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