Senate Bill S2566B

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2566
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- 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;
   and to amend chapter 90 of the  laws  of  2014,  amending  the  public
   health  law  and  other  laws relating to medical use of marihuana, in
   relation to the effectiveness thereof
 
   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-
 tioners  to recommend an alternative to addictive opiates. These changes
 will give New Yorkers access to quality care they deserve.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06534-01-3
              

 S. 2566                             2
 
   § 2. 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
 OR RESIDENTIAL TREATMENT PROGRAM CERTIFIED UNDER ARTICLE  THIRTY-TWO  OF
 THE  MENTAL  HYGIENE LAW; A RESIDENTIAL FACILITY FOR THE CARE AND TREAT-
 MENT OF PERSONS WITH DEVELOPMENTAL DISABILITIES OPERATING UNDER  ARTICLE
 SIXTEEN  OF THE MENTAL HYGIENE LAW; A RESIDENTIAL TREATMENT FACILITY FOR
 CHILDREN AND YOUTH OPERATING UNDER  ARTICLE  THIRTY-ONE  OF  THE  MENTAL
 HYGIENE  LAW;  A  PUBLIC  SCHOOL  OR  PRIVATE SCHOOL OPERATING UNDER THE
 EDUCATION LAW; A RESEARCH INSTITUTION WITH AN INTERNAL REVIEW  BOARD;  A
 MEDICAL  MARIHUANA  RESEARCH PROGRAM LICENSED UNDER SECTION THIRTY-THREE
 HUNDRED SIXTY-FOUR-A OF THIS TITLE; OR ANY OTHER FACILITY AS  DETERMINED
 BY THE COMMISSIONER IN REGULATION.
   5-B.  "DESIGNATED  CAREGIVER FACILITY EMPLOYEE" MEANS AN EMPLOYEE OF A
 DESIGNATED CAREGIVER FACILITY.
   7. (a) ["Serious condition"] "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 scler-
 osis,  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, neuropa-
 thies, Huntington's disease, post-traumatic stress disorder,  pain  that
 degrades health and functional capability where the use of medical mari-
 huana   is  an  alternative  to  opioid  use,  substance  use  disorder,
 ALZHEIMER'S, MUSCULAR DYSTROPHY, DYSTONIA, RHEUMATOID ARTHRITIS, AUTISM,
 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.
 S. 2566                             3

   (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-
 traumatic  stress disorder and rheumatoid arthritis] ANY OTHER CONDITION
 CERTIFIED BY THE PRACTITIONER.
   12.  "Practitioner"  means  a  practitioner  who  (i)  [is a physician
 licensed by New York state and practicing within the state,] IS  AUTHOR-
 IZED  TO PRESCRIBE CONTROLLED SUBSTANCES WITHIN THE STATE; (ii) [who] by
 training or experience is qualified to treat a  [serious]  condition  as
 defined in subdivision seven of this section; and (iii) [has completed a
 two  to four hour course as determined by the commissioner in regulation
 and registered with the department;  provided  however,  a  registration
 shall  not  be  denied without cause. Such course may count toward board
 certification requirements. The commissioner shall consider  the  inclu-
 sion  of  nurse practitioners under this title based upon considerations
 including access and availability. After such consideration the  commis-
 sioner  is authorized to deem nurse practitioners as practitioners under
 this title] COMPLETES, AT A MINIMUM, A TWO HOUR COURSE AS DETERMINED  BY
 THE  COMMISSIONER.  A PERSON'S STATUS AS A PRACTITIONER UNDER THIS TITLE
 IS DEEMED TO BE A "LICENSE" FOR PURPOSES OF SECTION THIRTY-THREE HUNDRED
 NINETY OF THIS ARTICLE.
   19. "MEDICAL MARIHUANA RESEARCH PROGRAM"  MEANS  A  MEDICAL  MARIHUANA
 RESEARCH   PROGRAM   LICENSED   UNDER   SECTION   THIRTY-THREE   HUNDRED
 SIXTY-FOUR-A OF THIS TITLE.
   § 3. Subdivisions 1, 2, and 9 of section 3361  of  the  public  health
 law, subdivisions 1 and 2 as added by chapter 90 of the laws of 2014 and
 subdivision  9  as added by chapter 416 of the laws of 2015, are amended
 to read as follows:
   1. A patient certification may only be issued if: (a)  a  practitioner
 has  been  registered  with  the  department to issue a certification as
 determined by the commissioner; (b) the patient has a  [serious]  condi-
 tion,  which shall be specified in the patient's health care record; (c)
 the practitioner by training or experience is  qualified  to  treat  the
 [serious] condition; (d) the patient is under the practitioner's contin-
 uing  care  for  the  [serious] condition; and (e) in the practitioner's
 professional opinion and review of past treatments, the patient is like-
 ly to receive therapeutic or palliative  benefit  from  the  primary  or
 adjunctive  treatment  with  medical  use of marihuana for the [serious]
 condition.
   2. The certification shall include (a) the name,  date  of  birth  and
 address of the patient; (b) a statement that the patient has a [serious]
 condition  and  the  patient  is  under  the practitioner's care for the
 [serious] condition; (c) a statement attesting that all requirements  of
 subdivision  one  of this section have been satisfied; (d) the date; and
 (e) the name, address, federal registration  number,  telephone  number,
 and  the  handwritten  signature  of  the  certifying  practitioner. The
 commissioner may require by regulation that the certification  shall  be
 on  a form provided by the department. The practitioner may state in the
 certification that, in  the  practitioner's  professional  opinion,  the
 patient  would  benefit  from  medical  marihuana only until a specified
 date. The practitioner may state in the certification that, in the prac-
 titioner's professional opinion, the patient is terminally ill and  that
 the certification shall not expire until the patient dies.
   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 [serious] condition is
 S. 2566                             4
 
