Assembly Bill A531

2021-2022 Legislative Session

Relates to medical marihuana

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • 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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2021-A531 (ACTIVE) - Details

Law Section:
Public Health Law
Laws Affected:
Amd Pub Health L, generally
Versions Introduced in 2019-2020 Legislative Session:
A7467

2021-A531 (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

2021-A531 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    531
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. GOTTFRIED, PEOPLES-STOKES, LUPARDO, ABINANTI,
   ASHBY,   CARROLL,   CRUZ,   DICKENS,   ENGLEBRIGHT,   GLICK,   HEVESI,
   JEAN-PIERRE, HUNTER, M. MILLER, PAULIN, PICHARDO, REYES, L. ROSENTHAL,
   SIMON,  SAYEGH,  DARLING, FERNANDEZ, RAMOS, FAHY, BRONSON -- read once
   and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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