S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7826
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 15, 2023
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the cannabis law, in relation to medical  use  cannabis;
   to  amend  chapter  90  of the laws of 2014 amending the public health
   law, the tax law, the state finance law, the general business law, the
   penal law and the criminal procedure law relating to  medical  use  of
   marihuana,  in  relation  to  the effectiveness thereof; and to repeal
   article 33-A of the public  health  law  relating  to  the  controlled
   substances therapeutic research act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 44 and 45 of section 3 of the cannabis law are
 amended to read as follows:
   44. ["Registry application" means an  application  properly  completed
 and  filed  with the board by a certified patient under article three of
 this chapter.
   45. "Registry identification card"] "REGISTRATION" means  [a  document
 that  identifies]  IDENTIFYING  INFORMATION  OF  a  certified patient or
 designated caregiver THAT IS ELECTRONICALLY FILED BY A PRACTITIONER  AND
 CONFIRMED BY A REGISTERED ORGANIZATION OR DESIGNATED CAREGIVER FACILITY,
 as  provided  under this chapter AND AS DETERMINED BY THE BOARD IN REGU-
 LATION.
   45. "REGISTRY APPLICATION" MEANS AN APPLICATION PROPERLY COMPLETED AND
 FILED WITH THE OFFICE BY A DESIGNATED CAREGIVER UNDER ARTICLE  THREE  OF
 THIS CHAPTER.
   §  2. Subdivisions 4, 5, 6, 7, 8, 9 and 10 of section 30 of the canna-
 bis law are amended to read as follows:
   4. [Every  practitioner  shall  consult  the  prescription  monitoring
 program  registry  prior  to  making or issuing a certification, for the
 purpose of reviewing  a  patient's  controlled  substance  history.  For
 purposes  of  this  section,  a practitioner may authorize a designee to

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11690-02-3
              

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 consult the prescription monitoring  program  registry  on  his  or  her
 behalf,  provided  that  such  designation is in accordance with section
 thirty-three hundred forty-three-a of the public health law.
   5.]  The  practitioner  shall  give the certification to the certified
 patient OR THE CERTIFIED PATIENT'S DESIGNATED  CAREGIVER,  and  place  a
 copy  in  the  patient's  health  care  record. SUCH CERTIFICATION SHALL
 INCLUDE INFORMATION SUFFICIENT FOR A REGISTERED ORGANIZATION TO  CONFIRM
 THAT THE CERTIFICATION IS VALID IN ACCORDANCE WITH SECTION THIRTY-TWO OF
 THIS  ARTICLE  AND  AS  DETERMINED BY THE BOARD IN REGULATION. THE BOARD
 MAY, BY RULES AND REGULATIONS,  ESTABLISH  A  CODE,  INCLUDING  BUT  NOT
 LIMITED  TO QUICK RESPONSE (QR) CODE, FOR EACH PRACTITIONER TO PROVIDE A
 CERTIFIED PATIENT OR THEIR DESIGNATED CAREGIVER WITH, TO  PRESENT  TO  A
 REGISTERED  ORGANIZATION  TO OBTAIN MEDICAL CANNABIS OR MEDICAL CANNABIS
 PRODUCTS FROM A REGISTERED ORGANIZATION.
   [6.] 5. No practitioner shall issue a certification under this section
 for themselves.
   [7.] 6. A [registry identification  card  based  on  a]  certification
 shall  expire  [one  year] TWO YEARS after the date the certification is
 signed by the  practitioner,  except  as  provided  for  in  subdivision
 [eight] SEVEN of this section.
