The New York State Senate

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

                                 1125--A
                                                        Cal. No. 100

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2019
                               ___________

Introduced by M. of A. GOTTFRIED, LUPARDO, ABINANTI, DINOWITZ, L. ROSEN-
  THAL,  ORTIZ,  SIMON, CAHILL, BRONSON, D'URSO, HEVESI, LIFTON, JAFFEE,
  SEAWRIGHT, WEPRIN, WOERNER, SAYEGH -- Multi-Sponsored by -- M.  of  A.
  COOK,  CRESPO,  DeSTEFANO,  LENTOL  --  read  once and referred to the
  Committee on Health -- reported and referred to the Committee on Codes
  -- 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 the definition of
  a serious condition regarding the medical use of marihuana

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

  Section  1. Subdivision 7 of section 3360 of the public health law, as
added by chapter 90 of the laws of 2014 and paragraph (a) as amended  by
chapter 273 of the laws of 2018, is amended to read as follows:
  7. [(a)] "Serious condition" means[:
  (i)  having one of the following severe debilitating or life-threaten-
ing conditions: cancer, positive status for human immunodeficiency virus
or acquired immune deficiency syndrome, amyotrophic  lateral  sclerosis,
Parkinson's disease, multiple sclerosis, damage to the nervous tissue of
the  spinal  cord  with objective neurological indication of intractable
spasticity,  epilepsy,   inflammatory   bowel   disease,   neuropathies,
Huntington's disease, post-traumatic stress disorder, pain that degrades
health  and  functional capability where the use of medical marihuana is
an alternative to opioid use, substance use disorder, or as added by the
commissioner; and
  (ii) any of the following conditions where it is clinically associated
with, or a complication of, a condition  under  this  paragraph  or  its
treatment:  cachexia or wasting syndrome; severe or chronic pain; severe
nausea; seizures; severe or persistent muscle spasms; or such conditions
as are added by the commissioner.

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

                                                           LBD03945-02-9

A. 1125--A                          2

  (b) No later than eighteen months from  the  effective  date  of  this
section,  the  commissioner shall determine whether to add the following
serious conditions: Alzheimer's,  muscular  dystrophy,  dystonia,  post-
traumatic  stress  disorder  and  rheumatoid  arthritis] A CONDITION, OR
SYMPTOM OR COMPLICATION OF THE CONDITION OR ITS TREATMENT, FOR WHICH, IN
THE  PRACTITIONER'S  PROFESSIONAL OPINION AND REVIEW OF PAST TREATMENTS,
THE PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT  FROM
PRIMARY OR ADJUNCTIVE TREATMENT WITH MEDICAL USE OF MEDICAL MARIHUANA.
  §  2.  This  act shall take effect immediately, provided however, that
the amendments to title 5-A of article 33 of the public health law  made
by section one of this act shall not affect the expiration and repeal of
such title and shall expire and be deemed repealed therewith.