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This entry was published on 2021-04-02
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Public Health (PBH) CHAPTER 45, ARTICLE 33, TITLE 5-A
* § 3360. Definitions. As used in this title, the following terms
shall have the following meanings, unless the context clearly requires

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
tolerate treatment for the serious condition. A certified medical use
does not include smoking.

2. "Caring for" means treating a patient, in the course of which the
practitioner has completed a full assessment of the patient's medical
history and current medical condition.

3. "Certified patient" means a patient who is a resident of New York
state or receiving care and treatment in New York state as determined by
the commissioner in regulation, and is certified under section
thirty-three hundred sixty-one of this title.

4. "Certification" means a certification, made under section
thirty-three hundred sixty-one of this title.

5. "Designated caregiver" means the individual designated by a
certified patient in a registry application. A certified patient may
designate up to two designated caregivers.

6. "Public place" means a public place as defined in regulation by the

7. (a) "Serious condition" means:

(i) having one of the following severe debilitating or
life-threatening conditions: cancer, positive status for human
immunodeficiency virus or acquired immune deficiency syndrome,
amyotrophic lateral sclerosis, Parkinson's disease, multiple sclerosis,
damage to the nervous tissue of the spinal cord with objective
neurological indication of intractable spasticity, epilepsy,
inflammatory bowel disease, neuropathies, Huntington's disease,
post-traumatic stress disorder, pain that degrades health and functional
capability where the use of medical marihuana is an alternative to
opioid use, substance use disorder, or as added by the commissioner; and

(ii) any of the following conditions where it is clinically associated
with, or a complication of, a condition under this paragraph or its
treatment: cachexia or wasting syndrome; severe or chronic pain; severe
nausea; seizures; severe or persistent muscle spasms; or such conditions
as are added by the commissioner.

(b) No later than eighteen months from the effective date of this
section, the commissioner shall determine whether to add the following
serious conditions: Alzheimer's, muscular dystrophy, dystonia,
post-traumatic stress disorder and rheumatoid arthritis.

8. "Medical marihuana" means marihuana as defined in subdivision
twenty-one of section thirty-three hundred two of this article, intended
for a certified medical use, as determined by the commissioner in his or
her sole discretion. Any form of medical marihuana not approved by the
commissioner is expressly prohibited.

9. "Registered organization" means a registered organization under
sections thirty-three hundred sixty-four and thirty-three hundred
sixty-five of this title.

10. "Registry application" means an application properly completed and
filed with the department by a certified patient under section
thirty-three hundred sixty-three of this title.

11. "Registry identification card" means a document that identifies a
certified patient or designated caregiver, as provided under section
thirty-three hundred sixty-three of this title.

12. "Practitioner" means a practitioner who (i) is a physician
licensed by New York state and practicing 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
inclusion of nurse practitioners under this title based upon
considerations including access and availability. After such
consideration the commissioner is authorized to deem nurse practitioners
as practitioners under this title.

13. "Terminally ill" means an individual has a medical prognosis that
the individual's life expectancy is approximately one year or less if
the illness runs its normal course.

14. "Labor peace agreement" means an agreement between an entity and a
labor organization that, at a minimum, protects the state's proprietary
interests by prohibiting labor organizations and members from engaging
in picketing, work stoppages, boycotts, and any other economic
interference with the registered organization's business.

15. "Individual dose" means a single measure of raw medical marihuana
or non-infused concentrates to be determined and clearly identified by a
patient's practitioner for the patient's specific certified condition.
For ingestible or sub-lingual medical marihuana products, no individual
dose may contain more than ten milligrams of tetrahydrocannabinol.

16. "Form of medical marihuana" means characteristics of the medical
marihuana recommended or limited for a particular certified patient,
including the method of consumption and any particular strain, variety,
and quantity or percentage of marihuana or particular active ingredient.

17. "Applicant" means a for-profit entity or not-for-profit
corporation and includes: board members, officers, managers, owners,
partners, principal stakeholders and members who submit an application
to become a registered organization.

18. "Special certification" means a special certification made under
subdivision nine of section thirty-three hundred sixty-one of this

* NB Repealed July 5, 2028 and Repealed 6 months after the full
cannabis control board created by Article 2 of the cannabis law has been