   [8.]  7.  (a) If the practitioner states in the certification that, in
 the practitioner's professional opinion, the patient would benefit  from
 medical cannabis only until a specified earlier date, then the [registry
 identification card] CERTIFICATION shall expire on that date; (b) if the
 practitioner  states  in  the  certification  that in the practitioner's
 professional opinion the patient is terminally ill and that the  certif-
 ication  shall  not  expire  until  the patient dies, then the [registry
 identification card] CERTIFICATION shall  [state]  INCLUDE  A  STATEMENT
 that  the  patient  is  terminally  ill and that the [registration card]
 CERTIFICATION shall not expire until the patient dies; (c) if the  prac-
 titioner  re-issues  the certification to terminate the certification on
 an earlier date, then the [registry identification  card]  CERTIFICATION
 shall  expire  on  that  date  and SUCH PRACTITIONER shall [be] promptly
 [destroyed by the certified patient] CANCEL THE PATIENT'S CERTIFICATION;
 (d) if the certification so provides, the [registry identification card]
 CERTIFICATION shall state any recommendation or limitation by the  prac-
 titioner  as  to the form or forms of medical cannabis or dosage for the
 certified patient; [and] (e) A PRACTITIONER MAY  EXTEND  THE  EXPIRATION
 DATE  OF A CERTIFICATION PRIOR TO THE CERTIFICATION'S EXPIRATION; (F) IN
 THE CASE WHERE A CERTIFICATION HAS EXPIRED AND THE  PRACTITIONER  DETER-
 MINES  THAT THE PATIENT WOULD BENEFIT FROM MEDICAL CANNABIS, THE CERTIF-
 ICATION MUST BE RE-ISSUED; AND (G) the board shall make  regulations  to
 implement this subdivision.
   [9. (a) A certification may be a special certification if, in addition
 to  the  other requirements for a certification, the practitioner certi-
 fies in the certification that the patient's  condition  is  progressive
 and degenerative or that delay in the patient's certified medical use of
 cannabis poses a risk to the patient's life or health.
   (b)  The office shall create the form to be used for a special certif-
 ication and shall make that form available to  be  downloaded  from  the
 office's website.
   10.]   8.  Prior  to  issuing  a  certification  a  practitioner  must
 complete[, at a minimum, a  two-hour  course]  APPROPRIATE  TRAINING  as
 determined  by the board in regulation. For the purposes of this article
 a person's status as a practitioner is deemed to be a "license" for  the
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 purposes of section thirty-three hundred ninety of the public health law
 and shall be subject to the same revocation process.
   §  3.  Subdivisions  1  and  2  of  section 31 of the cannabis law are
 amended to read as follows:
   1. the cannabis OR CONCENTRATED CANNABIS that may be  possessed  by  a
 certified  patient shall not exceed THE QUANTITIES AUTHORIZED IN SECTION
 222.05 OF THE PENAL LAW OR a sixty-day supply [of the dosage  determined
 by the practitioner], WHICHEVER IS GREATER, consistent with any guidance
 and  regulations  issued  by  the  board[, provided that during the last
 seven days of any sixty-day  period,  the  certified  patient  may  also
 possess up to such amount for the next sixty-day period];
   2.  the  cannabis  OR CONCENTRATED CANNABIS that may be possessed by A
 designated [caregivers does] CAREGIVER SHALL not exceed  the  quantities
 [referred  to  in  subdivision  one  of  this section for each certified
 patient for whom the caregiver possesses a valid registry identification
 card, up to four certified patients] AUTHORIZED IN SECTION 222.05 OF THE
 PENAL LAW OR A SIXTY-DAY SUPPLY FOR THE CERTIFIED PATIENT, WHICHEVER  IS
 GREATER;
   § 4. Section 32 of the cannabis law is amended to read as follows:
   §  32.  [Registry  identification  cards]  VALIDATING MEDICAL CANNABIS
 CERTIFICATIONS. 1. [Upon approval of the] WHEN PRESENTED WITH A  certif-
 ication FROM A PRACTITIONER, [the office] REGISTERED ORGANIZATIONS shall
 [issue  registry  identification  cards  for] CONFIRM CERTIFICATIONS AND
 GOVERNMENT-ISSUED PHOTO IDENTIFICATIONS, PURSUANT TO SUBDIVISION FOUR OF
 SECTION THIRTY OF THIS ARTICLE, OF  certified  patients  and  designated
 caregivers  UPON  THE  PRODUCTION OF SUCH DOCUMENTATION BY THE CERTIFIED
 PATIENT  OR  DESIGNATED  CAREGIVER  AS  DETERMINED  BY  THE   BOARD   IN
 REGULATION.  [A registry identification card shall expire as provided in
 this article or as otherwise provided in this section. The office  shall
 begin issuing registry identification cards as soon as practicable after
 the  certifications required by this chapter are granted. The office may
 specify a form for a registry application,  in  which  case  the  office
 shall  provide  the  form  on  request, reproductions of the form may be
 used, and the form shall be available for downloading from  the  board's
 or office's website.]
   2. [To obtain, amend or renew a registry identification card, a certi-
 fied  patient  or designated caregiver shall file a registry application
 with the office, unless otherwise exempted by the board  in  regulation.
