S T A T E O F N E W Y O R K
________________________________________________________________________
9553
I N A S S E M B L Y
March 16, 2016
___________
Introduced by M. of A. GOTTFRIED, LUPARDO, DINOWITZ, PAULIN, HEVESI,
BLAKE, BRINDISI, ORTIZ, SEPULVEDA, SIMON, SKOUFIS, ZEBROWSKI -- read
once and referred 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13602-02-6
A. 9553 2
because of the need for enhanced security concerning the products.
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.
A. 9553 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.