other drugs are more effective than
marihuana for some patients, the  Institute  of  Medicine  noted  that
"there  will  likely  always be a subpopulation of patients who do not
respond  well  to  other  medications."  Medical  marihuana  must   be
available  to those patients. The active ingredient in marijuana, THC,
has been approved for  medical  use  by  the  Federal  Food  and  Drug
Administration and the Drug Enforcement Agency since 1986 in synthetic
pill  form.  But  consuming it in natural form - which many physicians
say is more effective - continues to be illegal. In  an  editorial  in
the  January  30,  1997 New England Journal of Medicine, Dr. Jerome P.
Kassirer, editor of the Journal, explained that inhaling THC  is  more
effective  than taking the synthetic pill: "smoking marijuana produces
a rapid increase in the blood level of the active ingredients  and  is
thus  more  likely to be therapeutic." It also enables tighter control
of the amount ingested. According to the Institute of Medicine, "it is
well recognized that (the) oral route of  administration  hampers  its
effectiveness because of slow absorption and patients' desire for more
control over dosing." Legalizing the medical use of effective medicine
does  not  undermine the message that non-medical use of illegal drugs
is wrong, Robert Shear, who has 32 years  experience  in  alcohol  and
drug  addiction  services  and  was  Director  of  the NYS Division of
Alcoholism and Alcohol Abuse for 4 years made this point several times


during his testimony at a public hearing on  this  issue  in  December
2002,   supporting  medical  marihuana  legislation.  Many  controlled
substances that are legal for medical use (such  as  morphine,  Valium
and  steroids)  are otherwise illegal. In the same New England Journal
of  Medicine  editorial,  Dr.  Kassirer  argued  that  "it   is   also
hypocritical   to  forbid  physicians  to  prescribe  marijuana  while
permitting them to use morphine  and  meperidine  to  relieve  extreme
dyspnea  and  pain."  The bill's provisions parallel the Public Health
Law's extensive provisions and safeguards governing the medical use of
controlled sub stances. The bill amends the Public Health  Law  rather
than  the  Penal  Law  because  the  Penal Law's controlled substances
provisions all relate back to the Public Health  Law.  Thus,  all  the
acts  that the bill makes lawful under the Public Health Law would, by
definition, be legal under the Penal Law.

LEGISLATIVE HISTORY:  2003-2004: S.4805 - Died in Committee
2005-2006: S.1062 - Died in Committee
2007-2008: S.4768 - Died in Committee

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE. DATE: Immediately. The  Department  of  Health  shall  make
regulations  within  180  days. The bill will sunset on December 31 of
the fifth year after the act becomes law.

2013-S1682 (ACTIVE) - Bill Text download pdf

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

                                  1682

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  MONTGOMERY,  KRUEGER,  SAMPSON  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Health

AN  ACT  to  amend  the public health 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  life  and health-sustaining treatment under a
practitioner's supervision.  Many controlled substances that  are  legal
for  medical  use (such as morphine and steroids) are otherwise illegal.
This legislation follows  the  well-established  public  policy  that  a
controlled substance can have a legitimate medical use.  The purposes of
article  33  of  the  public  health  law are to allow legitimate use of
controlled substances in health care, including palliative care; veteri-
nary care; research and other uses authorized by this article  or  other
law;  under appropriate regulation.  This policy and this legislation do
not in any way diminish New York state's strong public policy  and  laws
against illegal drug use.
  It is the legislative intent that this act be implemented consistently
with  these  findings  and principles, through a reasonable and workable
system with appropriate oversight, evaluation and continuing research.
  S 2. Article 33 of the public health law is amended by  adding  a  new
title V-A to read as follows:

                                TITLE V-A
                        MEDICAL USE OF MARIHUANA
SECTION 3360. DEFINITIONS.