 The registry application or renewal application shall include:
   (a) in the case of a certified patient:
   (i)  the patient's certification, a new written certification shall be
 provided with a renewal application if required by the office;
   (ii) the name, address, and date of birth of the patient;
   (iii) the date of the certification;
   (iv) if the patient has a registry  identification  card  based  on  a
 current  valid  certification,  the  registry  identification number and
 expiration date of that registry identification card;
   (v) the specified date until which  the  patient  would  benefit  from
 medical cannabis, if the certification states such a date;
   (vi) the name, address, and telephone number of the certifying practi-
 tioner;
   (vii)  any  recommendation or limitation by the practitioner as to the
 form or forms of medical cannabis or dosage for the certified patient;
   (viii) if the certified patient designates a designated caregiver, the
 name, address, and date of birth of the designated caregiver, and  other
 individual identifying information required by the board;
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   (ix) if the designated caregiver is a cannabis research license holder
 under  this  chapter,  the  name  of  the  organization  conducting  the
 research, the address, phone number, name of the individual leading  the
 research  or  appropriate  designee,  and  other identifying information
 required by the board; and
   (x) other individual identifying information required by the office;
   (b) in the case of a designated caregiver:
   (i) the name, address, and date of birth of the designated caregiver;
   (ii)  if  the designated caregiver has a registry identification card,
 the registry identification number and expiration date of that  registry
 identification card; and
   (iii) other individual identifying information required by the office;
   (c)  a  statement  that  a  false statement made in the application is
 punishable under section 210.45 of the penal law;
   (d) the date of the application and the  signature  of  the  certified
 patient or designated caregiver, as the case may be;
   (e) any other requirements determined by the board.] REGISTERED ORGAN-
 IZATIONS  SHALL VALIDATE PATIENT CERTIFICATIONS AND DESIGNATED CAREGIVER
 REGISTRATIONS IN A MANNER DETERMINED BY  THE  OFFICE.    THE  AUTHORIZED
 REPRESENTATIVE  OF A REGISTERED ORGANIZATION SHALL DESIGNATE AND AUTHOR-
 IZE SPECIFIC EMPLOYEES TO CONDUCT THE VALIDATION.
   (A) WHEN DISPENSING MEDICAL CANNABIS, AUTHORIZED REGISTERED  ORGANIZA-
 TION  EMPLOYEES  SHALL  NOT DISPENSE ANY MEDICAL CANNABIS TO A CERTIFIED
 PATIENT OR A DESIGNATED CAREGIVER UNLESS THE CERTIFIED PATIENT OR DESIG-
 NATED CAREGIVER  PRESENTS  TO  THE  AUTHORIZED  REGISTERED  ORGANIZATION
 EMPLOYEE  A  VALID CERTIFICATION FROM A PRACTITIONER AND A VALID GOVERN-
 MENT-ISSUED PHOTO IDENTIFICATION, WHICH THE AUTHORIZED REGISTERED ORGAN-
 IZATION EMPLOYEE SHALL USE TO VALIDATE  THAT  SUCH  PERSON  IS  EIGHTEEN
 YEARS  OF  AGE  OR  OLDER  AND  CAPABLE  OF CONSENT AS DOCUMENTED ON THE
 CERTIFICATION, PROVIDED THAT SUCH VALID  GOVERNMENT-ISSUED  PHOTO  IDEN-
 TIFICATION  IS  ISSUED  BY  THE  COMMISSIONER OF MOTOR VEHICLES, A LOCAL
 GOVERNMENT AGENCY WITHIN THE STATE, THE FEDERAL GOVERNMENT,  ANY  UNITED
 STATES  TERRITORY, COMMONWEALTH OR POSSESSION, THE DISTRICT OF COLUMBIA,
 A STATE GOVERNMENT WITHIN THE UNITED STATES,  OR  IS  A  VALID  PASSPORT
 ISSUED  BY  THE  UNITED STATES GOVERNMENT OR ANY OTHER COUNTRY, OR IS AN
 IDENTIFICATION CARD ISSUED BY THE ARMED FORCES OF THE UNITED STATES.
   (B) THE AUTHORIZED REPRESENTATIVE OF THE REGISTERED ORGANIZATION SHALL
 PROMPTLY NOTIFY THE OFFICE  IF  AT  ANY  TIME  ANY  UNAUTHORIZED  PERSON
 ACCESSES PATIENT CERTIFICATION OR DESIGNATED CAREGIVER DATA, IF THERE IS
 EVIDENCE OF TAMPERING OR FRAUD, OR ANY OTHER CIRCUMSTANCES AS DETERMINED
 BY THE BOARD IN REGULATION.