 progressive and degenerative or that delay in  the  patient's  certified
 medical  use  of marihuana poses a serious risk to the patient's life or
 health.
   (b)  The  department  shall  create  the form to be used for a special
 certification and shall make that form available to be  downloaded  from
 the department's website.
   § 4. Subdivisions 1 and 2 of section 3362 of the public health law, as
 added  by chapter 90 of the laws of 2014, are amended and a new subdivi-
 sion 3 is added to read as follows:
   1. The possession, acquisition, use, delivery,  transfer,  transporta-
 tion,  or  administration of medical marihuana by a certified patient or
 designated caregiver possessing a valid  registry  identification  card,
 for  certified  medical  use, shall be lawful under this title; provided
 that:
   (a) the marihuana that may be possessed by a certified  patient  shall
 not  exceed  a  [thirty] SIXTY day supply of the dosage as determined by
 the practitioner, consistent with any guidance and regulations issued by
 the commissioner, provided that during the last seven days of any [thir-
 ty] SIXTY day period, the certified patient may also possess up to  such
 amount for the next [thirty] SIXTY day period;
   (b)  the marihuana that may be possessed by designated caregivers does
 not exceed the quantities referred to in paragraph (a) of this  subdivi-
 sion for each certified patient for whom the caregiver possesses a valid
 registry identification card, up to five certified patients;
   (c) THE MARIHUANA THAT MAY BE POSSESSED BY DESIGNATED CAREGIVER FACIL-
 ITIES  DOES  NOT  EXCEED  THE QUANTITIES REFERRED TO IN PARAGRAPH (A) OF
 THIS SUBDIVISION FOR EACH CERTIFIED PATIENT UNDER CARE OR  TREATMENT  OF
 THE FACILITY;
   (D)  the  form  or forms of medical marihuana that may be possessed by
 the certified patient [or], designated caregiver, OR DESIGNATED CAREGIV-
 ER FACILITY pursuant to a certification shall be in compliance with  any
 recommendation or limitation by the practitioner as to the form or forms
 of  medical marihuana or dosage for the certified patient in the certif-
 ication; and
   [(d)] (E) the medical marihuana shall be kept in the original  package
 in  which  it  was dispensed under subdivision twelve of section thirty-
 three hundred sixty-four of this title, except for the  portion  removed
 for  immediate  consumption  for  certified medical use by the certified
 patient.
   2. Notwithstanding subdivision one of this section:
   (a) possession of medical marihuana shall not  be  lawful  under  this
 title  if it is smoked, consumed, vaporized, or grown in a public place,
 regardless of the form of medical  marihuana  stated  in  the  patient's
 certification.
   (b)  a  [person]  CERTIFIED PATIENT OR DESIGNATED CAREGIVER possessing
 medical marihuana under this title shall possess  his  or  her  registry
 identification card at all times when in immediate possession of medical
 marihuana.
   (C) MEDICAL MARIHUANA MAY NOT BE SMOKED IN ANY PLACE WHERE TOBACCO MAY
 NOT  BE  SMOKED  UNDER ARTICLE THIRTEEN-E OF THIS CHAPTER, REGARDLESS OF
 THE FORM OF MEDICAL MARIHUANA STATED IN THE PATIENT'S CERTIFICATION.
   3. THE POSSESSION, ACQUISITION, DELIVERY, TRANSFER, TRANSPORTATION, OR
 ADMINISTRATION OF MEDICAL MARIHUANA BY A DESIGNATED  CAREGIVER  FACILITY
 OR  DESIGNATED  CAREGIVER  FACILITY  EMPLOYEE SHALL BE LAWFUL UNDER THIS
 TITLE PROVIDED THAT:
 S. 2566                             5
 
   (A) THE DESIGNATED CAREGIVER FACILITY REGISTERS WITH THE DEPARTMENT ON
 A FORM PROVIDED BY THE COMMISSIONER;
   (B)  SUCH POSSESSION, ACQUISITION, DELIVERY, TRANSFER, TRANSPORTATION,
 OR ADMINISTRATION IS ON BEHALF  OF  A  CERTIFIED  PATIENT  POSSESSING  A
 REGISTRY IDENTIFICATION CARD;
   (C) THE DESIGNATED CAREGIVER FACILITY MAINTAINS A COPY OF THE REGISTRY
 IDENTIFICATION  CARD  OF  EACH CERTIFIED PATIENT FOR WHICH IT POSSESSES,
 ACQUIRES, DELIVERS, TRANSFERS, TRANSPORTS, OR ADMINISTERS MEDICAL  MARI-
 HUANA; AND
   (D) A DESIGNATED CAREGIVER FACILITY EMPLOYEE SHALL BE IDENTIFIED AS AN
 EMPLOYEE WHEN NECESSARY, AS PROVIDED BY THE COMMISSIONER.
   § 5. Subdivisions 2, 3, 5, and 11 of section 3363 of the public health
 law,  as added by chapter 90 of the laws of 2014, are amended to read as
 follows:
   2. To obtain, amend or renew a registry identification card, a  certi-
 fied  patient  or designated caregiver shall file a registry application
 with the department. 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);
   (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 marihuana, if the certification states such a date;
   (vi)  the  name,  address,  federal registration number, and telephone
 number of the certifying practitioner;
   (vii) any recommendation or limitation by the practitioner as  to  the
 form  or forms of medical marihuana or dosage for the certified patient;
 and
   (viii)  other  individual  identifying  information  required  by  the
 department;
   (b)  (I) in the case of a certified patient, if the patient designates
 a designated caregiver, the name, address, and  date  of  birth  of  the
 designated  caregiver,  and  other  individual  identifying  information
 required by the department;
   (II) IF THE DESIGNATED  CAREGIVER  IS  A  MEDICAL  MARIHUANA  RESEARCH
 PROGRAM,  THE  NAME  OF  THE  ORGANIZATION  CONDUCTING THE RESEARCH; THE
 ADDRESS, PHONE NUMBER, AND NAME OF THE INDIVIDUAL LEADING  THE  RESEARCH
 OR  APPROPRIATE  DESIGNEE; AND OTHER IDENTIFYING INFORMATION REQUIRED BY
 THE DEPARTMENT;
   (c) 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 depart-
 ment;
   (d) a statement that a false statement  made  in  the  application  is
 punishable under section 210.45 of the penal law;
   (e)  the  date  of  the application and the signature of the certified
 patient or designated caregiver, as the case may be; AND
 S. 2566                             6
 