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

                                                           LBD05429-01-3

S. 1682                             2

        3361. CERTIFICATION OF PATIENTS.
        3362. POSSESSION AND SALE.
        3363. REGISTERED ORGANIZATIONS.
        3364. REGISTERING OF REGISTERED ORGANIZATIONS.
        3365. REPORTS BY PRACTITIONERS.
        3366. EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
        3367. APPLICABILITY OF OTHER PROVISIONS OF THIS ARTICLE.
  S  3360. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES  OTHER-
WISE:
  1. "CAREGIVER" MEANS A PERSON ASSISTING A CERTIFIED PATIENT IN CARE OR
TREATMENT  OF A SERIOUS CONDITION WHO IS A HEALTH CARE PROVIDER (INCLUD-
ING AN EMPLOYEE OF A HEALTH CARE PROVIDER) OR  A  PERSON  DESIGNATED  IN
WRITING BY THE CERTIFIED PATIENT.
  2.  "CERTIFIED  MEDICAL  USE"  MEANS THE MEDICAL USE OF MARIHUANA BY A
CERTIFIED PATIENT FOR THE SERIOUS CONDITION SPECIFIED IN A CERTIFICATION
UNDER SECTION THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
  3. "CERTIFIED PATIENT" MEANS A PATIENT CERTIFIED UNDER  SECTION  THIR-
TY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
  4.  "MEDICAL  USE"  MEANS  USE  AS  PART OF THE TREATMENT OF A SERIOUS
CONDITION, INCLUDING ENABLING A PATIENT  TO  TOLERATE  TREATMENT  FOR  A
SERIOUS CONDITION.
  5. "PUBLIC PLACE" MEANS A PUBLIC PLACE AS DEFINED IN SECTION 240.00 OF
THE PENAL LAW.
  6.  "REGISTERED  ORGANIZATION"  MEANS  A REGISTERED ORGANIZATION UNDER
SECTION THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
  7. "SERIOUS  CONDITION"  MEANS  A  LIFE-THREATENING,  DEGENERATIVE  OR
PERMANENTLY  DISABLING  CONDITION,  OR  A CONDITION ASSOCIATED WITH OR A
COMPLICATION OF SUCH A CONDITION.
  S 3361. CERTIFICATION OF PATIENTS. 1. A PRACTITIONER MAY CERTIFY: THAT
A PATIENT HAS A SERIOUS CONDITION,  WHICH  SHALL  BE  SPECIFIED  IN  THE
CERTIFICATION; THAT THE PATIENT IS UNDER THE PRACTITIONER'S CARE FOR THE
SERIOUS  CONDITION;  AND  THAT, IN THE PRACTITIONER'S PROFESSIONAL JUDG-
MENT, THE SERIOUS CONDITION CAN AND SHOULD BE TREATED WITH  THE  MEDICAL
USE  OF  MARIHUANA,  AND  THAT OTHER DRUGS OR TREATMENTS WOULD NOT BE AS
EFFECTIVE.
  2. THE CERTIFICATION SHALL BE IN WRITING AND  INCLUDE  THE  DATE;  THE
NAME,  ADDRESS,  FEDERAL  REGISTRATION NUMBER, TELEPHONE NUMBER, AND THE
HANDWRITTEN  SIGNATURE  OF   THE   CERTIFYING   PRACTITIONER;   SPECIFIC
DIRECTIONS  FOR  USE,  INCLUDING  BUT  NOT  LIMITED  TO,  THE DOSAGE AND
FREQUENCY OF DOSAGE AND THE MAXIMUM DAILY DOSAGE; THE NUMBER OF RENEWALS
AUTHORIZED BY THE PRACTITIONER,  PROVIDED  THAT  NO  SUCH  AUTHORIZATION
SHALL  BE  EFFECTIVE  FOR A PERIOD GREATER THAN SIX MONTHS FROM THE DATE
THE CERTIFICATION IS SIGNED; AND THE NAME AND ADDRESS  OF  THE  PATIENT.
THE  COMMISSIONER MAY REQUIRE BY REGULATION THAT THE CERTIFICATION SHALL
BE ON A FORM PROVIDED BY THE  DEPARTMENT.  THE  CERTIFICATION  SHALL  BE
GIVEN  TO  THE  CERTIFIED PATIENT OR A CAREGIVER FOR THE PATIENT, A COPY
SHALL BE SENT TO THE DEPARTMENT, AND A  COPY  SHALL  BE  PLACED  IN  THE
PATIENT'S HEALTH CARE RECORD.
  3. NO CERTIFICATION UNDER THIS SECTION SHALL BE MADE FOR A QUANTITY OF
MARIHUANA  THAT  WOULD  EXCEED  A  THIRTY  DAY SUPPLY IF IT WERE USED IN
ACCORDANCE WITH THE DIRECTIONS FOR USE SPECIFIED ON THE CERTIFICATION.
  4. NO PRACTITIONER SHALL ISSUE A CERTIFICATION UNDER THIS SECTION  FOR
HIMSELF OR HERSELF.
  S 3362. POSSESSION AND SALE. 1. POSSESSION. (A) POSSESSION OR MANUFAC-
TURE OF MARIHUANA SHALL BE LAWFUL UNDER THIS ARTICLE WHERE IT IS:

