senate Bill S5657A

2019-2020 Legislative Session

Relates to medical marihuana

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Health Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 22, 2019 print number 5657a
May 22, 2019 amend and recommit to health
May 10, 2019 referred to health

S5657 - Details

See Assembly Version of this Bill:
A7467
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd Pub Health L, generally

S5657 - Summary

Provides that medical marihuana may be used as part of the treatment of a patient's condition and removes the "serious" designation of such condition; provides that a practitioner be authorized to prescribe controlled substances in the state and removes the requirement that a physician prescribe such medical marihuana; increases the supply amount of marihuana from thirty to sixty days; allows a designated caregiver facility or designated caregiver facility employee to possess, acquire, deliver, transfer, transport or administer medical marihuana (view more) requires the commissioner of health to establish a medical marihuana research license; establishes a medical marihuana research program; requires the registration of designated caregiver facilities; authorizes the commissioner of health to approve and permit one or more independent laboratories to test medical marihuana; increases the number of dispensing sites of a registered organization from four to eight; and makes related provisions.

S5657 - Sponsor Memo

S5657 - Bill Text download pdf


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

                                  5657

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 10, 2019
                               ___________

Introduced  by  Sen.  SAVINO -- 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 medical marihuana

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

  Section  1.  Subdivisions 1, 5, 7 and 12 of section 3360 of the public
health law, subdivisions 1, 5, 7 and 12 as added by chapter  90  of  the
laws  of  2014, paragraph (a) of subdivision 7 as amended by chapter 273
of the laws of 2018, are amended and three new subdivisions 5-a, 5-b and
19 are added 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
certification under this title including enabling the patient to  toler-
ate treatment for the [serious] condition. [A certified medical use does
not include smoking.]
  5.  "Designated  caregiver" means the individual OR CAREGIVER FACILITY
designated by a certified patient in a registry application. A certified
patient may designate up to two designated caregivers,  NOT  COUNTING  A
DESIGNATED CAREGIVER FACILITY OR DESIGNATED CAREGIVER FACILITY EMPLOYEE.
  5-A.  "DESIGNATED  CAREGIVER  FACILITY" MEANS AN ENTITY THAT REGISTERS
WITH THE COMMISSIONER TO ASSIST ONE OR MORE CERTIFIED PATIENTS WITH  THE
ACQUISITION,  POSSESSION,  DELIVERY, TRANSPORTATION OR ADMINISTRATION OF
MEDICAL MARIHUANA AND IS: A GENERAL HOSPITAL OR RESIDENTIAL HEALTH  CARE
FACILITY  OPERATING UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER; AN ADULT
CARE FACILITY OPERATING UNDER TITLE TWO OF ARTICLE SEVEN OF  THE  SOCIAL
SERVICES  LAW;  A  COMMUNITY  MENTAL  HEALTH RESIDENCE ESTABLISHED UNDER
SECTION 41.44 OF THE MENTAL HYGIENE  LAW;  A  HOSPITAL  OPERATING  UNDER
SECTION  7.17 OF THE MENTAL HYGIENE LAW; A MENTAL HYGIENE FACILITY OPER-

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

S5657A (ACTIVE) - Details

See Assembly Version of this Bill:
A7467
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd Pub Health L, generally

S5657A (ACTIVE) - Summary

Provides that medical marihuana may be used as part of the treatment of a patient's condition and removes the "serious" designation of such condition; provides that a practitioner be authorized to prescribe controlled substances in the state and removes the requirement that a physician prescribe such medical marihuana; increases the supply amount of marihuana from thirty to sixty days; allows a designated caregiver facility or designated caregiver facility employee to possess, acquire, deliver, transfer, transport or administer medical marihuana (view more) requires the commissioner of health to establish a medical marihuana research license; establishes a medical marihuana research program; requires the registration of designated caregiver facilities; authorizes the commissioner of health to approve and permit one or more independent laboratories to test medical marihuana; increases the number of dispensing sites of a registered organization from four to eight; and makes related provisions.

S5657A (ACTIVE) - Sponsor Memo

S5657A (ACTIVE) - Bill Text download pdf


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

                                 5657--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 10, 2019
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public health law, in relation to medical marihuana

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

  Section 1. Subdivisions 1, 5, 7 and 12 of section 3360 of  the  public
health  law,  subdivisions  1, 5, 7 and 12 as added by chapter 90 of the
laws of 2014, paragraph (a) of subdivision 7 as amended by  chapter  273
of the laws of 2018, are amended and three new subdivisions 5-a, 5-b and
19 are added 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
certification  under this title including enabling the patient to toler-
ate treatment for the [serious] condition. [A certified medical use does
not include smoking.]
  5. "Designated caregiver" means the individual OR  CAREGIVER  FACILITY
designated by a certified patient in a registry application. A certified
patient  may  designate  up to two designated caregivers, NOT COUNTING A
DESIGNATED CAREGIVER FACILITY OR DESIGNATED CAREGIVER FACILITY EMPLOYEE.
  5-A. "DESIGNATED CAREGIVER FACILITY" MEANS AN  ENTITY  THAT  REGISTERS
WITH  THE COMMISSIONER TO ASSIST ONE OR MORE CERTIFIED PATIENTS WITH THE
ACQUISITION, POSSESSION, DELIVERY, TRANSPORTATION OR  ADMINISTRATION  OF
MEDICAL  MARIHUANA AND IS: A GENERAL HOSPITAL OR RESIDENTIAL HEALTH CARE
FACILITY OPERATING UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER; AN  ADULT
CARE  FACILITY  OPERATING UNDER TITLE TWO OF ARTICLE SEVEN OF THE SOCIAL
SERVICES LAW; A COMMUNITY  MENTAL  HEALTH  RESIDENCE  ESTABLISHED  UNDER
SECTION  41.44  OF  THE  MENTAL  HYGIENE LAW; A HOSPITAL OPERATING UNDER
SECTION 7.17 OF THE MENTAL HYGIENE LAW; A MENTAL HYGIENE FACILITY  OPER-
ATING  UNDER  ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW; AN INPATIENT

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