   (f) [a fifty dollar application fee, provided, that the department may
 waive or reduce the fee in cases of financial hardship; and
   (g)] any other requirements determined by the commissioner.
   3. Where a certified patient is under the age of eighteen:
   (a)  The  application for a registry identification card shall be made
 by an appropriate person over twenty-one years of age.  The  application
 shall state facts demonstrating that the person is appropriate.
   (b)  The  designated caregiver shall be (i) a parent or legal guardian
 of the certified patient, (ii) a person designated by a parent or  legal
 guardian, [or] (iii) IN THE CASE OF SUCH A CERTIFIED PATIENT BEING CARED
 FOR BY A DESIGNATED CAREGIVER FACILITY, THE DESIGNATED CAREGIVER FACILI-
 TY  DESIGNATED  BY  THE PARENT OR LEGAL GUARDIAN; OR (IV) an appropriate
 person approved by the department upon  a  sufficient  showing  that  no
 parent or legal guardian is appropriate or available.
   5.  No  person may be a designated caregiver for more than five certi-
 fied patients at one time; PROVIDED HOWEVER THAT THIS  LIMITATION  SHALL
 NOT  APPLY  TO  A  DESIGNATED CAREGIVER FACILITY OR DESIGNATED CAREGIVER
 FACILITY EMPLOYEE.
   11. A certified patient or designated caregiver who has been issued  a
 registry  identification  card shall notify the department of any change
 in his or her name or address or, with respect to the patient, if he  or
 she  ceases  to  have the [serious] condition noted on the certification
 within ten days of such change. The certified  patient's  or  designated
 caregiver's  registry  identification  card  shall be deemed invalid and
 shall be returned promptly to the department.
   § 6. Subdivisions 3 and 5 of section 3364 of the public health law, as
 added by chapter 90 of the laws of 2014, are amended and a new  subdivi-
 sion 14 is added to read as follows:
   3.  Each  registered  organization  shall contract with an independent
 laboratory PERMITTED UNDER SECTION THIRTY-THREE HUNDRED SIXTY-FOUR-C  OF
 THIS  TITLE  to  test  the  medical marihuana produced by the registered
 organization. The commissioner shall approve the laboratory and  require
 that the laboratory report testing results in a manner determined by the
 commissioner. The commissioner is authorized to issue regulation requir-
 ing the laboratory to perform certain tests and services.
   5.  (a)  No  registered  organization may sell, deliver, distribute or
 dispense to any certified patient or designated caregiver a quantity  of
 medical  marihuana  larger  than  that  individual  would  be allowed to
 possess under this title.
   (b) When dispensing medical marihuana to a certified patient or desig-
 nated caregiver, the registered organization (i) shall not  dispense  an
 amount  greater  than a [thirty] 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 consult-
 ing the prescription monitoring program registry under  section  thirty-
 three hundred forty-three-a of this article.
   (c)  Medical  marihuana dispensed to a certified patient or designated
 caregiver by a registered organization shall conform to any  recommenda-
 tion  or  limitation  by  the  practitioner  as  to the form or forms of
 medical marihuana or dosage for the certified patient.
   14. A REGISTERED ORGANIZATION MAY CONTRACT WITH A PERSON OR ENTITY  TO
 PROVIDE  FACILITIES,  EQUIPMENT  OR  SERVICES  THAT ARE ANCILLARY TO THE
 REGISTERED ORGANIZATION'S FUNCTIONS OR  ACTIVITIES  UNDER  THIS  SECTION
 (INCLUDING,  BUT  NOT  LIMITED  TO, SHIPPING, MAINTENANCE, CONSTRUCTION,
 REPAIR, AND SECURITY),  BUT  NOT  INCLUDING  ANY  FUNCTION  OR  ACTIVITY
 S. 2566                             7
 