S. 1682                             3

  (I) BY A CERTIFIED PATIENT, FOR HIS OR HER CERTIFIED MEDICAL USE; OR
  (II)  BY A CAREGIVER OF A CERTIFIED PATIENT, FOR THE PURPOSE OF DELIV-
ERING OR ADMINISTERING IT TO THE CERTIFIED PATIENT FOR HIS OR HER CERTI-
FIED MEDICAL USE; OR
  (III)  BY  A  REGISTERED  ORGANIZATION,  FOR  THE  PURPOSE  OF  LAWFUL
POSSESSION,  SALE, ADMINISTERING, DELIVERING, DISPENSING OR DISTRIBUTING
UNDER THIS TITLE.
  (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION,  POSSESSION  OR
MANUFACTURE OF MARIHUANA SHALL NOT BE LAWFUL UNDER THIS TITLE IF:
  (I) IT IS CONSUMED OR DISPLAYED IN A PUBLIC PLACE; OR
  (II)  IN  THE CASE OF POSSESSION OR MANUFACTURE BY A CERTIFIED PATIENT
OR CAREGIVER, THE AGGREGATE WEIGHT OF THE PREPARATION, COMPOUND, MIXTURE
OR SUBSTANCE CONTAINING MARIHUANA IS MORE THAN EIGHT  OUNCES,  EXCLUDING
THE WEIGHT OF ANY FOOD OTHER THAN MARIHUANA.
  2.  SALE.  IT  SHALL BE LAWFUL UNDER THIS ARTICLE TO SELL, ADMINISTER,
DELIVER, DISPENSE, OR DISTRIBUTE MARIHUANA WHERE IT IS:
  (A) BY A REGISTERED ORGANIZATION, TO A CERTIFIED PATIENT OR A CAREGIV-
ER OF A CERTIFIED PATIENT, FOR A CERTIFIED MEDICAL USE;
  (B) BY ANY FEDERAL, STATE OR LOCAL LAW ENFORCEMENT AGENCY, TO A REGIS-
TERED ORGANIZATION; OR
  (C) BY A CAREGIVER OF A CERTIFIED PATIENT, TO THE  CERTIFIED  PATIENT,
FOR A CERTIFIED MEDICAL USE.
  S  3363.  REGISTERED ORGANIZATIONS. 1. A REGISTERED ORGANIZATION SHALL
BE:
  (A) A NOT-FOR-PROFIT CORPORATION ORGANIZED FOR THE PURPOSE OF LAWFULLY
SELLING, ADMINISTERING, DELIVERING, DISPENSING OR DISTRIBUTING  MARIHUA-
NA;
  (B) THE DEPARTMENT; OR
  (C) A LOCAL HEALTH DEPARTMENT.
