Senate Bill S7000

2015-2016 Legislative Session

Relates to regulations governing the use of medical marihuana and creating an advisory committee

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Archive: Last Bill Status - In Senate Committee Health Committee

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 15, 2016	referred to health

co-Sponsors

2015-S7000 (ACTIVE) - Details

See Assembly Version of this Bill:: A9553
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§3369-a & 3369, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: A4277

2015-S7000 (ACTIVE) - Summary

Creates an advisory committee on medical use of marihuana to advise the commissioner on making regulations and to decide patient appeals; permits the use of identification cards issued by other states.

2015-S7000 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7000

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

 PURPOSE :

To establish an advisory committee and subcommittees to advise the
Health Commissioner in making regulations on medical marihuana and
reviewing appeals of denials of patient or caregiver applications; to
provide that medical marihuana regulations must be reasonable and
consistent with legislative intent; and to recognize visiting
patients' medical marihuana certifications issued by other states.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: Legislative intent.

Section 2: Amends section 3369-a of the Public Health Law to establish
an advisory committee on medical use of marihuana consisting of 15
members and responsible for advising the Health Commissioner in making
regulations and reviewing appeals of denials of patient or caregiver
applications; and to establish a subcommittee to advise the
Commissioner and advisory committee on clinical matters relating to
medical marihuana.Also provides that regulations under the medical
marihuana title shall be reasonable and consistent with the title, the

legislative intent, and verifiable clinical, legal or public safety
considerations.

Section 3: Adds a new subdivision 5 to § 3369 of the Public Health Law
to recognize a registry identification card or its equivalent, issued
by another state, district, territory, commonwealth, or possession of
the United States, as valid in New York if a New York practitioner
attests in writing to the seriousness of a visiting patient's
condition.The visiting patient's condition would have to be a "serious
condition" under the New York medical marihuana law.Requires the
patient to provide such attestation to the registered organization at
the time of dispensing.

Section 4: Effective date.

 JUSTIFICATION :

Implementation of the medical marihuana law is an extremely complex
process that includes roles for producers, providers, controlled
substance monitoring experts, law enforcement, and patients and their
advocates.It is critical to successful implementation that all parties
with relevant knowledge have the opportunity to provide insight and
feedback.

This bill would create an advisory committee of 15 members to assist
the Commissioner in making regulations and reviewing appeals in the
event of denials of patient or caregiver applications. While
regulatory and appeals decisions ultimately lie with the Commissioner,
this committee would represent the full range of experts whose input
will be very important in building a safe and comprehensive medical
marihuana program.The advisory committee would include, but not be
limited to, health care practitioners, patients with serious
conditions or their representatives, experts in controlled substance
regulation, medical marihuana industry professionals, and law
enforcement.

This legislation would also establish a subcommittee specializing in
clinical matters.The subcommittee will provide specialized clinical
advice to the Commissioner and the advisory committee including
providing recommendations on expanding or contracting the list of
eligible diseases.Subcommittee membership may include, but not be
limited to, members of the advisory committee. In a rapidly-developing
field like medical marihuana research, it is crucial that clinical
professionals have input on determining appropriate medical uses and
standards.

This legislation would also assure that regulations under the medical
marihuana law are consistent with the law and its legislative intent.

The medical marihuana law does not include provisions for recognizing
patients certified in other states. Currently 23 states plus the
District of Columbia and Territory of Guam allow medical use of
marihuana. Patients who went through certification processes in those
locations should not have to go through another entire certification
process in New York, particularly when many medical marihuana patients
need timely and consistent medical care.

This bill would require New York's program to recognize these
out-of-state certifications so long as the patient's condition is
serious as attested to in writing by a New York-approved
practitioner.The visiting patient's condition would have to be a
"serious condition" under the New York medical marihuana law. The
patient would have to provide the written attestation to any
registered organization dispensing medical marihuana to that patient.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2015-S7000 (ACTIVE) - Bill Text download pdf

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

                                  7000

                            I N  S E N A T E

                             March 15, 2016
                               ___________

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

AN ACT to amend the  public  health  law,  in  relation  to  regulations
  governing the medical use of marihuana

