Senate Bill S4930C

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

                                  4930

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to prohibit the sale, provision and cultivation of marihuana

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

  Section  1. Notwithstanding any other provision of law specifically or
generally authorizing such activities, no person shall sell, give  away,
provide  or  cultivate  any  quantity  of  marihuana,  regardless of the
purpose of such sale, provision or cultivation. Every act  committed  in
violation  of this act shall be subject to the provisions of article 221
of the penal law as such article existed on April 1, 2013.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10494-01-3


              

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

                                 4930--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  prohibit the sale, dispensing, provision and cultivation of
  marihuana

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "illegal narcotics dispensary ban".
  S 2. Notwithstanding any other provision of law specifically or gener-
ally authorizing such activities, no person shall sell,  dispense,  give
away,  provide or cultivate any quantity of marihuana, regardless of the
purpose of such sale, dispensing, provision or  cultivation,  nor  shall
any  person  operate  a  dispensary of marihuana. Every act committed in
violation of this act shall be subject to the provisions of article  221
of the penal law as such article existed on April 1, 2013.
  S 3. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10494-03-3


              

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

                                 4930--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, the general business law and  the
  penal law, in relation to medical use of smokeless vaporizing devices

  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 SMOKELESS VAPORIZING DEVICES
SECTION 3360.   DEFINITIONS.
        3361.   CERTIFICATION OF PATIENTS.
        3362.   LAWFUL MEDICAL USE.
        3363.   REGISTRY IDENTIFICATION CARDS.
        3364.   EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
        3365.   APPLICATION OF OTHER LAWS.
        3366.   PROTECTIONS FOR THE MEDICAL USE OF METERED DOSES.
        3367.   REGULATIONS.
        3368.   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 OR TRANSPORTATION OF A SMOKELESS VAPORIZING DEVICE 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10494-04-3

              

S. 4930--B                          2

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, ARTHRITIS, LUPUS,
AND DIABETES, OR A CONDITION ASSOCIATED WITH OR A COMPLICATION OF SUCH A
CONDITION OR ITS TREATMENT SUBJECT TO LIMITATION BY  REGULATION  OF  THE
COMMISSIONER.
  8.  "MEDICAL  MARIHUANA"  MEANS  MARIHUANA  INTENDED  FOR  A CERTIFIED
MEDICAL USE.
  9. "METERED DOSE" MEANS MARIHUANA IN STERILE PLANT FORM PACKAGED IN  A
SINGLE DOSE ENCAPSULATION METHOD.
  10.  "REGISTERED  ORGANIZATION"  MEANS  A  REGISTERED  ORGANIZATION AS
DEFINED IN SECTION THIRTY-THREE HUNDRED SIXTY-FOUR 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  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. "SMOKELESS VAPORIZING DEVICE"  MEANS  A  MEDICAL  GRADE  VAPORIZER
DELIVERY  DEVICE  CAPABLE  OF  ADMINISTERING THE ACTIVE INGREDIENTS OF A
METERED DOSE  OF  MEDICAL  MARIHUANA  BY  MEANS  OF  INHALATION  WITHOUT
COMBUSTION BY-PRODUCTS.
  S 3361. CERTIFICATION OF PATIENTS. 1. A PATIENT CERTIFICATION MAY ONLY
BE  ISSUED  IF A PRACTITIONER WHO IS CARING FOR A PATIENT WITH 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 A SMOKELESS VAPORIZING DEVICE FOR THE SERIOUS CONDITION.

S. 4930--B                          3

  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 USE OF A SMOKELESS
VAPORIZING DEVICE FOR THE SERIOUS CONDITION; (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.  THE PRACTITIONER MAY STATE IN  THE  CERTIF-
ICATION  THAT,  IN  THE  PRACTITIONER'S PROFESSIONAL OPINION THE PATIENT
WOULD BENEFIT FROM USE OF A SMOKELESS VAPORIZING  DEVICE  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 USE OF A
SMOKELESS  VAPORIZING  DEVICE  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
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 AND ADMINISTRATION OF METERED DOSES
AND A SMOKELESS VAPORIZING DEVICE BY A CERTIFIED PATIENT  OR  DESIGNATED
CAREGIVER POSSESSING A VALID REGISTRY IDENTIFICATION CARD, FOR CERTIFIED
MEDICAL USE, SHALL BE LAWFUL UNDER THIS TITLE.
  2. IT SHALL BE LAWFUL UNDER THIS ARTICLE TO GIVE OR DISPOSE OF METERED
DOSES  OR  SMOKELESS  VAPORIZING DEVICES, OBTAINED UNDER THIS TITLE, FOR
CERTIFIED MEDICAL USE, BETWEEN CERTIFIED PATIENTS  AND  OTHER  CERTIFIED
PATIENTS,   AND  BETWEEN  A  DESIGNATED  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 METERED DOSES AND SMOKELESS VAPORIZING DEVICES TO
OR BY A REGISTERED ORGANIZATION UNDER THIS ARTICLE; NOR

