Senate Bill S5657A

2019-2020 Legislative Session

Relates to medical marihuana

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Finance Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2019-S5657 - Details

See Assembly Version of this Bill:
A7467
Current Committee:
Senate Finance
Law Section:
Public Health Law
Laws Affected:
Amd Pub Health L, generally
Versions Introduced in 2021-2022 Legislative Session:
A531

2019-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

2019-S5657 - Sponsor Memo

2019-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.
              

2019-S5657A - Details

See Assembly Version of this Bill:
A7467
Current Committee:
Senate Finance
Law Section:
Public Health Law
Laws Affected:
Amd Pub Health L, generally
Versions Introduced in 2021-2022 Legislative Session:
A531

2019-S5657A - 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

2019-S5657A - Sponsor Memo

2019-S5657A - 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
              

2019-S5657B (ACTIVE) - Details

See Assembly Version of this Bill:
A7467
Current Committee:
Senate Finance
Law Section:
Public Health Law
Laws Affected:
Amd Pub Health L, generally
Versions Introduced in 2021-2022 Legislative Session:
A531

2019-S5657B (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

2019-S5657B (ACTIVE) - Sponsor Memo

2019-S5657B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5657--B
 
                        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 -- recommitted to the Committee on Health in accord-
   ance with Senate Rule 6, sec. 8 -- 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. Legislative intent. The  compassionate  care  act  provides
 patients  with  necessary access to medical marihuana. While the program
 has provided relief  to  numerous  patients,  several  improvements  are
 necessary.   Specifically, the program has suffered from overly restric-
 tive requirements regarding market participation and product regulation.
 Currently, the program restricts access by only permitting  one  dispen-
 sary for every 500,000 New Yorkers - leaving both urban and rural commu-
 nities  drastically  underserved.  This  act  will  improve the existing
 program by providing  opportunities  for  social  equity  applicants  to
 participate  in the marketplace in a manner that more accurately repres-
 ents the demographics  of  the  state.  Social  equity  applicants  will
 include  applicants  from  communities  disproportionately  impacted  by
 cannabis law enforcement.  This act will also provide  necessary  flexi-
 bility  for market participants to offer products that are more accessi-
 ble and affordable to some  of  New  York's  most  vulnerable  citizens.
 Specifically, current restrictions on the sale of whole flower result in
 medical  products  that are cost-prohibitive to many. Moreover, this act
 will provide greater access to individuals who are unable to  enroll  in
 the  program  including those with Alzheimer's disease and who have been
 diagnosed with autism spectrum  disorder.  Much  like  the  addition  of
 chronic  pain as a qualifying condition, this will allow medical practi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11129-08-0
              

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