   2-A. A CERTIFIED PATIENT MAY DESIGNATE A CAREGIVER. THE DESIGNATION OF
 THE  CAREGIVER  AND REGISTRATION OF THE CAREGIVER SHALL BE DETERMINED BY
 THE BOARD IN REGULATION. THE DESIGNATED CAREGIVER APPLICATION OR RENEWAL
 APPLICATION SHALL INCLUDE:
   (A) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIGNATED  CAREGIVER,
 AND OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE BOARD;
   (B)  THE  NAME AND DATE OF BIRTH FOR EACH CERTIFIED PATIENT THE DESIG-
 NATED CAREGIVER IS DESIGNATED TO CARE FOR;
   (C) IF THE DESIGNATED CAREGIVER IS A CANNABIS RESEARCH LICENSE  HOLDER
 UNDER  THIS  CHAPTER,  THE  NAME  OF  THE  ORGANIZATION  CONDUCTING  THE
 RESEARCH, THE ADDRESS, PHONE NUMBER, NAME OF THE INDIVIDUAL LEADING  THE
 RESEARCH  OR  APPROPRIATE  DESIGNEE,  AND  OTHER IDENTIFYING INFORMATION
 REQUIRED BY THE BOARD;
   (D) A STATEMENT THAT A FALSE STATEMENT  MADE  IN  THE  APPLICATION  IS
 PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW;
 A. 7826                             5
 
   (E)  THE DATE OF THE APPLICATION AND THE SIGNATURE, WHICH MAY BE ELEC-
 TRONIC, OF THE DESIGNATED CAREGIVER; AND
   (F)  UPON APPROVAL OF THE DESIGNATED CAREGIVER APPLICATION, THE OFFICE
 SHALL PROVIDE THE DESIGNATED CAREGIVER WITH A CODE,  INCLUDING  BUT  NOT
 LIMITED  TO  A  QUICK  RESPONSE (QR) CODE, THAT THE DESIGNATED CAREGIVER
 MUST PRESENT TO  THE  REGISTERED  ORGANIZATION  WHEN  OBTAINING  MEDICAL
 CANNABIS PRODUCT OR PRODUCTS.
   3. Where a certified patient is under the age of eighteen or otherwise
 incapable of consent:
   (a)  The [application for a registry identification card shall be made
 by] CERTIFYING PRACTITIONER MUST OBTAIN CONSENT FROM the person [respon-
 sible for making] LEGALLY AUTHORIZED TO MAKE health care decisions [for]
 ON BEHALF OF the patient FOR THE USE  OF  MEDICAL  CANNABIS  PRODUCT  OR
 PRODUCTS AND ANY DEVICE USED FOR ITS ADMINISTRATION.
   (b)  AT LEAST ONE DESIGNATED CAREGIVER IS REQUIRED TO BE PROVIDED UPON
 CERTIFICATION OF THE PATIENT. The designated caregiver shall be:  (i)  a
 parent  or legal guardian of the certified patient; (ii) a person desig-
 nated by a parent or legal guardian; (iii) an employee of  a  designated
 caregiver  facility,  including  a  cannabis research license holder; or
 (iv) an appropriate person approved by  the  office  upon  a  sufficient
 showing that no parent or legal guardian is appropriate or available.
   4.  No  person  may  be  a designated caregiver if the person is under
 [twenty-one] EIGHTEEN years of age unless a sufficient showing  is  made
 to  the  office that the person should be permitted to serve as a desig-
 nated caregiver. The requirements for such a showing shall be determined
 by the board.
   5. No person may be a designated caregiver for more than  four  certi-
 fied patients at one time; provided, however, that this limitation shall
 not  apply  to  a  designated  caregiver  facility, or cannabis research
 license holder as defined by this chapter.
   6. If a certified patient wishes to change or terminate [his  or  her]
 THEIR  designated  caregiver, for whatever reason, the certified patient
 shall notify the office as soon as practicable. The office shall issue a
 notification IN A MANNER DETERMINED BY  THE  OFFICE  to  the  designated
 caregiver  that their registration [card] is invalid and [must be] SHALL
 promptly [destroyed] REMOVE  SUCH  DESIGNATED  CAREGIVER'S  REGISTRATION
 FROM  THE  REGISTRY. The newly designated caregiver must comply with all
 requirements set forth in this section.
