Search OpenLegislation Statutes

This entry was published on 2021-04-02
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Expedited registration of registered organizations
Public Health (PBH) CHAPTER 45, ARTICLE 33, TITLE 5-A
* § 3365-a. Expedited registration of registered organizations. 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
availability 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.

2. The department shall begin accepting and acting on applications
under this section for registered organizations as soon as practicable
after the effective date of this section.

3. For the purposes of this section, and for specified limited times,
the commissioner may waive or modify the requirements of this article
relating to registered organizations, consistent with the legislative
intent and purpose of this title and this section. Where an entity
seeking to be a registered organization under the program operates in a
jurisdiction other than the state of New York, under licensure or other
governmental recognition of that jurisdiction, and the laws of that
jurisdiction are acceptable to the commissioner as consistent with the
legislative intent and purpose of this title and this section, then the
commissioner may accept that licensure or recognition as wholly or
partially satisfying the requirements of this title, for purposes of the
registration and operation of the registered organization under the
program and this section.

4. In considering an application for registration as a registered
organization under this section, the commissioner shall give preference
to the following:

(a) an applicant that is currently producing or providing or has a
history of producing or providing medical marihuana in another
jurisdiction in full compliance with the laws of the jurisdiction;

(b) an applicant that is able and qualified to both produce,
distribute, and dispense medical marihuana to patients expeditiously;

(c) an applicant that proposes a location or locations for dispensing
by the registered organization, which ensure, to the greatest extent
possible, that certified patients with a special certification have
access to a registered organization.

5. The commissioner may make regulations under this section:

(a) limiting registered organizations registered under this section to
serving patients with special certifications;

(b) limiting the allowable levels of cannabidiol and
tetrahydrocannabinol that may be contained in medical marihuana
authorized under the program, based on therapeutics and patient safety.

6. A registered organization under this section may apply under
section thirty-three hundred sixty-five of this title to receive or
renew registration.

* 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