 DIRECTLY  INVOLVING THE PLANTING, GROWING, TENDING, HARVESTING, PROCESS-
 ING, OR PACKAGING OF PLANTS; OR ANY OTHER  FUNCTION  DIRECTLY  INVOLVING
 MANUFACTURING  OR  RETAILING  OF  MEDICAL  MARIHUANA. ALL LAWS AND REGU-
 LATIONS  APPLICABLE  TO  SUCH  FACILITIES,  EQUIPMENT, OR SERVICES SHALL
 APPLY TO THE CONTRACT. THE REGISTERED ORGANIZATION AND OTHER PARTIES  TO
 THE CONTRACT SHALL EACH BE RESPONSIBLE FOR COMPLIANCE WITH SUCH LAWS AND
 REGULATIONS  UNDER  THE  CONTRACT. THE COMMISSIONER MAY MAKE REGULATIONS
 CONSISTENT  WITH  THIS  TITLE  RELATING  TO  CONTRACTS  AND  PARTIES  TO
 CONTRACTS UNDER THIS SUBDIVISION.
   §  7.  The public health law is amended by adding a new section 3364-a
 to read as follows:
   § 3364-A. MEDICAL MARIHUANA RESEARCH LICENSES.   1.  THE  COMMISSIONER
 SHALL  ESTABLISH  A  MEDICAL  MARIHUANA  RESEARCH LICENSE THAT PERMITS A
 LICENSEE TO PRODUCE, PROCESS,  PURCHASE,  POSSESS,  TRANSFER,  AND  SELL
 MARIHUANA,  SUBJECT  TO THIS SECTION, FOR THE FOLLOWING LIMITED RESEARCH
 PURPOSES:
   (A) TO TEST CHEMICAL POTENCY AND COMPOSITION LEVELS;
   (B) TO CONDUCT CLINICAL INVESTIGATIONS OF MARIHUANA-DERIVED PRODUCTS;
   (C) TO CONDUCT RESEARCH ON THE EFFICACY AND  SAFETY  OF  ADMINISTERING
 MARIHUANA AS PART OF MEDICAL TREATMENT; OR
   (D)  TO  CONDUCT  GENOMIC OR AGRICULTURAL RESEARCH RELATING TO MEDICAL
 MARIHUANA.
   2. AS PART OF THE APPLICATION PROCESS FOR A MEDICAL MARIHUANA RESEARCH
 LICENSE, AN APPLICANT MUST SUBMIT TO THE COMMISSIONER A  DESCRIPTION  OF
 THE  RESEARCH  THAT IS INTENDED TO BE CONDUCTED AS WELL AS THE AMOUNT OF
 MARIHUANA TO BE GROWN OR PURCHASED. THE  COMMISSIONER  SHALL  REVIEW  AN
 APPLICANT'S RESEARCH PROJECT AND DETERMINE WHETHER IT MEETS THE REQUIRE-
 MENTS  OF SUBDIVISION ONE OF THIS SECTION. IN ADDITION, THE COMMISSIONER
 SHALL ASSESS THE APPLICATION BASED ON THE FOLLOWING CRITERIA:
   (A) PROJECT QUALITY, STUDY DESIGN, VALUE, AND IMPACT;
   (B) WHETHER THE APPLICANT HAS THE  APPROPRIATE  PERSONNEL,  EXPERTISE,
 FACILITIES  AND  INFRASTRUCTURE,  FUNDING,  AND  (TO  THE EXTENT LEGALLY
 AVAILABLE) APPROVALS RELATING TO HUMAN OR ANIMAL RESEARCH, IN  PLACE  TO
 SUCCESSFULLY CONDUCT THE PROJECT; AND
   (C)  WHETHER  THE  AMOUNT OF MARIHUANA TO BE GROWN OR PURCHASED BY THE
 APPLICANT IS CONSISTENT WITH THE PROJECT'S SCOPE AND GOALS.
   3. IF THE COMMISSIONER DETERMINES THAT THE RESEARCH PROJECT MEETS  THE
 REQUIREMENTS  OF  SUBDIVISION  ONE OF THIS SECTION, THE COMMISSIONER MAY
 APPROVE THE APPLICATION. IF NOT, THE APPLICATION SHALL BE DENIED.
   4. A MEDICAL MARIHUANA RESEARCH LICENSEE MAY  ONLY  SELL  OR  TRANSFER
 MARIHUANA  GROWN OR PRODUCED WITHIN ITS OPERATION TO OTHER MEDICAL MARI-
 HUANA RESEARCH LICENSEES, OR OTHERWISE FOR PURPOSES  OF  THE  LICENSEE'S
 RESEARCH.
   5.  IN  ESTABLISHING A MEDICAL MARIHUANA RESEARCH LICENSE, THE COMMIS-
 SIONER MAY MAKE REGULATIONS ON THE FOLLOWING:
   (A) APPLICATION REQUIREMENTS;
   (B)  LICENSE  RENEWAL  REQUIREMENTS,  INCLUDING   WHETHER   ADDITIONAL
 RESEARCH PROJECTS MAY BE ADDED OR CONSIDERED;
   (C) CONDITIONS FOR LICENSE REVOCATION;
   (D)  SECURITY MEASURES TO ENSURE MARIHUANA IS NOT DIVERTED TO PURPOSES
 OTHER THAN RESEARCH;
   (E) AMOUNT OF PLANTS, USEABLE MARIHUANA,  MARIHUANA  CONCENTRATES,  OR
 MARIHUANA-INFUSED PRODUCTS A LICENSEE MAY HAVE ON ITS PREMISES;
   (F) LICENSEE REPORTING REQUIREMENTS;
 S. 2566                             8