   7. [If the certification so provides, the registry identification card
 shall contain any recommendation or limitation by the practitioner as to
 the form or forms of  medical  cannabis  or  dosage  for  the  certified
 patient.
   8.  The  office shall issue separate registry identification cards for
 certified patients and designated caregivers as soon as reasonably prac-
 ticable after receiving  a  complete  application  under  this  section,
 unless  it  determines  that  the application is incomplete or factually
 inaccurate, in which case it shall promptly notify the applicant.
   9. If the application of a certified patient designates an  individual
 as a designated caregiver who is not authorized to be a designated care-
 giver, that portion of the application shall be denied by the office but
 that shall not affect the approval of the balance of the application.
   10. A registry identification card shall:
   (a)  contain the name of the certified patient or the designated care-
 giver as the case may be;
   (b) contain the date of issuance and expiration date of  the  registry
 identification card;
 A. 7826                             6

   (c) contain a registry identification number for the certified patient
 or  designated  caregiver, as the case may be and a registry identifica-
 tion number;
   (d)  contain a photograph of the individual to whom the registry iden-
 tification card is being issued, which shall be obtained by  the  office
 in  a  manner  specified by the board in regulations; provided, however,
 that if the office requires certified patients to submit photographs for
 this purpose, there shall be a  reasonable  accommodation  of  certified
 patients who are confined to their homes due to their medical conditions
 and may therefore have difficulty procuring photographs;
   (e) be a secure document as determined by the board;
   (f) plainly state any recommendation or limitation by the practitioner
 as  to the form or forms of medical cannabis or dosage for the certified
 patient; and
   (g) any other requirements determined by the board.
   11.] A certified patient [or designated caregiver who has been  issued
 a  registry identification card shall notify the office of any change in
 his or her name or address or, with respect to the patient, if he or she
 ceases to have the condition noted on the certification within ten  days
 of such change. The certified patient's or designated caregiver's regis-
 try  identification  card  shall be deemed invalid and shall be promptly
 destroyed] SHALL NOTIFY THEIR PRACTITIONER OF ANY CHANGE IN  THEIR  NAME
 OR  ADDRESS  AND THE PRACTITIONER SHALL UPDATE THE CERTIFICATION ACCORD-
 INGLY.
   [12. If a certified patient or designated caregiver loses his  or  her
 registry  identification  card, he or she shall notify the office within
 ten days of losing the card. The office shall issue a new registry iden-
 tification card as soon as practicable, which may contain a new registry
 identification number, to the certified patient or designated caregiver,
 as the case may be.
   13. The office shall maintain a confidential list of  the  persons  to
 whom it has issued registry identification cards. Individual identifying
 information obtained by the office under this article shall be confiden-
 tial and exempt from disclosure under article six of the public officers
 law.
   14.  The  board shall verify to law enforcement personnel in an appro-
 priate case whether a registry identification  card  is  valid  and  any
 other  relevant  information  necessary  to  protect patients' rights to
 medical cannabis by confirming compliance with this article.
   15.] 8. A DESIGNATED CAREGIVER WHO  HAS  BEEN  ISSUED  A  REGISTRATION
 SHALL  NOTIFY  THE  OFFICE  OF  ANY CHANGE IN THEIR NAME OR ADDRESS IN A
 MANNER DETERMINED BY THE OFFICE.
   9. If a certified patient or designated caregiver  willfully  violates
 any  provision  of this article as determined by the board, [his or her]
 THEIR certification, and [registry identification card] IN THE  CASE  OF
 THE  DESIGNATED  CAREGIVER,  THEIR  REGISTRATION  may  be  suspended  or
 revoked. This [is] MAY BE in addition to any other  penalty  that  [may]
 WOULD apply.
   [16.  The  board  shall  make  regulations for special certifications,
 which shall include expedited  procedures  and  which  may  require  the
 applicant  to  submit additional documentation establishing the clinical
 basis for the special certification. If the board  has  not  established
 and made available a form for a registry application or renewal applica-
 tion,  then  in the case of a special certification, a registry applica-
 tion or renewal application that otherwise conforms  with  the  require-
 ments of this section shall not require the use of a form.]
