senate Bill S7923

Signed By Governor
2013-2014 Legislative Session

Relates to the medical use of marihuana

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Sponsored By

Archive: Last Bill Status Via A6357 - Signed by Governor


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

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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 20, 2014 substituted by a6357e
Jun 19, 2014 ordered to third reading cal.1659
referred to rules

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Co-Sponsors

S7923 - Bill Details

See Assembly Version of this Bill:
A6357E
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

S7923 - 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.

view sponsor memo
BILL NUMBER:S7923

TITLE OF BILL: 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 procedure law, in relation to medical use of marihuana; and
providing for the repeal of such provisions upon expiration thereof

Purpose:

This bill would comprehensively regulate the manufacture, sale and use
of medical marihuana. It would strike the right balance between
potentially relieving the pain and suffering of those in desperate
need of a treatment and protecting the public against risks to its
health and safety. The balance would be maintained by granting
discretion to physicians to prescribe in accordance with regulatory
requirements and medical norms, empowering the Department of Health to
oversee the regimen of medical marihuana usage and leaving to the
Governor, the final say in seeing that the public's safety and health
are protected by authorizing him to discontinue the program, in whole
or in part, should risks to the public so warrant.

Summary of Provisions:

The bill would create a new Title V-A in Article 33 of the Public
Health Law entitled "Medical Use of Marihuana," a comprehensive
regulatory structure governing every aspect of the medical use of
marihuana.

Certification: A patient would have to be certified by a practitioner
in order to obtain medical marihuana. A practitioner would be a
physician, trained by and registered with the Department of Health
(DOH), licensed by the State and qualified to treat the serious
condition for which the patient is seeking treatment. A certification
could be issued only to a patient with a serious condition, which is
limited to a defined list of conditions. The Commissioner of Health
(Commissioner) may add additional conditions or symptoms to the list.
The patient would have to be under the practitioner's continuing care
for the serious condition.

The bill would establish the form of the certification. In making the
certification, the practitioner must consider the appropriate form and
dosage of medical marihuana. Any form of medical marihuana not
approved by the Commissioner would be prohibited, and smoking would be
prohibited. The dosage must be consistent with guidance issued by the
Commissioner, and the patient would not be allowed to possess an
amount of medical marihuana in excess of a 30 day supply of the
dosage. Additionally, the patient would be required to keep the
medical marihuana in the original packaging in which it was dispensed.

Registry Identification Cards: Upon approval of the certification, DOH
would issue registration identification cards. Patients or designated
caregivers would have to apply to DOH for a card, on an application
determined by the Commissioner. If a patient wishes to change or
terminate a certified caregiver, the patient would be required to
notify the Department, which would notify the caregiver that the
caregiver's card is invalid and must be returned to the Department.


The registry identification card would expire one year after the date
the certification is signed. The card would contain any recommendation
or limitation on form or dosage imposed by the practitioner as well as
other information. A patient or caregiver would have to notify the
Department of any change in name or address or if the patient ceases
to have the serious condition noted on the certification, at which
point the card would have to be returned to the Department. A patient
would be required to carry his or her registration card when in
possession of the medical marihuana.

The Department would maintain a confidential list of persons issued a
registry identification card, and individual identifying information
obtained by the Department would be exempt from disclosure under
Article Six of the Public Officers Law. The Department would be able
to suspend or revoke the card of a patient or caregiver who willfully
violates any provision of the new Title.

Registered Organizations: A registered organization would be a
for-profit business entity or not-for-profit corporation that would
acquire, possess, manufacture, sell, deliver, transport, distribute,
or dispense medical marihuana. Registered organizations would be able
to dispense medical marihuana to individuals who present a registry
identification card and would provide the patient or caregiver with a
receipt, which would also be provided to the Department. A safety
insert would also be provided to the patient or caregiver. The
organization would not be able to dispense an amount greater than a
thirty day supply to a patient. The medical marihuana would be
dispensed in a sealed and properly labeled package. All manufacturing
and dispensing of medical marihuana by registered organizations would
take place in New York State. The Commissioner is authorized to
promulgate regulations restricting the advertising and marketing of
medical marihuana.

Registered organizations would register with the Department on a form
determined by the Commissioner. Registered organizations would also be
under a continuing obligation to report any changes in facts or
circumstances reflected in the application either during the
application process or once registration has been granted. The
Commissioner would grant applications only when the Commissioner is
satisfied that the applicant would be able to conform to a delineated
list of requirements. Registrations would be valid for two years at a
time and would be renewable. A registration will be suspended or
revoked if the organization fails to comply with applicable state
laws. The Commissioner would be able to register up to five
organizations that each operate four dispensaries, and would be able
to allow additional registered organizations and dispensaries.

Registered organizations would be required to file reports with the
Department and would have to comply with security and record keeping
requirements determined through regulation by the Commissioner.

Other Provisions:

*Health insurers would not be required to provide coverage for medical
marihuana.


*The Commissioner would have authority to issue any necessary
regulations to implement the Title's provisions and would also set a
price for medical marihuana.