  2.  A  REGISTERED  ORGANIZATION  SHALL  NOT POSSESS, SELL, ADMINISTER,
DELIVER, DISPENSE OR DISTRIBUTE MARIHUANA UNDER THIS TITLE, EXCEPT UNDER
A REGISTRATION UNDER SECTION THIRTY-THREE  HUNDRED  SIXTY-FOUR  OF  THIS
TITLE OR A RENEWAL THEREOF.
  3.  A REGISTERED ORGANIZATION MAY, IN GOOD FAITH, SELL AND DISPENSE TO
A CERTIFIED PATIENT OR A CAREGIVER OF A CERTIFIED PATIENT MARIHUANA UPON
DELIVERY TO THE REGISTERED ORGANIZATION OF A WRITTEN CERTIFICATION WITH-
IN THIRTY DAYS OF THE DATE THE CERTIFICATION WAS SIGNED BY A PRACTITION-
ER. NO REGISTERED ORGANIZATION MAY SELL OR DISPENSE GREATER THAN A THIR-
TY DAY SUPPLY OF MARIHUANA TO A CERTIFIED PATIENT OR A  CAREGIVER  OF  A
CERTIFIED  PATIENT  UNLESS AND UNTIL THE PATIENT HAS EXHAUSTED ALL BUT A
SEVEN DAY SUPPLY OF MARIHUANA PROVIDED PURSUANT TO ANY PREVIOUSLY ISSUED
WRITTEN CERTIFICATION.
  4. A CERTIFICATION MAY BE RENEWED NOT MORE THAN THE  NUMBER  OF  TIMES
SPECIFICALLY  AUTHORIZED  BY  THE  PRACTITIONER  UPON THE CERTIFICATION,
PROVIDED, HOWEVER, THAT NO AUTHORIZATION SHALL BE EFFECTIVE FOR A PERIOD
GREATER THAN SIX MONTHS FROM  THE  DATE  THE  CERTIFICATION  IS  SIGNED.
UNLESS AN EARLIER RENEWING IS AUTHORIZED BY THE PRACTITIONER, NO CERTIF-
ICATION  MAY  BE  RENEWED  EARLIER THAN SEVEN DAYS PRIOR TO THE DATE THE
PREVIOUSLY DISPENSED SUPPLY WOULD BE EXHAUSTED  IF  USED  IN  CONFORMITY
WITH THE DIRECTIONS FOR USE.
  5.  MARIHUANA MAY BE DISPENSED ONLY IF ENCLOSED IN A SUITABLE CONTAIN-
ER, AND:
  (A) AFFIXED TO SUCH CONTAINER IS  A  LABEL  UPON  WHICH  IS  INDELIBLY
TYPED, PRINTED, OR OTHERWISE LEGIBLY WRITTEN THE FOLLOWING:
  (I)  THE  NAME AND ADDRESS OF THE CERTIFIED PATIENT FOR WHOM THE MARI-
HUANA IS INTENDED;