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   10.  THE  MAINTENANCE  AND  ACCESS  OF  RECORDS  PERTAINING TO CERTIF-
 ICATIONS, REGISTRATIONS, CERTIFIED PATIENTS  AND  DESIGNATED  CAREGIVERS
 SHALL BE IN COMPLIANCE WITH THE FEDERAL HEALTH INSURANCE PORTABILITY AND
 ACCOUNTABILITY  ACT  OF  1996,  AND WITH ALL PRIVACY AND CONFIDENTIALITY
 PROTECTIONS  AFFORDED TO INDIVIDUALS UNDER THE LAW. INFORMATION OBTAINED
 BY THE OFFICE UNDER THIS ARTICLE SHALL BE CONFIDENTIAL AND  EXEMPT  FROM
 DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   11.  ANY  PRACTITIONER OR REGISTERED ORGANIZATION AUTHORIZED REPRESEN-
 TATIVE OR EMPLOYEE WHO IS  FOUND  TO  HAVE  KNOWINGLY  AND  FRAUDULENTLY
 MANIPULATED  CERTIFIED  PATIENT  OR DESIGNATED CAREGIVER INFORMATION, OR
 WHOSE KNOWING AND NEGLIGENT BEHAVIOR OR KNOWING ACTIONS DIRECTLY RELATED
 TO THEIR DUTIES PURSUANT TO THIS SECTION RESULTS IN A SERIOUS THREAT  TO
 THE HEALTH AND SAFETY OF A CERTIFIED PATIENT OR PATIENTS, IS GUILTY OF A
 CLASS  A  MISDEMEANOR.  IN  THE CASE THAT THIS MISDEMEANOR COMPLAINT HAS
 BEEN FILED AGAINST A PRACTITIONER, THE BOARD OR OFFICE MAY  ADDITIONALLY
 REFER  ANY RELEVANT INTERNAL FINDINGS TO THE DEPARTMENT OF HEALTH OR THE
 STATE  EDUCATION  DEPARTMENT  IF  THE  BOARD  OR  OFFICE  CONCLUDES  THE
 VIOLATION MAY WARRANT PROFESSIONAL DISCIPLINARY INTERVENTION.
   §  5. The cannabis law is amended by adding a new section 32-a to read
 as follows:
   § 32-A. MEDICAL  CANNABIS  PATIENT  RECIPROCITY.  1.  SUBJECT  TO  THE
 PROVISIONS  OF  THIS  ARTICLE AND THE RULES AND REGULATIONS OF THE BOARD
 PROMULGATED THEREUNDER, MEDICAL  CANNABIS  PATIENTS  FROM  OTHER  STATES
 WITHIN  THE  UNITED  STATES, UNITED STATES TERRITORIES, COMMONWEALTHS OR
 POSSESSIONS, OR THE  DISTRICT  OF  COLUMBIA  ARE  AUTHORIZED  TO  OBTAIN
 MEDICAL  CANNABIS  OR MEDICAL CANNABIS PRODUCTS FROM A REGISTERED ORGAN-
 IZATION, PROVIDED SUCH PATIENT IS  DEEMED  A  CERTIFIED  PATIENT  OR  IS
 REGISTERED  AS  A MEDICAL CANNABIS PATIENT IN THEIR HOME STATE OR JURIS-
 DICTION AND PRESENTS PROOF OF SUCH CERTIFICATION OR REGISTRATION  AND  A
 VALID  GOVERNMENT-ISSUED  PHOTO IDENTIFICATION TO A REGISTERED ORGANIZA-
 TION. SUCH REGISTERED ORGANIZATION SHALL THEN VALIDATE SUCH PATIENT  AND
 DISPENSE  MEDICAL  CANNABIS PURSUANT TO THE PROCEDURES DETERMINED BY THE
 BOARD IN REGULATION.
   2. MEDICAL CANNABIS PATIENTS FROM OTHER STATES OR JURISDICTIONS OF THE
 UNITED STATES WHO OBTAIN MEDICAL CANNABIS FROM A REGISTERED ORGANIZATION
 IN THIS STATE PURSUANT TO SUBDIVISION ONE OF THIS SECTION  SHALL  COMPLY
 WITH:
   (A)  ALL  PROVISIONS  OF  THIS  CHAPTER  AND ALL RULES AND REGULATIONS
 PROMULGATED THEREUNDER; AND
   (B) ARTICLES ONE HUNDRED SEVENTY-NINE AND TWO  HUNDRED  TWENTY-TWO  OF
 THE PENAL LAW.