   (G)  CONDITIONS  UNDER WHICH MARIHUANA GROWN BY LICENSED MEDICAL MARI-
 HUANA PRODUCERS AND OTHER PRODUCT TYPES FROM LICENSED MEDICAL  MARIHUANA
 PROCESSORS MAY BE DONATED TO MEDICAL MARIHUANA RESEARCH LICENSEES; AND
   (H) ANY ADDITIONAL REQUIREMENTS DEEMED NECESSARY BY THE COMMISSIONER.
   6.  A  MARIHUANA  RESEARCH  LICENSE ISSUED UNDER THIS SECTION SHALL BE
 ISSUED IN THE NAME OF THE APPLICANT OR APPLICANTS, SPECIFY THE  LOCATION
 AT  WHICH  THE  MARIHUANA  RESEARCHER INTENDS TO OPERATE, WHICH SHALL BE
 WITHIN THE STATE, AND SHALL NOT  ALLOW  ANY  OTHER  PERSON  TO  USE  THE
 LICENSE EXCEPT AS UNDER SUBDIVISION FOUR OF THIS SECTION.
   7.  PARTICIPATION  BY  CERTIFIED  PATIENTS  IN  ANY  MEDICAL MARIHUANA
 RESEARCH PROGRAM SHALL BE VOLUNTARY.
   8. THE APPLICATION FEE FOR A MEDICAL MARIHUANA RESEARCH LICENSE  SHALL
 BE DETERMINED BY THE COMMISSIONER ON AN ANNUAL BASIS.
   9.  EACH  MEDICAL  MARIHUANA  RESEARCH  LICENSEE SHALL ISSUE AN ANNUAL
 REPORT TO THE COMMISSIONER. THE COMMISSIONER SHALL  REVIEW  SUCH  REPORT
 AND MAKE A DETERMINATION AS TO WHETHER THE RESEARCH PROJECT CONTINUES TO
 MEET THE RESEARCH QUALIFICATIONS UNDER THIS SECTION.
   §  8.  The public health law is amended by adding a new section 3364-b
 to read as follows:
   § 3364-B. REGISTRATION OF DESIGNATED  CAREGIVER  FACILITIES.    1.  TO
 OBTAIN,  AMEND OR RENEW A REGISTRATION AS A DESIGNATED CAREGIVER FACILI-
 TY, THE FACILITY SHALL FILE AN APPLICATION WITH  THE  COMMISSIONER.  THE
 APPLICATION SHALL INCLUDE:
   (A) THE FACILITY'S FULL NAME AND ADDRESS;
   (B) OPERATING CERTIFICATE OR LICENSE NUMBER WHERE APPROPRIATE;
   (C)  NAME,  TITLE,  AND  SIGNATURE OF AN AUTHORIZED FACILITY REPRESEN-
 TATIVE;
   (D) A STATEMENT THAT THE FACILITY AGREES TO SECURE AND  ENSURE  PROPER
 HANDLING OF ALL MEDICAL MARIHUANA PRODUCTS;
   (E)  AN  ACKNOWLEDGEMENT  THAT A FALSE STATEMENT IN THE APPLICATION IS
 PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW; AND
   (F) ANY OTHER INFORMATION THAT MAY BE REQUIRED BY THE COMMISSIONER.
   2. PRIOR TO ISSUING OR RENEWING A DESIGNATED CAREGIVER FACILITY REGIS-
 TRATION, THE COMMISSIONER MAY VERIFY THE INFORMATION  SUBMITTED  BY  THE
 APPLICANT.   THE APPLICANT SHALL PROVIDE, AT THE COMMISSIONER'S REQUEST,
 SUCH INFORMATION AND DOCUMENTATION, INCLUDING ANY CONSENTS  OR  AUTHORI-
 ZATIONS, THAT MAY BE NECESSARY FOR THE COMMISSIONER TO VERIFY THE INFOR-
 MATION.
   3.  THE APPLICATION SHALL BE APPROVED, DENIED OR DETERMINED INCOMPLETE
 OR INACCURATE BY THE COMMISSIONER WITHIN THIRTY DAYS OF RECEIPT  OF  THE
 APPLICATION.  IF  THE  APPLICATION  IS  APPROVED, THE COMMISSIONER SHALL
 ISSUE A REGISTRATION AS SOON AS IS REASONABLY PRACTICABLE.
   4. REGISTRATIONS UNDER THIS SECTION SHALL REMAIN VALID FOR  TWO  YEARS
 FROM THE DATE OF ISSUANCE.
   §  9.  The public health law is amended by adding a new section 3364-c
 to read as follows:
   § 3364-C. LABORATORY PERMITS.  1. THE COMMISSIONER SHALL  APPROVE  AND
 PERMIT  ONE  OR MORE INDEPENDENT LABORATORIES TO TEST MEDICAL MARIHUANA.
 TO BE PERMITTED AS AN INDEPENDENT LABORATORY UNDER THIS SECTION, A LABO-
 RATORY MUST APPLY TO THE DEPARTMENT IN A FORM AND MANNER  PRESCRIBED  BY
 THE  COMMISSIONER AND MUST DEMONSTRATE THE FOLLOWING TO THE SATISFACTION
 OF THE COMMISSIONER:
   (A) THE OWNERS AND DIRECTORS OF THE LABORATORY ARE OF GOOD MORAL CHAR-
 ACTER;
 S. 2566                             9
 
