S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6528
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2017
                                ___________
 
 Introduced  by  Sen.  JACOBS -- 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 access  to  feder-
   ally approved cannabidiol medications
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The legislature  finds  and  declares
 that both children and adults with epilepsy are in desperate need of new
 treatment  options, and cannabidiol (CBD) is showing potential as one of
 these treatments. If a cannabidiol medication is approved  by  the  Food
 and Drug Administration and rescheduled by the Drug Enforcement Adminis-
 tration, patients should have rapid access to such an option. The avail-
 ability  of  such  a new prescription medication is intended to augment,
 not to restrict or otherwise amend, other cannabinoid treatment  modali-
 ties currently available under state law.
   §  2.  The public health law is amended by adding a new section 3309-b
 to read as follows:
   § 3309-B. FEDERAL APPROVAL OF CANNABIDIOL INVESTIGATIONAL PRODUCTS. 1.
 IF A CANNABIDIOL (CBD)  INVESTIGATIONAL  PRODUCT  NEWLY  APPROVED  AS  A
 PRESCRIPTION  MEDICATION  PURSUANT  TO 21 U.S.C. § 360BB AND 21 U.S.C. §
 355 IS CONTROLLED OR DECONTROLLED UNDER A  FEDERAL  INTERIM  FINAL  RULE
 ISSUED  PURSUANT  TO 21 U.S.C. § 811(J), SIMILAR CONTROL OR DECONTROL OF
 THE PRODUCT UNDER THIS SECTION SHALL BECOME EFFECTIVE  UNDER  STATE  LAW
 WITHIN THIRTY DAYS OF THE DATE OF PUBLICATION IN THE FEDERAL REGISTER OF
 THE INTERIM FINAL RULE.
   2.  WHEN A FEDERAL FINAL RULE IS ISSUED PURSUANT TO 21 U.S.C. § 811(J)
 AFTER INTERESTED PERSONS HAD AN OPPORTUNITY  TO  COMMENT  ON  A  FEDERAL
 INTERIM  FINAL  RULE, CHANGES NECESSARY TO CONFORM THE CONTROL OR DECON-
 TROL OF A CANNABIDIOL (CBD) INVESTIGATIONAL  PRODUCT  UNDER  SUBDIVISION
 ONE  OF  THIS  SECTION  TO THE FEDERAL FINAL RULE SHALL BECOME EFFECTIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10755-02-7
              

 S. 6528                             2
 
 WITHIN THIRTY DAYS OF THE DATE OF THE PUBLICATION IN THE FEDERAL  REGIS-
 TER OF THE FEDERAL FINAL RULE.
   3. CONTROL OR DECONTROL UNDER THIS SECTION IN CONFORMANCE WITH FEDERAL
 LAW MAY BE ALTERED BY STATE STATUTE OR BY AN EMERGENCY OR TEMPORARY RULE
 ISSUED  BY  THE  COMMISSIONER  TO  ADDRESS AN IMMEDIATE DANGER TO PUBLIC
 HEALTH, SAFETY OR WELFARE.
   4. NOTHING IN THIS SECTION SHALL RESTRICT OR OTHERWISE  AFFECT  ACCESS
 TO MEDICAL MARIHUANA THAT IS AUTHORIZED UNDER TITLE FIVE-A OF THIS ARTI-
 CLE.
   5.  NOTHING  IN  TITLE  FIVE-A OF THIS ARTICLE OR ARTICLES ONE HUNDRED
 SEVENTY-NINE, TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-ONE OF THE PENAL
 LAW SHALL RESTRICT OR OTHERWISE AFFECT THE DISTRIBUTION, SALE, PRESCRIB-
 ING AND DISPENSING OF A PRODUCT THAT HAS BEEN APPROVED FOR MARKETING  AS
 A PRESCRIPTION MEDICATION BY THE FOOD AND DRUG ADMINISTRATION.
   § 3. This act shall take effect immediately.