   3.  CERTIFIED  PATIENTS  IN  NEW  YORK  SHALL  BE AUTHORIZED TO OBTAIN
 MEDICAL CANNABIS OR MEDICAL CANNABIS  PRODUCTS  FROM  OTHER  STATES  AND
 JURISDICTIONS  OF  THE UNITED STATES IN ACCORDANCE WITH THE REQUIREMENTS
 SET FORTH BY SUCH STATE OR OTHER UNITED STATES JURISDICTION.
   § 6. Subdivision 4 and paragraph (b) of subdivision 5 of section 34 of
 the cannabis law are amended to read as follows:
   4. (a) A registered organization may lawfully, in  good  faith,  sell,
 deliver,  distribute or dispense medical cannabis to a certified patient
 or designated caregiver upon presentation to the registered organization
 of a  valid  [registry  identification  card]  CERTIFICATION  AND  VALID
 GOVERNMENT-ISSUED  PHOTO  IDENTIFICATION  for  that certified patient or
 designated caregiver, PURSUANT TO SECTION THIRTY-TWO  OF  THIS  ARTICLE.
 When  presented  with  the [registry identification card] CERTIFICATION,
 the registered organization shall provide to the  certified  patient  or
 designated  caregiver  a  receipt,  WHICH MAY BE ELECTRONIC, which shall
 A. 7826                             8
 
 state: the name, address, and  registry  identification  number  of  the
 registered  organization; the name and registry identification number of
 the certified patient and the designated caregiver, if any; the date the
 cannabis was sold; [any recommendation or limitation by the practitioner
 as  to the form or forms of medical cannabis or dosage for the certified
 patient;] and the form and the quantity of medical  cannabis  sold.  The
 registered organization shall retain [a copy] ANY COPIES of [the] regis-
 try identification [card] CARDS USED BY CERTIFIED PATIENTS OR DESIGNATED
 CAREGIVERS PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
 THOUSAND  TWENTY-THREE  THAT  AMENDED THIS PARAGRAPH and the receipt for
 six years FOLLOWING THE  EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF
 TWO  THOUSAND  TWENTY-THREE  THAT  AMENDED THIS PARAGRAPH and shall make
 such records available to the office UPON REQUEST.
   (b) The proprietor of a registered organization shall file or cause to
 be filed any DISPENSING receipt and certification information  with  the
 office  by  electronic  means  on  a  real-time basis as the board shall
 require by regulation. When filing DISPENSING receipt and  certification
 information electronically pursuant to this paragraph, the proprietor of
 the registered organization shall dispose of any electronically recorded
 [prescription]  information  in  such manner as the board shall by regu-
 lation require.
   (b) When dispensing medical cannabis to a certified patient or  desig-
 nated  caregiver,  the registered organization[: (i)] shall not dispense
 an amount greater than [a sixty-day supply to a certified patient  until
 the  certified patient has exhausted all but a seven day supply provided
 pursuant to a previously issued certification; and (ii) shall verify the
 information in subparagraph (i) of  this  paragraph  by  consulting  the
 prescription  monitoring  program registry under] THE AMOUNTS AUTHORIZED
 IN SECTION THIRTY-ONE OF this article.
   § 7. Subdivision 3 of section 37 of the cannabis  law  is  amended  to
 read as follows:
   3.  The board shall [report every two years, beginning two years after
 the effective date of this article, to the governor and the  legislature
 on]  COLLECT  DATA AND PUBLISH INFORMATION RELATED TO the medical use of
 cannabis under this article and make appropriate recommendations IN  ITS
 ANNUAL REPORT.
   § 8. Section 41 of the cannabis law is amended to read as follows:
   §  41.  Home  cultivation  of  medical cannabis. 1. Certified patients
 [twenty-one] EIGHTEEN years of age or older may cultivate  cannabis  for
 personal  MEDICAL  use. Designated caregivers twenty-one years of age or
 older, caring for certified  patients  either  younger  than  twenty-one
 years  of  age  or  whose physical or cognitive impairments prevent them
 from cultivating cannabis,  may  cultivate  cannabis  for  use  by  such
 patients,  provided  that no other caregiver is growing for said patient
 or patients. [All cultivation] CULTIVATION under this section  shall  be
 in  accordance  with section 222.15 of the penal law and any regulations
 made by the board, provided that the maximum number of cannabis plants a
 designated caregiver is authorized to grow is proportionately  increased
 for each patient they are growing for.