   (B) THE LABORATORY AND ITS  STAFF  HAVE  THE  SKILLS,  RESOURCES,  AND
 EXPERTISE  NEEDED  TO  ACCURATELY  AND  CONSISTENTLY PERFORM ALL TESTING
 REQUIRED;
   (C)  THE  LABORATORY HAS IN PLACE AND WILL MAINTAIN ADEQUATE POLICIES,
 PROCEDURES, AND FACILITY SECURITY TO ENSURE PROPER COLLECTION, LABELING,
 ACCESSIONING, PREPARATION, ANALYSIS,  RESULT  REPORTING,  DISPOSAL,  AND
 STORAGE OF MEDICAL MARIHUANA;
   (D) THE LABORATORY IS PHYSICALLY LOCATED IN NEW YORK STATE;
   (E)  THE  LABORATORY HAS A CERTIFICATE OF APPROVAL AS AN ENVIRONMENTAL
 LABORATORY ISSUED BY THE COMMISSIONER UNDER TITLE ONE OF ARTICLE FIVE OF
 THIS CHAPTER; AND
   (F) THE LABORATORY MEETS ALL REQUIREMENTS PRESCRIBED BY  THIS  CHAPTER
 AND THE COMMISSIONER IN REGULATION.
   2. THE OWNER OF AN INDEPENDENT LABORATORY PERMITTED UNDER THIS SECTION
 SHALL NOT HOLD A REGISTRATION AS A REGISTERED ORGANIZATION AND SHALL NOT
 HAVE ANY DIRECT OR INDIRECT OWNERSHIP INTEREST IN SUCH REGISTERED ORGAN-
 IZATION.  NO BOARD MEMBER, MANAGER, OWNER, PARTNER, PRINCIPAL STAKEHOLD-
 ER,  OR  MEMBER OF A REGISTERED ORGANIZATION, OR SUCH PERSON'S IMMEDIATE
 FAMILY, SHALL HAVE AN INTEREST OR VOTING RIGHTS IN ANY INDEPENDENT LABO-
 RATORY PERMITTEE. NO REGISTERED ORGANIZATION SHALL HAVE  ANY  DIRECT  OR
 INDIRECT OWNERSHIP INTEREST IN SUCH LABORATORY.
   3.  AN  INDEPENDENT LABORATORY SHALL NOT BE REQUIRED TO BE LICENSED BY
 THE FEDERAL DRUG ENFORCEMENT ADMINISTRATION.
   § 10. Subdivision 9 of section 3365 of the public health law, as added
 by chapter 90 of the laws of 2014, is amended to read as follows:
   9. [The commissioner shall register no more than  five]  A  registered
 [organizations]  ORGANIZATION  that  [manufacture]  MANUFACTURES medical
 marihuana [with] MAY HAVE no more than  [four]  EIGHT  dispensing  sites
 wholly  owned  and  operated  by  [such]  THE  registered  organization.
 PROVIDED, HOWEVER, THAT ANY DISPENSING  SITE  OPENED  PURSUANT  TO  THIS
 SECTION  BY  A  REGISTERED  ORGANIZATION LICENSED PRIOR TO THE EFFECTIVE
 DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO  THOUSAND  TWENTY-THREE  THAT
 AMENDED  THIS  SUBDIVISION SHALL NOT BE APPROVED BY THE DEPARTMENT UNTIL
 SUCH REGISTERED ORGANIZATIONS ESTABLISHES A SUBSIDY PROGRAM  TO  PROVIDE
 ASSISTANCE  AND  INCREASE  ACCESS  TO  PATIENTS.  The commissioner shall
 ensure that such [registered organizations  and]  dispensing  sites  are
 geographically  distributed across the state. The commission [may] SHALL
 register additional registered organizations REFLECTING THE DEMOGRAPHICS
 OF THE STATE.
   (A) THE DEPARTMENT SHALL IMPLEMENT A SOCIAL AND ECONOMIC  EQUITY  PLAN
 AND  ACTIVELY  PROMOTE  APPLICATIONS FROM COMMUNITIES DISPROPORTIONATELY
 IMPACTED BY CANNABIS PRODUCTION, AND PROMOTE RACIAL, ETHNIC, AND  GENDER
 DIVERSITY  WHEN  ISSUING  THE  ADDITIONAL  FOUR REGISTERED ORGANIZATIONS
 LICENSES, INCLUDING BY PRIORITIZING  CONSIDERATION  OF  APPLICATIONS  BY
 APPLICANTS  WHO  ARE FROM COMMUNITIES DISPROPORTIONATELY IMPACTED BY THE
 ENFORCEMENT OF CANNABIS PROHIBITION OR WHO QUALIFY AS A  MINORITY  OR  A
 WOMEN-OWNED  BUSINESS.  SUCH  QUALIFICATIONS  SHALL BE DETERMINED BY THE
 DEPARTMENT IN REGULATION.
   (B) THE DEPARTMENT SHALL ISSUE FOUR ADDITIONAL REGISTERED ORGANIZATION
 LICENSES AND CREATE A SOCIAL AND ECONOMIC EQUITY PLAN TO PROMOTE  DIVER-
 SITY  IN  OWNERSHIP AND EMPLOYMENT IN THE MEDICAL MARIHUANA INDUSTRY AND
 ENSURE INCLUSION OF:
   (I) INDIVIDUALS FROM COMMUNITIES DISPROPORTIONATELY  IMPACTED  BY  THE
 ENFORCEMENT OF CANNABIS PROHIBITION;
   (II) MINORITY-OWNED BUSINESSES;
   (III) WOMEN-OWNED BUSINESSES;
 S. 2566                            10
 