S. 1682                             4

  (II) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE REGISTERED  ORGAN-
IZATION FROM WHICH SUCH MARIHUANA IS DISPENSED;
  (III) SPECIFIC DIRECTIONS FOR USE AS STATED ON THE CERTIFICATION;
  (IV) THE NAME OF THE PRACTITIONER;
  (V)  THE  LEGEND,  PROMINENTLY MARKED OR PRINTED IN EITHER BOLDFACE OR
UPPER CASE LETTERING: "CONTROLLED SUBSTANCE, DANGEROUS  UNLESS  USED  AS
DIRECTED";
  (B) THE CONTAINER SHALL BE IDENTIFIED AS MEDICAL MARIHUANA BY EITHER:
  (I) AN ORANGE LABEL;
  (II)  A  LABEL  OF  ANOTHER COLOR OVER WHICH IS SUPERIMPOSED AN ORANGE
TRANSPARENT ADHESIVE TAPE; OR
  (III) AN AUXILIARY ORANGE LABEL AFFIXED TO THE FRONT OF THE  CONTAINER
AND  BEARING  THE  LEGEND,  PROMINENTLY  MARKED  OR  PRINTED "CONTROLLED
SUBSTANCE, DANGEROUS UNLESS USED AS DIRECTED";
  (C) ANY LABEL, TRANSPARENCY, OR AUXILIARY LABEL SHALL BE APPLIED IN  A
MANNER WHICH WOULD INHIBIT ITS REMOVAL.
  6.  THE  DEPARTMENT  MAY  SUSPEND  OR  TERMINATE THE REGISTRATION OF A
REGISTERED ORGANIZATION, ON GROUNDS  AND  USING  PROCEDURES  UNDER  THIS
ARTICLE RELATING TO A LICENSE, TO THE EXTENT CONSISTENT WITH THIS TITLE.
  S  3364.  REGISTERING  OF REGISTERED ORGANIZATIONS. 1. APPLICATION FOR
INITIAL REGISTRATION. (A) AN APPLICANT FOR REGISTRATION AS A  REGISTERED
ORGANIZATION  UNDER  SECTION  THIRTY-THREE  HUNDRED  SIXTY-THREE OF THIS
TITLE SHALL FURNISH TO THE DEPARTMENT ANY INFORMATION IT  SHALL  REASON-
ABLY REQUIRE AND EVIDENCE THAT THE APPLICANT:
  (I) AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARACTER;
  (II)  POSSESSES  SUFFICIENT  LAND, BUILDINGS AND EQUIPMENT TO PROPERLY
CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICATION;
  (III) IS ABLE TO MAINTAIN EFFECTIVE CONTROL AGAINST DIVERSION  OF  THE
MARIHUANA; AND
  (IV)  IS ABLE TO COMPLY WITH ALL APPLICABLE STATE LAWS AND REGULATIONS
RELATING TO THE MANUFACTURE OR DISTRIBUTION OF MARIHUANA.
  (B) THE APPLICATION SHALL ESTABLISH THE APPLICANT'S STATUS UNDER PARA-
GRAPH (A), (B) OR (C) OF SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED
SIXTY-THREE OF THIS TITLE.
  (C) THE APPLICATION SHALL INCLUDE  THE  NAME,  RESIDENCE  ADDRESS  AND
TITLE  OF  EACH OF THE OFFICERS AND DIRECTORS AND THE NAME AND RESIDENCE
ADDRESS OF ANY PERSON OR ENTITY THAT IS A MEMBER OF THE APPLICANT.  EACH
SUCH PERSON, IF AN INDIVIDUAL, OR LAWFUL REPRESENTATIVE IF A LEGAL ENTI-
TY, SHALL SUBMIT AN AFFIDAVIT WITH THE APPLICATION SETTING FORTH:
  (I)  ANY  POSITION OF MANAGEMENT OR OWNERSHIP DURING THE PRECEDING TEN
YEARS OF A TEN PER CENTUM OR GREATER INTEREST  IN  ANY  OTHER  BUSINESS,
LOCATED IN OR OUTSIDE THIS STATE, MANUFACTURING OR DISTRIBUTING DRUGS;
  (II)  WHETHER  SUCH  PERSON  OR  ANY SUCH BUSINESS HAS BEEN CONVICTED,
FINED, CENSURED OR HAD A REGISTRATION SUSPENDED OR REVOKED IN ANY ADMIN-
ISTRATIVE OR JUDICIAL PROCEEDING RELATING TO OR ARISING OUT OF THE MANU-
FACTURE OR DISTRIBUTION OF DRUGS; AND
  (III) SUCH  OTHER  INFORMATION  AS  THE  COMMISSIONER  MAY  REASONABLY
REQUIRE.
  (D)  THE  APPLICANT  SHALL BE UNDER A CONTINUING DUTY TO REPORT TO THE
DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED IN THE  APPLI-
CATION  OR  ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUMSTANCE WHICH
IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
  2. GRANTING OF REGISTRATION. (A) THE COMMISSIONER SHALL GRANT A REGIS-
TRATION OR AMENDMENT TO A REGISTRATION UNDER THIS SECTION IF HE  OR  SHE
IS SATISFIED THAT:

