S T A T E O F N E W Y O R K
________________________________________________________________________
9747--A
Cal. No. 520
I N A S S E M B L Y
April 5, 2016
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Health -- reported from committee, advanced to a third
reading, amended and ordered reprinted, retaining its place on the
order of third reading
AN ACT to amend the public health law, in relation to medical marihuana
dispensing sites
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 9 of section 3365 of the public health law, as
added by chapter 90 of the laws of 2014, is amended to read as follows:
9. (A) The commissioner shall register no more than five registered
organizations that manufacture medical marihuana with no more than
[four] EIGHT dispensing sites wholly owned and operated by such regis-
tered organization. The commissioner shall ensure that [such] registered
organizations and dispensing sites are geographically distributed across
the state. The [commission] COMMISSIONER may register additional regis-
tered organizations.
(B) THE COMMISSIONER SHALL, BY JANUARY FIRST, TWO THOUSAND SEVENTEEN,
REGISTER AT LEAST FIVE ADDITIONAL REGISTERED ORGANIZATIONS THAT MANUFAC-
TURE MEDICAL MARIHUANA, EACH OF WHICH MAY OPERATE NO MORE THAN EIGHT
DISPENSING SITES. IN DETERMINING WHICH APPLICANTS TO SELECT UNDER THIS
PARAGRAPH: (I) THE COMMISSIONER SHALL SEEK TO PROVIDE DISPENSARIES IN
UNDERSERVED AREAS; AND (II) WHERE AN APPLICANT WAS AN APPLICANT IN THE
COMMISSIONER'S INITIAL SELECTION PROCESS UNDER PARAGRAPH (A) OF THIS
SUBDIVISION, THE COMMISSIONER SHALL CONSIDER THE INFORMATION PROVIDED BY
THE APPLICANT IN THAT INITIAL PROCESS, TO THE EXTENT IT IS CURRENTLY
APPLICABLE, AND GIVE APPROPRIATE WEIGHT TO THE COMMISSIONER'S EVALUATION
OF THE APPLICANT IN THAT INITIAL PROCESS.
S 2. Subdivision 13 of section 3364 of the public health law, as added
by chapter 90 of the laws of 2014, is amended to read as follows:
13. EACH REGISTERED ORGANIZATION SHALL BE PERMITTED TO DIRECTLY
CONTACT PHYSICIANS LICENSED BY NEW YORK STATE AND PRACTICING WITHIN THE
STATE FOR THE PURPOSES OF EDUCATION AND PROVIDING INFORMATION ABOUT THIS
TITLE. ANY SUCH EDUCATION AND PROVISION OF INFORMATION SHALL NOT SATISFY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14875-02-6
A. 9747--A 2
THE REQUIREMENTS SET OUT IN PARAGRAPH (III) OF SUBDIVISION TWELVE OF
SECTION THIRTY-THREE HUNDRED SIXTY OF THIS TITLE. 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 market-
ing.
S 3. Section 3364 of the public health law is amended by adding a new
subdivision 14 to read as follows:
14. WHERE ANY REGULATION OR ACTION OF THE COMMISSIONER LIMITS OR REGU-
LATES THE MEDICAL MARIHUANA PRODUCTS (REFERRED TO IN THIS SUBDIVISION AS
"BRANDS") THAT A REGISTERED ORGANIZATION MAY PRODUCE OR DISPENSE, BASED
IN WHOLE OR IN PART ON THE ACTIVE OR INACTIVE INGREDIENTS OR CONCEN-
TRATIONS THEREOF, A REGISTERED ORGANIZATION MAY ALSO PRODUCE OR DISPENSE
BRANDS PARTICULARLY FORMULATED FOR TREATMENT OF INTRACTABLE EPILEPSY,
NOTWITHSTANDING ANY NUMERICAL LIMIT OR RESTRICTION ON SUCH BRANDS, BUT
OTHERWISE CONFORMING WITH THIS TITLE.
S 4. This act shall take effect immediately; provided however that the
amendments to sections 3365 and 3364 of the public health law made by
this act shall not affect the expiration and repeal of such sections and
shall expire and be deemed repealed therewith.