   (IV)  MINORITY AND WOMEN-OWNED BUSINESSES, AS DEFINED IN PARAGRAPH (D)
 OF THIS SUBDIVISION; AND
   (C)  THE  SOCIAL AND ECONOMIC EQUITY PLAN SHALL REQUIRE AN ANALYSIS OF
 HOW TO PRIORITIZE OPPORTUNITIES FOR APPLICANTS THAT ARE:
   (I) A MEMBER OF A COMMUNITY GROUP  THAT  HAS  BEEN  DISPROPORTIONATELY
 IMPACTED BY THE ENFORCEMENT OF CANNABIS PROHIBITION;
   (II)  WAS  CONVICTED OF A CANNABIS-RELATED OFFENSE PRIOR TO THE EFFEC-
 TIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  TWENTY-THREE  THAT
 AMENDED  THIS  SUBDIVISION, OR HAD A PARENT, GUARDIAN, CHILD, SPOUSE, OR
 DEPENDENT, OR WAS A DEPENDENT OF AN INDIVIDUAL WHO, PRIOR TO THE  EFFEC-
 TIVE  DATE  OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-THREE THAT
 AMENDED THIS SUBDIVISION, WAS CONVICTED OF A CANNABIS-RELATED OFFENSE.
   (D) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING DEFINITIONS  SHALL
 APPLY:
   (I)  "MINORITY-OWNED  BUSINESS"  SHALL  MEAN  A  BUSINESS  ENTERPRISE,
 INCLUDING A SOLE PROPRIETORSHIP, PARTNERSHIP, LIMITED LIABILITY  COMPANY
 OR CORPORATION THAT IS:
   (1)  AT  LEAST  FIFTY-ONE  PERCENT OWNED BY ONE OR MORE MINORITY GROUP
 MEMBERS;
   (2) AN ENTERPRISE IN WHICH SUCH MINORITY OWNERSHIP IS  REAL,  SUBSTAN-
 TIAL AND CONTINUING;
   (3)  AN  ENTERPRISE IN WHICH SUCH MINORITY OWNERSHIP HAS AND EXERCISES
 THE AUTHORITY TO CONTROL INDEPENDENTLY THE DAY-TO-DAY BUSINESS DECISIONS
 OF THE ENTERPRISE;
   (4) AN ENTERPRISE AUTHORIZED TO DO BUSINESS IN THIS  STATE  AND  INDE-
 PENDENTLY OWNED AND OPERATED; AND
   (5) AN ENTERPRISE THAT IS A SMALL BUSINESS.
   (II)  "MINORITY  GROUP  MEMBER"  SHALL MEAN A UNITED STATES CITIZEN OR
 PERMANENT RESIDENT ALIEN WHO IS AND CAN DEMONSTRATE MEMBERSHIP IN ONE OF
 THE FOLLOWING GROUPS:
   (1) BLACK PERSONS HAVING ORIGINS IN ANY OF THE  BLACK  AFRICAN  RACIAL
 GROUPS;
   (2)  HISPANIC  PERSONS  OF  MEXICAN,  PUERTO  RICAN, DOMINICAN, CUBAN,
 CENTRAL OR SOUTH AMERICAN OF EITHER INDIAN OR HISPANIC  ORIGIN,  REGARD-
 LESS OF RACE;
   (3) NATIVE AMERICAN OR ALASKAN NATIVE PERSONS HAVING ORIGINS IN ANY OF
 THE ORIGINAL PEOPLES OF NORTH AMERICA; OR
   (4)  ASIAN  AND  PACIFIC ISLANDER PERSONS HAVING ORIGINS IN ANY OF THE
 FAR EAST COUNTRIES, SOUTH EAST ASIA,  THE  INDIAN  SUBCONTINENT  OR  THE
 PACIFIC ISLANDS.
   (III) "WOMEN-OWNED BUSINESS" SHALL MEAN A BUSINESS ENTERPRISE, INCLUD-
 ING  A  SOLE  PROPRIETORSHIP,  PARTNERSHIP, LIMITED LIABILITY COMPANY OR
 CORPORATION THAT IS:
   (1) AT LEAST FIFTY-ONE PERCENT OWNED BY  ONE  OR  MORE  UNITED  STATES
 CITIZENS OR PERMANENT RESIDENT ALIENS WHO ARE WOMEN;
   (2)  AN  ENTERPRISE  IN  WHICH THE OWNERSHIP INTEREST OF SUCH WOMEN IS
 REAL, SUBSTANTIAL AND CONTINUING;
   (3) AN ENTERPRISE IN WHICH SUCH WOMEN OWNERSHIP HAS AND EXERCISES  THE
 AUTHORITY  TO CONTROL INDEPENDENTLY THE DAY-TO-DAY BUSINESS DECISIONS OF
 THE ENTERPRISE;
   (4) AN ENTERPRISE AUTHORIZED TO DO BUSINESS IN THIS  STATE  AND  INDE-
 PENDENTLY OWNED AND OPERATED; AND
   (5) AN ENTERPRISE THAT IS A SMALL BUSINESS.
   (IV) "A FIRM OWNED BY A MINORITY GROUP MEMBER WHO IS ALSO A WOMAN" MAY
 INCLUDE A MINORITY-OWNED BUSINESS, A WOMEN-OWNED BUSINESS, OR BOTH.
 S. 2566                            11
 
