The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    169
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. GOTTFRIED, LUPARDO, ABINANTI, DINOWITZ, L. ROSEN-
   THAL,  SIMON,  CAHILL,  BRONSON,  HEVESI,  SEAWRIGHT, WEPRIN, WOERNER,
   SAYEGH, TAYLOR, FERNANDEZ, DARLING -- Multi-Sponsored by -- M.  of  A.
   COOK, DeSTEFANO -- read once and referred to the Committee on Health

 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.
   (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-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00041-01-1

 A. 169                              2

 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.