S. 1682                             5

  (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 SUFFICIENT LAND, BUILDINGS AND EQUIPMENT
TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED  IN THE APPLICATION;
  (V) IT IS IN THE PUBLIC INTEREST THAT SUCH  REGISTRATION  BE  GRANTED;
AND
  (VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
TER.
  (B)  IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT SHOULD BE
ISSUED A REGISTRATION, HE OR SHE SHALL NOTIFY THE APPLICANT  IN  WRITING
OF  THOSE FACTORS UPON WHICH FURTHER EVIDENCE IS REQUIRED. WITHIN THIRTY
DAYS OF THE RECEIPT OF SUCH NOTIFICATION, THE APPLICANT MAY SUBMIT ADDI-
TIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEARING OR BOTH.
  3. APPLICATIONS FOR RENEWAL OF REGISTRATIONS. (A) AN  APPLICATION  FOR
THE  RENEWAL  OF ANY REGISTRATION ISSUED UNDER THIS TITLE SHALL BE FILED
WITH THE DEPARTMENT NOT MORE THAN SIX MONTHS NOR LESS THAN  FOUR  MONTHS
PRIOR TO THE EXPIRATION THEREOF.
  (B)  THE  APPLICATION  FOR  RENEWAL  SHALL  INCLUDE  SUCH  INFORMATION
PREPARED IN THE MANNER AND  DETAIL  AS  THE  COMMISSIONER  MAY  REQUIRE,
INCLUDING BUT NOT LIMITED TO:
  (I)  ANY  MATERIAL  CHANGE  IN  THE CIRCUMSTANCES OR FACTORS LISTED IN
SUBDIVISION ONE OF THIS SECTION; AND
  (II) EVERY KNOWN CHARGE OR INVESTIGATION, PENDING OR CONCLUDED  DURING
THE  PERIOD OF THE REGISTRATION, BY ANY GOVERNMENTAL AGENCY WITH RESPECT
TO:
  (1) EACH INCIDENT OR ALLEGED INCIDENT INVOLVING THE  THEFT,  LOSS,  OR
POSSIBLE  DIVERSION  OF  MARIHUANA  MANUFACTURED  OR  DISTRIBUTED BY THE
APPLICANT; AND
  (2) COMPLIANCE BY THE APPLICANT  WITH  THE  LAWS  OF  THE  STATE  WITH
RESPECT  TO  ANY SUBSTANCE LISTED IN SECTION THIRTY-THREE HUNDRED SIX OF
THIS ARTICLE.
  (C) AN APPLICANT FOR RENEWAL SHALL  BE  UNDER  A  CONTINUING  DUTY  TO
REPORT  TO THE DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED
IN THE APPLICATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR  CIRCUM-
STANCE WHICH IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
  (D)  IF  THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT IS ENTI-
TLED TO A RENEWAL OF THE REGISTRATION, HE OR SHE SHALL WITHIN FORTY-FIVE
DAYS AFTER THE FILING OF THE APPLICATION SERVE UPON THE APPLICANT OR HIS
OR HER ATTORNEY OF RECORD IN PERSON OR BY REGISTERED OR  CERTIFIED  MAIL
AN  ORDER  DIRECTING THE APPLICANT TO SHOW CAUSE WHY HIS OR HER APPLICA-
TION FOR RENEWAL SHOULD NOT BE DENIED. THE ORDER SHALL SPECIFY IN DETAIL
THE RESPECTS IN WHICH THE APPLICANT HAS NOT SATISFIED  THE  COMMISSIONER
THAT THE REGISTRATION SHOULD BE RENEWED.
  (E)  WITHIN  THIRTY  DAYS  OF SERVICE OF SUCH ORDER, THE APPLICANT MAY
EITHER SUBMIT ADDITIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A  HEAR-
ING OR BOTH. IF A HEARING IS DEMANDED, THE COMMISSIONER SHALL FIX A DATE
FOR  A  HEARING  NOT SOONER THAN FIFTEEN DAYS NOR LATER THAN THIRTY DAYS
AFTER RECEIPT OF THE DEMAND, UNLESS SUCH TIME LIMITATION  IS  WAIVED  BY
THE APPLICANT.