   (V)  "COMMUNITIES  DISPROPORTIONATELY IMPACTED" SHALL MEAN, BUT NOT BE
 LIMITED TO, A HISTORY OF ARRESTS, CONVICTIONS, AND OTHER LAW ENFORCEMENT
 PRACTICES IN A CERTAIN GEOGRAPHIC AREA, SUCH  AS,  BUT  NOT  LIMITED  TO
 PRECINCTS,   ZIP   CODES,  NEIGHBORHOODS,  AND  POLITICAL  SUBDIVISIONS,
 REFLECTING  A  DISPARATE  ENFORCEMENT  OF  CANNABIS PROHIBITION DURING A
 CERTAIN TIME PERIOD, WHEN COMPARED TO  THE  REST  OF  THE  STATE.    THE
 DEPARTMENT  SHALL  ISSUE  GUIDELINES  TO  DETERMINE  HOW TO ASSESS WHICH
 COMMUNITIES HAVE BEEN DISPROPORTIONATELY IMPACTED AND HOW TO  ASSESS  IF
 SOMEONE IS A MEMBER OF A COMMUNITY DISPROPORTIONATELY IMPACTED.
   (E)  THE    DEPARTMENT  SHALL  ACTIVELY PROMOTE APPLICANTS THAT FOSTER
 RACIAL, ETHNIC, AND GENDER DIVERSITY IN THEIR WORKFORCE.
   § 11. Subdivision 1 of section 3365-a of the  public  health  law,  as
 added by chapter 416 of the laws of 2015, is amended to read as follows:
   1.  There is hereby established in the department an emergency medical
 marihuana access program (referred to in this section as the  "program")
 under this section. The purpose of the program is to expedite the avail-
 ability of medical marihuana to avoid suffering and loss of life, during
 the  period  before  full  implementation  of  and production under this
 title, especially in the case of patients whose [serious]  condition  is
 progressive  and  degenerative  or  is  such that delay in the patient's
 medical use of marihuana poses a serious risk to the patient's  life  or
 health. The commissioner shall implement the program as expeditiously as
 practicable, including by emergency regulation.
   § 12. Subdivision 1 of section 3369 of the public health law, as added
 by chapter 90 of the laws of 2014, is amended to read as follows:
   1.  Certified  patients,  designated  caregivers, DESIGNATED CAREGIVER
 FACILITIES, DESIGNATED CAREGIVER FACILITY EMPLOYEES,  MEDICAL  MARIHUANA
 RESEARCH  PROGRAM EMPLOYEES, practitioners, registered organizations and
 the employees of  registered  organizations  shall  not  be  subject  to
 arrest,  prosecution,  or  penalty in any manner, or denied any right or
 privilege, including but not limited to civil  penalty  or  disciplinary
 action  by a business or occupational or professional licensing board or
 bureau, solely for the certified medical use or manufacture of  marihua-
 na, or for any other action or conduct in accordance with this title.
   §  13. Section 3369-d of the public health law, as added by chapter 90
 of the laws of 2014, is amended to read as follows:
   § 3369-d. Pricing. [1. Every sale of medical marihuana shall be at the
 price determined by the commissioner. Every charge made or demanded  for
 medical  marihuana  not  in  accordance with the price determined by the
 commissioner, is prohibited.
   2. The commissioner is hereby authorized to set the per dose price  of
 each  form  of medical marihuana sold by any registered organization. In
 setting the per dose price  of  each  form  of  medical  marihuana,  the
 commissioner  shall  consider  the fixed and variable costs of producing
 the form of marihuana and any other factor the commissioner, in  his  or
 her discretion, deems relevant to determining the per dose price of each
 form  of  medical  marihuana.]  REGISTERED  ORGANIZATIONS  SHALL  SUBMIT
 DOCUMENTATION OF ANY PRICE AND CHANGE IN PRICE PER DOSE FOR ANY  MEDICAL
 MARIHUANA  PRODUCT TO THE COMMISSIONER WITHIN FIFTEEN DAYS OF SETTING OR
 CHANGING THE PRICE. PRIOR APPROVAL BY  THE  COMMISSIONER  SHALL  NOT  BE
 REQUIRED  FOR ANY PRICE OR CHANGE OF PRICE. HOWEVER, THE COMMISSIONER IS
 AUTHORIZED TO MODIFY THE PRICE PER DOSE FOR ANY MEDICAL MARIHUANA  PROD-
 UCT IF NECESSARY TO MAINTAIN PUBLIC ACCESS TO APPROPRIATE MEDICATION.
   §  14.    Section  12  of chapter 90 of the laws of 2014, amending the
 public health law and other laws relating to medical use  of  marihuana,
 S. 2566                            12
 
 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,  eight,  nine,  ten  and
 eleven  of  this  act shall expire and be deemed repealed fourteen 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 chapter 59 of the
 laws of 2014 takes effect and shall not expire and be  deemed  repealed;
 and  provided,  further, that the amendments to subdivision 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.
   § 15. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2566--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health --  recommitted  to
   the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06534-02-4
 S. 2566--A                          2
              

 
   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
 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.
 S. 2566--A                          3

   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
 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;
 S. 2566--A                          4

   (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;
   (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
 S. 2566--A                          5
 
 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;
   (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.
 S. 2566--A                          6

   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;
   (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
 S. 2566--A                          7

 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.]
   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
 S. 2566--A                          8
 
 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
 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-FOUR THAT AMENDED THIS PARAGRAPH and the receipt for six
 years  FOLLOWING  THE   EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
 THOUSAND TWENTY-FOUR 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
 S. 2566--A                          9

 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
 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
 S. 2566--A                         10
 
 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.