   2.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PERMIT ANY CERTIFIED
 PATIENT OR DESIGNATED CAREGIVER TO SELL ANY CULTIVATED CANNABIS PRODUCED
 BY ANY CANNABIS PLANT WHICH IS OR WAS CULTIVATED FOR A CERTIFIED PATIENT
 PURSUANT TO THIS SECTION TO ANY OTHER  PERSON,  EVEN  IF  THE  CERTIFIED
 PATIENT  NO  LONGER  NEEDS  OR  WANTS SUCH CANNABIS; PROVIDED HOWEVER, A
 CERTIFIED PATIENT OR DESIGNATED CAREGIVER SHALL BE  AUTHORIZED  TO  GIVE
 SUCH  CULTIVATED  CANNABIS  TO  ANOTHER CERTIFIED PATIENT IN THE AMOUNTS
 A. 7826                             9
 
 AUTHORIZED BY SECTION THIRTY-ONE OF THIS ARTICLE. ANY CERTIFIED  PATIENT
 OR  DESIGNATED  CAREGIVER  WHO  IS  FOUND  TO BE SELLING SUCH CULTIVATED
 CANNABIS FOR COMPENSATION OR OTHER REMUNERATION MAY BE  SUBJECT  TO  ANY
 RELEVANT PENALTIES IN THIS CHAPTER, THE PENAL LAW, AND THE TAX LAW.
   §  9.  Subdivision  4  of section 42 of the cannabis law is amended to
 read as follows:
   4.  (a)  [Certification  applications]  CERTIFICATIONS,  certification
 forms[,]  AND  any certified patient OR DESIGNATED CAREGIVER information
 contained within a database[,  and  copies  of  registry  identification
 cards]  shall  be  deemed  exempt  from public disclosure under sections
 eighty-seven and eighty-nine of the public officers law.  Upon  specific
 request  by  a  certified patient to the office, the office shall verify
 the requesting patient's status as a  valid  certified  patient  to  the
 patient's  school  or  employer  or  other  designated  party, to ensure
 compliance with the protections afforded by this section.
   (b) The name, contact information, and other information  relating  to
 practitioners [registered with the board] CERTIFYING PATIENTS under this
 article  shall  be  public  information  and  shall be maintained on the
 board's website accessible to the public in searchable form. However, if
 a practitioner notifies the board in writing that [he or she does]  THEY
 DO  not  want  [his  or her] THEIR name and other information disclosed,
 that practitioner's name and other information shall thereafter  not  be
 public  information  or  maintained  on  the board's website, unless the
 practitioner cancels the request.
   § 10. Article 33-A of the public health law is REPEALED.
   § 11. The commissioner of health, the executive director of the office
 of cannabis management and  the  commissioner  of  education,  or  their
 designees,  shall  work  in  conjunction  to  expeditiously transfer any
 records, documents and papers of the controlled  substances  therapeutic
 research act and the Antonio G. Olivieri controlled substances therapeu-
 tic  research  program  repealed  by  section  ten of this act, from the
 department of health to the office of cannabis management and the  state
 archives.
   § 12. Section 12 of chapter 90 of the laws of 2014 amending the public
 health  law,  the  tax  law, the state finance law, the general business
 law, the penal law and the criminal procedure law  relating  to  medical
 use  of  marihuana,  as  amended  by  chapter 92 of the laws of 2021, is
 amended to read as follows:
   § 12. This act shall take effect immediately; provided,  however  that
 sections  one,  three, four, five, six, seven-a[,] AND eight[, nine, ten
 and eleven] of this act shall expire and be deemed  repealed  [fourteen]
 NINE  years  after  such  date;  provided that the amendments to section
 171-a of the tax law made by section seven of this act shall take effect
 on the same date and in the same manner as section 54 of part A of chap-
 ter 59 of the laws of 2014 takes effect and  shall  not  expire  and  be
 deemed  repealed; and provided, further, that the amendments to subdivi-
 sion 5 of section 410.91 of the criminal procedure law made  by  section
 eleven  of  this  act shall not affect the expiration and repeal of such
 section and shall expire and be deemed repealed therewith.
   § 13. This act shall take effect immediately; provided,  however  that
 sections  one,  two,  three, four, five, six, eight and nine of this act
 shall take effect on the ninetieth day after it shall have become a law;
 and provided, further, that sections ten and eleven of  this  act  shall
 take  effect on the one hundred eightieth day after it shall have become
 a law.