Senate Bill S3282

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

                                  3282

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 4, 2015
                               ___________

Introduced  by  Sen.  LARKIN -- 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  an  emergency
  program  to  provide  cannabidiol  access to patients with epilepsy or
  other serious conditions

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

  Section  1.  Legislative  intent.  The  legislature  hereby  finds and
declares it necessary to  establish  an  emergency  program  to  provide
appropriate medical marihuana for certain persons with epilepsy or other
serious  conditions  before  the full medical marihuana program has been
established.  New Yorkers suffering from severe epilepsy or other  seri-
ous conditions cannot wait the year or more that it may take for medical
marihuana programs established by that legislation to be operational. In
particular,  these individuals need access to medical marihuana contain-
ing high amounts of the cannabinoid cannabidiol (CBD) as soon as  possi-
ble, so that they are not forced to seek treatment out-of-state at great
personal expense.
  S  2.  The public health law is amended by adding a new section 3369-f
to read as follows:
  S 3369-F. EMERGENCY CANNABIDIOL (CBD) ACCESS PROGRAM. 1.  THE  COMMIS-
SIONER SHALL ESTABLISH AN EMERGENCY CANNABIDIOL (CBD) ACCESS PROGRAM AND
PROMULGATE ANY REGULATIONS NEEDED TO ESTABLISH THE PROGRAM WITHIN THIRTY
DAYS  OF  THE  EFFECTIVE  DATE OF THIS SECTION. THE EMERGENCY CBD ACCESS
PROGRAM SHALL BE TASKED WITH PROVIDING PERSONS WITH  EPILEPSY  OR  OTHER
SERIOUS CONDITIONS DEFINED UNDER THIS TITLE AS DETERMINED BY THE COMMIS-
SIONER ACCESS TO MEDICAL MARIHUANA CONTAINING A HIGH AMOUNT OF CBD AND A
LOW AMOUNT OF TETRAHYDROCANNABINOL (THC). THE REGULATIONS PROMULGATED BY
THE COMMISSIONER SHALL ESTABLISH, BUT ARE NOT LIMITED TO ESTABLISHING:
  (A)  THE  ALLOWABLE LEVELS OF CBD AND THC THAT MAY BE CONTAINED WITHIN
THE MEDICAL MARIHUANA DISTRIBUTED UNDER THE PROGRAM;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06661-02-5
              

S. 3282                             2

  (B) THE SPECIFIC FORMS OF MEDICAL MARIHUANA THAT ARE TO BE DISTRIBUTED
UNDER THE EMERGENCY PROGRAM,  PROVIDED  THAT  THE  PRODUCTS  DISTRIBUTED
UNDER THE AUSPICES OF THE PROGRAM SHALL CONFORM TO THE LIMITS ON MEDICAL
MARIHUANA PRODUCTS ESTABLISHED IN THIS TITLE; AND
  (C) A TEMPORARY PATIENT CERTIFICATION PROCESS FOR PERSONS WITH EPILEP-
SY OR OTHER SERIOUS CONDITIONS DEFINED UNDER THIS TITLE AS DETERMINED BY
THE COMMISSIONER AND THEIR CAREGIVERS WHO WISH TO POSSESS AND ADMINISTER
MEDICAL  MARIHUANA,  INCLUDING  STANDARDS  FOR THE MEDICAL DOCUMENTATION
THAT MUST BE PRESENTED TO RECEIVE A TEMPORARY MEDICAL MARIHUANA PERMIT.
  2. ANY RULES ESTABLISHED BY  THE  COMMISSIONER  GOVERNING  THE  LAWFUL
POSSESSION  AND  USE  OF MEDICAL MARIHUANA BY A PATIENT WITH EPILEPSY OR
OTHER SERIOUS CONDITIONS DEFINED UNDER THIS TITLE AS DETERMINED  BY  THE
COMMISSIONER  OR  THEIR  CAREGIVER UNDER THIS PROGRAM SHALL CONFORM WITH
THOSE ESTABLISHED IN THIS TITLE.
  3. WITHIN NINETY DAYS OF THE  EFFECTIVE  DATE  OF  THIS  SECTION,  THE
COMMISSIONER  SHALL  CONTRACT  WITH ONE OR MORE REGISTERED ORGANIZATIONS
FOR THE  PURPOSES  OF  ACQUIRING,  POSSESSING,  MANUFACTURING,  SELLING,
DELIVERING,  TRANSPORTING,  DISTRIBUTING OR DISPENSING MEDICAL MARIHUANA
PRODUCTS FOR USE BY PATIENTS WITH A TEMPORARY MEDICAL MARIHUANA  PERMIT.
THE COMMISSIONER SHALL HAVE THE ABILITY TO WAIVE ANY OF THE REQUIREMENTS
FOR  REGISTERED ORGANIZATIONS ESTABLISHED IN THIS TITLE FOR THE PURPOSES
OF PROVIDING MEDICAL MARIHUANA ON AN EMERGENCY BASIS UNDER THIS PROGRAM.
  S 3. This act shall take effect immediately and shall  expire  and  be
deemed repealed upon the commissioner of health's certification that the
medical  marihuana  products  being made available on an emergency basis
through this program are available through the medical marihuana program
established by chapter 90  of  the  laws  of  2014,  or  its  successor;
provided  that  the  commissioner of health shall notify the legislative
bill drafting commission of such certification.