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Senate Bill S1087

2017-2018 Legislative Session

Relates to forms of marihuana authorized for medical use

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Archive: Last Bill Status - In Senate Committee Health Committee

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2017-S1087 (ACTIVE) - Details

See Assembly Version of this Bill:
A6009
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§3360 & 3362, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7251, A9517
2019-2020: S490, A1032
2021-2022: A1412

2017-S1087 (ACTIVE) - Summary

Relates to forms of marihuana authorized for medical use.

2017-S1087 (ACTIVE) - Sponsor Memo

2017-S1087 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1087
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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 forms of marihuana
   authorized for medical use
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivisions 1 and 8 of section 3360 of the public health
 law, as added by chapter 90 of the laws of 2014, are amended to read  as
 follows:
   1. "Certified medical use" means the acquisition, possession, use, or,
 transportation  of  medical  marihuana  by  a  certified patient, or the
 acquisition, possession, delivery, transportation or  administration  of
 medical  marihuana  by  a  designated  caregiver, for use as part of the
 treatment of the patient's serious condition, as authorized in a certif-
 ication under this title including  enabling  the  patient  to  tolerate
 treatment  for  the serious condition. [A certified medical use does not
 include smoking.]
   8. "Medical marihuana" means marihuana as defined in subdivision twen-
 ty-one of section thirty-three hundred two of this article, intended for
 a certified medical use[, as determined by the commissioner  in  his  or
 her  sole  discretion. Any form of medical marihuana not approved by the
 commissioner is expressly prohibited].
   § 2. Subdivision 2 of section 3362 of the public health law, as  added
 by chapter 90 of laws of 2014, is amended to read as follows:
   2. Notwithstanding subdivision one of this section:
   (a)  possession  of  medical  marihuana shall not be lawful under this
 title if it is smoked, consumed, vaporized, or grown in a public  place,
 regardless  of  the  form  of  medical marihuana stated in the patient's
 certification.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02158-01-7

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