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

  Section 1. Legislative findings and intent. The legislature finds that
thousands of New Yorkers have serious medical  conditions  that  can  be
improved  by  medically-approved  use  of  marihuana. The law should not
stand between them and treatment necessary for  life  and  health.  This
legislation follows the well-established public policy that a controlled
substance  can have a legitimate medical use. Many controlled substances
that are legal for medical use (such as morphine and steroids) are ille-
gal for any other use. The purposes of article 33 of the  public  health
law  include allowing legitimate medical use of controlled substances in
health care, including palliative care.
  Title 5-A of article 33 of the public health law, and  the  amendments
to  it  in  this  act, establish a medical model of care which regulates
medical marihuana as a recommended medicine in keeping  with  recognized
medical  public health and safety standards. This policy and this legis-
lation do not in any way diminish New York state's strong public  policy
and laws against illegal drug use, nor should it be deemed in any manner
to  advocate,  authorize, promote, or legally or socially accept the use
of marihuana for children or  adults,  for  any  non-medical  use.  This
legislation  is an appropriate exercise of the state's legislative power
to protect the health of its  people  under  article  17  of  the  state
constitution and the tenth amendment of the United States constitution.
  Furthermore,  the  legislature finds that New York state has a signif-
icant and ongoing economic and non-regulatory interest in the  financial
viability  of  organizations  that  sell  marihuana for medical use. The
legislature finds that the financial  viability  of  such  organizations
would be greatly diminished and threatened by labor-management conflict,
such  as  a  strike  at a facility that cultivates marihuana, especially
because of the need  for  enhanced  security  concerning  the  products.

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

                                                           LBD13602-02-6

S. 7000                             2

Replacements  during  a  strike  would be difficult to arrange and cause
delay far more significant than a  strike  elsewhere.  Accordingly,  the
legislature  finds  that  the  state  has  a  substantial and compelling
proprietary  interest  in  this  matter,  and  finds that labor peace is
essential for any organization to conduct business relating to the  sale
of medical marihuana.
  It is the legislative intent that this act be implemented consistently
with  these  findings  and principles, through a reasonable and workable
system with appropriate oversight; strong "seed to sale"  regulation  to
prevent  diversion,  abuse, and other illegal conduct; reasonable access
to and appropriate use of medical marihuana by certified patients; eval-
uation; and continuing research.
  S 2. Section 3369-a of the public health law, as added by  chapter  90
of the laws of 2014, is amended to read as follows:
  S  3369-a.  Regulations. 1. The commissioner shall make regulations to
implement this title.  REGULATIONS UNDER THIS TITLE SHALL BE  REASONABLE
AND  CONSISTENT  WITH THIS TITLE, THE LEGISLATIVE INTENT, AND VERIFIABLE
CLINICAL, LEGAL OR PUBLIC SAFETY CONSIDERATIONS.
  2. THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT AN ADVISORY COMMITTEE
ON MEDICAL USE OF MARIHUANA (THE "ADVISORY  COMMITTEE")  TO  ADVISE  THE
COMMISSIONER  ON  MAKING REGULATIONS UNDER THIS TITLE AND ON ANY MATTERS
RELATING TO THE IMPLEMENTATION OF THIS TITLE AS THE  COMMISSIONER  SHALL
DETERMINE.  THE ADVISORY COMMITTEE SHALL CONSIST OF FIFTEEN MEMBERS. THE
MEMBERS OF THE ADVISORY COMMITTEE SHALL BE APPOINTED AS  FOLLOWS:  EIGHT
TO  BE APPOINTED BY THE GOVERNOR, TWO TO BE APPOINTED BY THE GOVERNOR ON
THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE, ONE  TO  BE
APPOINTED  BY  THE GOVERNOR ON THE RECOMMENDATION OF THE MINORITY LEADER
OF THE SENATE, TWO TO BE APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION
OF THE SPEAKER OF THE ASSEMBLY, ONE TO BE APPOINTED BY THE  GOVERNOR  ON
THE RECOMMENDATION OF THE MINORITY LEADER OF THE ASSEMBLY, AND ONE TO BE
APPOINTED  BY THE GOVERNOR ON THE RECOMMENDATION OF THE ATTORNEY GENERAL
OF THE STATE OF NEW YORK. THE ADVISORY COMMITTEE SHALL INCLUDE  BUT  NOT
BE LIMITED TO: HEALTH CARE PRACTITIONERS, PATIENTS OR REPRESENTATIVES OF
PATIENTS   WITH   SERIOUS  CONDITIONS,  EXPERTS  IN  THE  REGULATION  OF
CONTROLLED  SUBSTANCES  FOR  MEDICAL  USE,  MEDICAL  MARIHUANA  INDUSTRY
PROFESSIONALS  AND  LAW  ENFORCEMENT.  THE  ADVISORY  COMMITTEE SHALL BE
RESPONSIBLE FOR REVIEWING THE APPEAL OF ANY PATIENT OR  CAREGIVER  WHOSE
REGISTRY  APPLICATION  HAS  BEEN  DENIED BY THE DEPARTMENT. THE ADVISORY
COMMITTEE SHALL MAKE RECOMMENDATIONS REGARDING ANY SUCH  APPEAL  TO  THE
COMMISSIONER,  WHO  SHALL MAKE THE FINAL DETERMINATION. THE COMMISSIONER
MAY ALSO FORM SUBCOMMITTEES OF THE ADVISORY COMMITTEE.  THE COMMISSIONER
SHALL FORM A SUBCOMMITTEE TO ASSIST AND ADVISE THE COMMISSIONER AND  THE
ADVISORY  COMMITTEE  ON  CLINICAL MATTERS RELATING TO MEDICAL MARIHUANA,
INCLUDING BUT NOT LIMITED TO EXPANDING OR RETRACTING THE  CATEGORIES  OF
DISEASES TO BE CONSIDERED SERIOUS CONDITIONS FOR PURPOSES OF THIS TITLE,
THE  MEMBERS  OF  WHICH SHALL PREDOMINANTLY BE CLINICAL PROFESSIONALS IN
APPROPRIATE AREAS OF EXPERTISE AND SHALL ALSO INCLUDE REPRESENTATIVES OF
PATIENTS AND THE GENERAL PUBLIC. MEMBERS OF A SUBCOMMITTEE NEED  NOT  BE
MEMBERS  OF  THE  ADVISORY  COMMITTEE. MEMBERS OF THE ADVISORY COMMITTEE
SHALL SERVE FOR A TERM OF FOUR YEARS. MEMBERS OF  A  SUBCOMMITTEE  SHALL
SERVE  AT  THE  PLEASURE  OF  THE  COMMISSIONER. MEMBERS OF THE ADVISORY
COMMITTEE OR A SUBCOMMITTEE MAY RECEIVE REIMBURSEMENT BY THE  DEPARTMENT
FOR  THEIR  REASONABLE AND NECESSARY EXPENSES INCURRED AS MEMBERS OF THE
ADVISORY COMMITTEE OR A SUBCOMMITTEE. A PUBLIC EMPLOYEE MAY BE A  MEMBER
OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE.

