S T A T E O F N E W Y O R K
________________________________________________________________________
8317
2015-2016 Regular Sessions
I N A S S E M B L Y
June 23, 2015
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Introduced by M. of A. LUPARDO, GOTTFRIED -- read once and referred to
the Committee on Health
AN ACT to amend the public health law, in relation to the possession and
use of cannabis oil; 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. Section 3360 of the public health law is amended by adding
a new subdivision 18 to read as follows:
18. "LOW THC OIL" MEANS AN OIL THAT CONTAINS NOT MORE THAN FIVE
PERCENT BY WEIGHT OF TETRAHYDROCANNABINOL AND AN AMOUNT OF CANNABIDIOL
EQUAL TO OR GREATER THAN THE AMOUNT OF TETRAHYDROCANNABINOL. LOW THC OIL
SHALL BE DEEMED TO BE MEDICAL MARIHUANA WITHOUT REGARD TO DETERMINATION
OR APPROVAL BY THE COMMISSIONER.
S 2. Subdivision 3 of section 3361 of the public health law, as added
by chapter 90 of the laws of 2014, is amended to read as follows:
3. (A) 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 percentage of marihuana or particular active ingredient, and appro-
priate dosage. The practitioner shall state in the certification any
recommendation or limitation the practitioner makes, in his or her
professional opinion, concerning the appropriate form or forms of
medical marihuana and dosage.
(B) A PRACTITIONER MAY ISSUE A CERTIFICATION FOR THE USE OF LOW THC
OIL.
S 3. Paragraphs (a), (c) and (d) of subdivision 1 of section 3362 of
the public health law, as added by chapter 90 of the laws of 2014, are
amended and a new paragraph (e) is added to read as follows:
(a) the marihuana that may be possessed by a certified patient shall
not exceed a thirty day supply, OR A NINETY DAY SUPPLY IN THE CASE OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11699-04-5
A. 8317 2
LOW THC OIL, of the dosage as determined by the practitioner, 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 peri-
od;
(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
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 OR OTHERWISE DISPENSED, except for the
portion removed for immediate consumption for certified medical use by
the certified patient[.]; AND
(E) WHERE THE CERTIFICATION SPECIFIES AND IS LIMITED TO USE OF THC
OIL, POSSESSION OF LOW THC OIL SHALL BE LAWFUL UNDER THIS TITLE WITHOUT
REGARD TO WHETHER IT WAS OBTAINED PURSUANT TO THIS TITLE.
S 4. This act shall take effect immediately; provided, however, that
the amendments to title 5-A of article 33 of the public health law made
by sections one, two and three of this act shall not affect the repeal
of such title and shall be deemed repealed therewith; and provided
further that the provisions of this act shall expire and be deemed
repealed one year after it shall have become a law.