S. 1682                             6

  4.  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 MANU-
FACTURE OR DISTRIBUTION OF MARIHUANA.
  (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 MANUFACTURE
OR DISTRIBUTION OF MARIHUANA, SHALL CONSTITUTE SUBSTANTIAL EVIDENCE THAT
THE APPLICANT WILL BE UNLIKELY TO  MAINTAIN  EFFECTIVE  CONTROL  AGAINST
DIVERSION  OR WILL BE UNLIKELY TO COMPLY WITH THE APPLICABLE STATE STAT-
UTES DURING THE PERIOD OF PROPOSED RENEWAL.
  S 3365. REPORTS BY PRACTITIONERS. THE DEPARTMENT SHALL, BY REGULATION,
REQUIRE EACH PRACTITIONER WHO MAKES A CERTIFICATION UNDER THIS TITLE  TO
FILE REPORTS OF EACH CERTIFICATION, ON FORMS PROVIDED BY THE DEPARTMENT,
INCLUDING  AN  INITIAL  REPORT  AND  PERIODIC FOLLOW-UP REPORTS NOT MORE
FREQUENTLY THAN EVERY NINETY DAYS, COVERING THE EFFECTIVE PERIOD OF  THE
CERTIFICATION. EACH REPORT SHALL INCLUDE THE DATE, EFFECTIVE PERIOD, AND
SPECIFIED  CONDITION  OF  THE CERTIFICATION, THE NAME AND ADDRESS OF THE
CERTIFYING PRACTITIONER, AND THE NAME AND ADDRESS OF THE  PATIENT.  EACH
FOLLOW-UP  REPORT  SHALL  INCLUDE  A  BRIEF  STATEMENT  OF THE LEVEL AND
PATTERN OF MARIHUANA USE BY THE PATIENT AND  THE  EFFECTIVENESS  OF  THE
MEDICAL USE OF MARIHUANA FOR THE PATIENT.
  S  3366.  EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT. 1.  THE
DEPARTMENT MAY PROVIDE FOR THE ANALYSIS AND EVALUATION OF REPORTS  FILED
BY PRACTITIONERS  AND REGISTERED ORGANIZATIONS UNDER 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 REGISTERED ORGANIZATIONS.
  3. THE DEPARTMENT SHALL REPORT EVERY TWO  YEARS,  BEGINNING  ONE  YEAR
AFTER  THIS  TITLE BECOMES A LAW, TO THE GOVERNOR AND THE LEGISLATURE ON
THE MEDICAL USE OF MARIHUANA  UNDER  THIS  TITLE  AND  MAKE  APPROPRIATE
RECOMMENDATIONS.
  S  3367.  APPLICABILITY  OF  OTHER  PROVISIONS  OF  THIS  ARTICLE. THE
PROVISIONS OF THIS ARTICLE SHALL APPLY TO THIS TITLE, EXCEPT THAT  WHERE
A PROVISION OF THIS TITLE CONFLICTS WITH ANOTHER PROVISION OF THIS ARTI-
CLE, THIS TITLE SHALL APPLY.
  S  3.  The commissioner of health shall enter into agreements with one
or more persons, not-for-profit  corporations  or  other  organizations,
other  than a state employee, official or agency, for the performance of
an evaluation of the implementation and effectiveness of the  provisions
of  this  act.  Such evaluation shall include, but not be limited to, an
analysis of the practical operation of this act, the clinical  value  of
medical  use  of  marihuana  under  this act, and the effect (if any) on
illegal use of controlled substances.
  S 4. This act shall take effect immediately; provided that the depart-
ment of health shall make regulations and issue forms  provided  for  in
this  act  within  180  days after this act shall have become a law; and
provided that no certification under section 3361 of the  public  health
law,  as  added  by section two of this act, may be made on or after the
thirty-first of December of the fifth year after  this  act  shall  have
become a law.

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Senate Bill S1682

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

2013-S1682 (ACTIVE) - Details

2013-S1682 (ACTIVE) - Summary

2013-S1682 (ACTIVE) - Sponsor Memo

2013-S1682 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1682

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Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

Brad Hoylman-Sigal

Liz Krueger

John L. Sampson

2013-S1682 (ACTIVE) - Details

2013-S1682 (ACTIVE) - Summary

2013-S1682 (ACTIVE) - Sponsor Memo

2013-S1682 (ACTIVE) - Bill Text download pdf

Comments