S. 7000                             3

  S  3. Section 3369 of the public health law is amended by adding a new
subdivision 5 to read as follows:
  5.  A  REGISTRY IDENTIFICATION CARD, OR ITS EQUIVALENT, THAT IS ISSUED
UNDER THE LAWS OF ANOTHER STATE, DISTRICT, TERRITORY,  COMMONWEALTH,  OR
POSSESSION OF THE UNITED STATES THAT ALLOWS THE MEDICAL USE OF MARIHUANA
HAS  THE  SAME FORCE AND EFFECT AS A REGISTRY IDENTIFICATION CARD ISSUED
BY THE DEPARTMENT, SO LONG AS THE  VISITING  PATIENT'S  CONDITION  IS  A
SERIOUS  CONDITION, AS ATTESTED TO IN WRITING BY A PRACTITIONER. WHERE A
REGISTERED ORGANIZATION DISPENSES MEDICAL MARIHUANA TO A  PATIENT  UNDER
THIS  SUBDIVISION,  A  COPY  OF THE ATTESTATION SHALL BE PROVIDED TO THE
REGISTERED ORGANIZATION.
  S 4. This act shall take effect immediately; provided that the  amend-
ments  to  title 5-A of article 33 of the public health law made by this
act shall not affect the expiration and repeal of such title  and  shall
expire and be deemed repealed therewith.

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Senate Bill S7000

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

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co-Sponsors

2015-S7000 (ACTIVE) - Details

2015-S7000 (ACTIVE) - Summary

2015-S7000 (ACTIVE) - Sponsor Memo

2015-S7000 (ACTIVE) - Bill Text download pdf

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Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

co-Sponsors

David Carlucci

2015-S7000 (ACTIVE) - Details

2015-S7000 (ACTIVE) - Summary

2015-S7000 (ACTIVE) - Sponsor Memo

2015-S7000 (ACTIVE) - Bill Text download pdf

Comments