*Registration identifications and registrations for organizations
would be issued 18 months after the effective date of the bill, unless
the Commissioner certifies that the Title could not be implemented in
accordance with public health and safety interests. The Governor
would also be allowed to suspend or terminate any provisions of the
Title based on the recommendations of the Commissioner or
Superintendent.

*The medical marihuana program would be integrated into the successful
existing I-STOP program.

*There would be a new article in the Tax Law, Article 20-B, which
would impose an excise tax on every sale of medical marihuana by a
registered organization to a certified patient or designated
caregiver. The excise tax, which would be charged against and paid by
the organization, would equal 7% of the gross receipts attributable to
the sale of the medical marihuana to the certified patient or
designated caregiver. The provisions in proposed new Article 20-B also
include the procedural rules necessary to administer and enforce the
excise new tax.

*The bill would establish the Medical Marihuana Trust Fund - in
Section 89-h of the State Finance Law that would consist of the
proceeds of the excise tax. The moneys of the medical marihuana trust
fund, following appropriation by the Legislature, would be allocated
as follows: 22.5% to the counties in New York in which the medical
marihuana was manufactured; 22.5% to the counties in New York in which
the medical marihuana was dispensed; 5% to the Office of Alcoholism
and Substance Abuse Services to be used for additional drug abuse
prevention, counseling and treatment services; and 5% to the Division
of Criminal Justice Services to be used for a program of discretionary
grants to state and local law enforcement agencies that demonstrate a
need relating to Title V-A of Article 33 of the Public Health Law.

*The Penal Law would be amended to create a class E felony for a
practitioner to issue a certification when the practitioner knows or
has reason to know that the patient has no medical need for the
certification, or that the certification was requested for a purpose
other than to treat a serious condition. It would be a class B
misdemeanor for a person to transfer medical marihuana to an
individual who the person knows or has reasonable grounds to know is
not authorized to possess medical marihuana. It would be a class A
misdemeanor for patients or caregivers to retain an amount of
marihuana in excess of the amount they are authorized to possess.

Existing Law:

Article 221 of the Penal Law governs the possession and sale of
marihuana.

Justification:


Medical marihuana has the potential to alleviate the pain and
suffering of New Yorkers afflicted with serious illnesses. Numerous
other states have recognized the therapeutic and palliative benefits
of medical marihuana. Any system allowing medical marihuana, however,
must be strictly regulated to avoid any undue risks or negative
consequences to the public health and public safety. This bill would
create a comprehensive, regulated framework for providing medical
marihuana to individuals who stand to benefit most from its use.

The bill would regulate practitioners, patients and organizations that
participate in the medical marihuana system. It would also provide
that the program would not begin until the Commissioner and the
Superintendent of State Police certify that the system can be
administered consistent with public health and safety interests. It
would also provide the Commissioner substantial regulatory authority
to ensure the system is administered safely.

Notably, this bill prohibits smoking medical marihuana. The negative
health consequences of smoking of marihuana are well-established. As
the National Institute for Drug Abuse notes, "The smoke of marijuana,
like that of tobacco, consists of a toxic mixture of gases and
particulates, many of which are known to be harmful to the lungs." In
addition to its direct negative effects on users' health, the
widespread smoking of medical marihuana has the potential to undermine
New York State's decades-long and successful effort to decrease
smoking more broadly. However well-intentioned, any effort that
reduces the stigma associated with smoking, and that has the potential
to lead to an increase in smoking rates among New Yorkers, especially
young New Yorkers, presents an unwarranted public health risk. This
legislation would avoid that risk.

Legislative History:

This is a new bill.

Budget Implications:

Any State Fiscal Year 2014-2015 expenses associated with this bill
would be paid for by existing state resources, and ongoing expenses
would be funded through the excise tax revenues and application fees.

Effective Date:

This bill would take effect immediately, subject to the necessary
certifications by the Commissioner and Superintendent. This bill would
sunset in 7 years.

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

                                  7923

                            I N  S E N A T E

                              June 19, 2014
                               ___________

Introduced  by Sen. SAVINO -- (at request of the Governor) -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Rules

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

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12117-01-4

S. 7923                             2

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
  (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

S. 7923                             3

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.
  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

S. 7923                             4

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
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

S. 7923                             5

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.
  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

S. 7923                             6

  (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.
  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-

S. 7923                             7

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
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

S. 7923                             8

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
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

S. 7923                             9

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
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;

S. 7923                            10

  (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
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.

S. 7923                            11

  (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.
  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-

S. 7923                            12

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-
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. 7923                            13

  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.
  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

S. 7923                            14

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.
  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

S. 7923                            15

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-
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

S. 7923                            16

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
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

S. 7923                            17

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
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-

S. 7923                            18

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
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),

S. 7923                            19

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
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

S. 7923                            20

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:
  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

S. 7923                            21

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
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:

S. 7923                            22

  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.
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

S. 7923                            23

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:
  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,

S. 7923                            24

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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