S. 4930--B                          4

  (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  METERED  DOSES  AND  SMOKELESS  VAPORIZING
DEVICES  FROM  A  REGISTERED  ORGANIZATION  UNDER  SECTION  THIRTY-THREE
HUNDRED SIXTY-SIX OF THIS TITLE.
  S 3363. REGISTRY IDENTIFICATION CARDS.  1. THE DEPARTMENT SHALL  ISSUE
REGISTRY  IDENTIFICATION  CARDS  FOR  CERTIFIED  PATIENTS AND DESIGNATED
CAREGIVERS. A REGISTRY IDENTIFICATION CARD SHALL EXPIRE AS  PROVIDED  IN
SECTION  THIRTY-THREE  HUNDRED  SIXTY-ONE  OF THIS TITLE OR AS OTHERWISE
PROVIDED IN THIS SECTION. THE DEPARTMENT SHALL  BEGIN  ISSUING  REGISTRY
IDENTIFICATION  CARDS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF
THIS SECTION.  THE DEPARTMENT MAY SPECIFY A FORM FOR A REGISTRY APPLICA-
TION, IN WHICH CASE THE DEPARTMENT SHALL PROVIDE THE  FORM  ON  REQUEST,
REPRODUCTIONS  OF  THE FORM MAY BE USED, AND THE FORM SHALL BE AVAILABLE
FOR DOWNLOADING FROM THE DEPARTMENT'S WEBSITE.
  2. TO OBTAIN, 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 USE
OF A SMOKELESS VAPORIZING DEVICE, 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

S. 4930--B                          5

  (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; AND
  (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 AUTHORIZED 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, 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 CERTIFICATION.  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

S. 4930--B                          6

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 KNOWINGLY  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)  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 PURSUANT TO THIS TITLE.
  (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 SUBDIVISION 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. 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 USE  OF  METERED  DOSES
AND  SMOKELESS  VAPORIZING DEVICES.   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  METERED  DOSES  AND  SMOKELESS  VAPORIZING
DEVICES UNDER THIS TITLE AND MAKE APPROPRIATE RECOMMENDATIONS.
  S  3365.  APPLICATION OF OTHER LAWS. 1. THE PROVISIONS OF THIS ARTICLE
SHALL APPLY TO THIS TITLE, EXCEPT THAT WHERE A PROVISION OF  THIS  TITLE

S. 4930--B                          7

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 ESTABLISHED  PURSUANT  TO  THIS  CHAPTER  OR  THE
INSURANCE  LAW TO PROVIDE COVERAGE FOR METERED DOSES OR SMOKELESS VAPOR-
IZING DEVICES.   NOTHING IN THIS TITLE SHALL  BE  CONSTRUED  TO  REQUIRE
COVERAGE FOR METERED DOSES OR SMOKELESS VAPORIZING DEVICES 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  3366.  PROTECTIONS FOR THE MEDICAL USE OF METERED DOSES. 1.  CERTI-
FIED PATIENTS, DESIGNATED CAREGIVERS, PRACTITIONERS,  REGISTERED  ORGAN-
IZATIONS  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 DISCI-
PLINARY  ACTION  BY  A  BUSINESS, OCCUPATIONAL OR PROFESSIONAL LICENSING
BOARD OR BUREAU, SOLELY FOR THE CERTIFIED MEDICAL USE OR MANUFACTURE  OF
METERED  DOSES  OR SMOKELESS VAPORIZING DEVICES, 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  GOVERN-
MENT  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. NO SCHOOL, EMPLOYER OR LANDLORD SHALL REFUSE TO ENROLL  OR  EMPLOY,
LEASE  TO OR OTHERWISE PENALIZE A PERSON SOLELY FOR THAT PERSON'S STATUS
AS A CERTIFIED 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.
  3. FOR THE PURPOSES OF MEDICAL CARE, INCLUDING  ORGAN  TRANSPLANTS,  A
PATIENT'S  MEDICAL USE OF METERED DOSES OR A SMOKELESS VAPORIZING DEVICE
SHALL NOT CONSTITUTE THE USE OF AN ILLICIT SUBSTANCE  AND  MAY  ONLY  BE
CONSIDERED WITH RESPECT TO EVIDENCE-BASED CLINICAL CRITERIA.
  4.  NO  PERSON  SHALL  BE  DENIED CUSTODY OR VISITATION OF A MINOR FOR
ACTING IN ACCORDANCE WITH THIS TITLE UNLESS SUCH  PERSON'S  BEHAVIOR  IS
SUCH  THAT  IT  CREATES  AN UNREASONABLE DANGER TO THE MINOR THAT CAN BE
CLEARLY ARTICULATED AND SUBSTANTIATED.
  5. 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
SHALL HAVE 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 METERED DOSES OR A SMOKELESS  VAPOR-
IZING DEVICE TO A PATIENT UNDER THIS SUBDIVISION, A COPY OF THE ATTESTA-
TION SHALL BE PROVIDED TO THE REGISTERED ORGANIZATION.
  S  3367.  REGULATIONS.  THE  COMMISSIONER  SHALL PROMULGATE SUCH REGU-
LATIONS AS SHALL BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
  S 3368. 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 2. Section 853 of the general business law is amended  by  adding  a
new subdivision 3 to read as follows:

S. 4930--B                          8

  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  3.  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.  PROVIDED, HOWEV-
ER,  THAT ANY POSSESSION OR SALE THAT IS LAWFUL PURSUANT TO TITLE FIVE-A
OF ARTICLE THIRTY-THREE  OF  THE  PUBLIC  HEALTH  LAW  SHALL  NOT  BE  A
VIOLATION OF THIS ARTICLE.
  S 4. This act shall take effect immediately.