Senate Bill S4406B

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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Bill Amendments

co-Sponsors

2013-S4406 - Details

Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add Art 33 Title 5-A §§3360 - 3369-b, amd §3343-a, Pub Health L; add Art 20-B §490, Tax L; amd §853, Gen Bus L; amd §221.00, Pen L

2013-S4406 - Summary

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

2013-S4406 - Sponsor Memo

2013-S4406 - Bill Text download pdf

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

                                  4406

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 26, 2013
                               ___________

Introduced  by  Sens.  SAVINO,  ADAMS, AVELLA, BRESLIN, CARLUCCI, DILAN,
  KRUEGER, MONTGOMERY, SAMPSON, SQUADRON,  TKACZYK  --  read  twice  and
  ordered  printed, and when printed to be committed 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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01604-04-3
              

co-Sponsors

2013-S4406A - Details

Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add Art 33 Title 5-A §§3360 - 3369-b, amd §3343-a, Pub Health L; add Art 20-B §490, Tax L; amd §853, Gen Bus L; amd §221.00, Pen L

2013-S4406A - Summary

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

2013-S4406A - Sponsor Memo

2013-S4406A - Bill Text download pdf

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

                                 4406--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 26, 2013
                               ___________

Introduced  by  Sens.  SAVINO,  ADAMS, AVELLA, BRESLIN, CARLUCCI, DILAN,
  HOYLMAN, KLEIN, KRUEGER, MONTGOMERY, PARKER, SAMPSON, SQUADRON,  TKAC-
  ZYK  -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Health -- 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01604-07-3
              

co-Sponsors

2013-S4406B - Details

Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add Art 33 Title 5-A §§3360 - 3369-b, amd §3343-a, Pub Health L; add Art 20-B §490, Tax L; amd §853, Gen Bus L; amd §221.00, Pen L

2013-S4406B - Summary

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

2013-S4406B - Sponsor Memo

2013-S4406B - Bill Text download pdf

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

                                 4406--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 26, 2013
                               ___________

Introduced   by   Sens.   SAVINO,   AVELLA,  BRESLIN,  CARLUCCI,  DILAN,
  HASSELL-THOMPSON, HOYLMAN, KLEIN, KRUEGER, MONTGOMERY, O'BRIEN,  PARK-
  ER,  PERKINS,  SAMPSON,  SQUADRON,  TKACZYK  -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Health
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee -- recommitted to the  Committee  on
  Health  in  accordance  with  Senate  Rule  6,  sec.  8  --  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01604-09-4
              

co-Sponsors

2013-S4406C - Details

Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add Art 33 Title 5-A §§3360 - 3369-b, amd §3343-a, Pub Health L; add Art 20-B §490, Tax L; amd §853, Gen Bus L; amd §221.00, Pen L

2013-S4406C - Summary

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

2013-S4406C - Sponsor Memo

2013-S4406C - Bill Text download pdf

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

                                 4406--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 26, 2013
                               ___________

Introduced  by  Sens. SAVINO, ADDABBO, AVELLA, BRESLIN, CARLUCCI, DILAN,
  ESPAILLAT, GRISANTI, HASSELL-THOMPSON, HOYLMAN, KENNEDY, KLEIN, KRUEG-
  ER, MAZIARZ, MONTGOMERY, O'BRIEN, PARKER,  PERALTA,  PERKINS,  RIVERA,
  ROBACH, SAMPSON, SERRANO, SQUADRON, TKACZYK, VALESKY -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Health -- committee discharged, bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Health in accordance  with  Senate  Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- reported favorably from said  commit-
  tee and committed to the Committee on Finance -- 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
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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01604-17-4
              

co-Sponsors

2013-S4406D (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add Art 33 Title 5-A §§3360 - 3369-b, amd §3343-a, Pub Health L; add Art 20-B §490, Tax L; amd §853, Gen Bus L; amd §221.00, Pen L

2013-S4406D (ACTIVE) - Summary

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

2013-S4406D (ACTIVE) - Sponsor Memo

2013-S4406D (ACTIVE) - Bill Text download pdf

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

                                 4406--D

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 26, 2013
                               ___________

Introduced  by  Sens. SAVINO, ADDABBO, AVELLA, BRESLIN, CARLUCCI, DILAN,
  ESPAILLAT,  GIPSON,  GRISANTI,  HASSELL-THOMPSON,  HOYLMAN,   KENNEDY,
  KLEIN,   KRUEGER,   MAZIARZ,  MONTGOMERY,  O'BRIEN,  PARKER,  PERALTA,
  PERKINS, RIVERA, ROBACH, SAMPSON, SERRANO, SQUADRON, TKACZYK,  VALESKY
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Health -- committee discharged, bill amended, ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Health in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to said committee -- reported favorably from said commit-
  tee and committed to the Committee on Finance -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  committee  discharged  and  said  bill committed to the
  Committee on Rules --  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01604-30-4
              

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