Marijuana101
Well-Known Member
When will bud be legal in NY?? I cant wait.
When Will It Be New Yorks Turn?
- Thread starter Marijuana101
- Start date
Delusional
Well-Known Member
Guess they do now. lol@Irony
ford442
Well-Known Member
new york is such a busy place that it sure would make sense to cut out the bullshit and streamline the system... new york is also such a beacon of progressive thought that i'm sure it wont be long before they follow california in proposing full legalization..
something got me thinking this evening.. - what are people saying is prison about this influx of pot smokers into jail in the past years..? could their obvious objection to this kind of unjust crap in the form of derisive shouts and constant murmurs of unrest - could it be actually making the justice system listen? thank god, i've never been in jail - but i'll bet a guard could take it to heart after hundreds of people wondering what the hell is going on in this country that we still carry out these witch hunts against our own citizens.... maybe that guard tells a warden and the warden tells his judge friends that they really should listen to the freaking people's outrage over being treated unfairly... or maybe i've watched too much NYPD Blue..? lol...
something got me thinking this evening.. - what are people saying is prison about this influx of pot smokers into jail in the past years..? could their obvious objection to this kind of unjust crap in the form of derisive shouts and constant murmurs of unrest - could it be actually making the justice system listen? thank god, i've never been in jail - but i'll bet a guard could take it to heart after hundreds of people wondering what the hell is going on in this country that we still carry out these witch hunts against our own citizens.... maybe that guard tells a warden and the warden tells his judge friends that they really should listen to the freaking people's outrage over being treated unfairly... or maybe i've watched too much NYPD Blue..? lol...
Marijuana101
Well-Known Member
I just cant wait...
SMNG2990
Active Member
cant wait either its decrimiized but paterson will never agree to it hell pass the gay mariage act for nys but not legal maraijuan mmmmm if ny stat eis in such a big deficit what woudl create more revenue income for the state gays getting maried or the legalization of marijuana too bad gottta wait til atterson out of office
ford442
Well-Known Member
well.. i don't think NY will be first to legalize, but as soon as Cali and other border states get proper regulation other states can observe the sudden influx of cash and pleased citizenry..
when weed was first prohibited it took a handful of states to agree - then the rest followed slowly.. it was the same when alcohol prohibition ended - some states held out until like 1986... wiki - " Kansas did not allow sale of liquor "by the drink" (on-premises) until 1987."
i sure hope it doesn't take until 2067.. i really do...
when weed was first prohibited it took a handful of states to agree - then the rest followed slowly.. it was the same when alcohol prohibition ended - some states held out until like 1986... wiki - " Kansas did not allow sale of liquor "by the drink" (on-premises) until 1987."
i sure hope it doesn't take until 2067.. i really do...
Black SS
Active Member
I lived in NY for 25 years and i believe they will never legalize marijuana there... New York has one of the highest unemployment rates in the country and people try to make money any way they can, from bootlegging dvd's and music to selling dope. The state makes too much money off of tickets, court fees and the confincation of dealers profits, homes, and vehicles to ever legalize it there. Plus weed helps the dirty cops with their children's college funds. 
notpatient
Well-Known Member
literally YOU's guys are the 15 revel in it son hopefully we will be next all hail the new york giants , IL will be soon to follow I pray
ford442
Well-Known Member
marijaneindeed
New Member
i was jsut about to post that ford!
lol, yall will have it soon enough.
alabama is already on tha bandwagon!
lol, yall will have it soon enough.
alabama is already on tha bandwagon!
marijaneindeed
New Member
thats awesome, alabama JUST brought up the bill HB434 for MediMary users.
Delusional
Well-Known Member
http://www.wgrz.com/news/local/story.aspx?storyid=66161
Governor Signs Rockefeller Drug Reform Laws
Governor David Paterson signed a bill into law Friday that reforms the state's Rockefeller Drug Laws. The governor has said for years that the laws are unfair and not operating in the way they were intended.
"In addition to being unjust, these policies simply aren't working," Paterson has said. "They've only created a revolving door where the offenders were mired in a cycle of arrest and abuse."
When first passed in 1973 by then-Governor Nelson Rockefeller, the laws were among the most strict in the nation. Possessing four ounces of narcotics could get an offender fifteen years to life in prison, which was the same penalty for second-degree murder. The sentencing guidelines have been relaxed some since then, but Friday morning the governor took an additional step.
The new bill allows first-time drug offenders, in all but the most serious cases, to receive treatment or probation for their crime.
"If you have somebody who's addicted to drugs it's better to get them treatment than to put them in prison," said Rachelle Cybulski, Erie County's Acting Director of Probation and Parole.
She approves of the reform, on that front, while many Republicans have blasted the measure for putting more drug offenders on the streets. Cybulski said she was, however, worried about how it would impact the caseload for her probation officers.
"If people aren't being sentenced to prisons for drug convictions then they'd probably be sentenced to probation," Cybulski said.
She added that, so far, there have been no indications that departments will get additional officers, but she said her employees will work hard to adapt to any additional caseloads they receive.
"We do have regulations, it's just that we need people in order to comply with those regulations," she said.
The governor pointed out that the reforms actually toughen penalties for certain higher-level offenders, and he said the new plan will save the state money by reducing the number of people incarcerated. Some of the money saved will go toward funding treatment centers for offenders.
Governor Signs Rockefeller Drug Reform Laws
Governor David Paterson signed a bill into law Friday that reforms the state's Rockefeller Drug Laws. The governor has said for years that the laws are unfair and not operating in the way they were intended.
"In addition to being unjust, these policies simply aren't working," Paterson has said. "They've only created a revolving door where the offenders were mired in a cycle of arrest and abuse."
When first passed in 1973 by then-Governor Nelson Rockefeller, the laws were among the most strict in the nation. Possessing four ounces of narcotics could get an offender fifteen years to life in prison, which was the same penalty for second-degree murder. The sentencing guidelines have been relaxed some since then, but Friday morning the governor took an additional step.
The new bill allows first-time drug offenders, in all but the most serious cases, to receive treatment or probation for their crime.
"If you have somebody who's addicted to drugs it's better to get them treatment than to put them in prison," said Rachelle Cybulski, Erie County's Acting Director of Probation and Parole.
She approves of the reform, on that front, while many Republicans have blasted the measure for putting more drug offenders on the streets. Cybulski said she was, however, worried about how it would impact the caseload for her probation officers.
"If people aren't being sentenced to prisons for drug convictions then they'd probably be sentenced to probation," Cybulski said.
She added that, so far, there have been no indications that departments will get additional officers, but she said her employees will work hard to adapt to any additional caseloads they receive.
"We do have regulations, it's just that we need people in order to comply with those regulations," she said.
The governor pointed out that the reforms actually toughen penalties for certain higher-level offenders, and he said the new plan will save the state money by reducing the number of people incarcerated. Some of the money saved will go toward funding treatment centers for offenders.
weedsofdestiny
Well-Known Member
http://www.mpp.org/states/new-york/
Check that link out anyone from New York that supports MJ... the House and Senate are introducing it (already have) identical legislation patients and care givers... you can read the bill's on the site... either way make sure to use the part on the site where you can automatically generate letters to send to your reps in the congress to tell them to support it.... its got quite a few co sponsors and is probably going to pass this summer.
weedsofdestiny
Well-Known Member
S T A T E O F N E W Y O R K
________________________________________________________________________
4041--A
2009-2010 Regular Sessions
I N S E N A T E
April 8, 2009
___________
Introduced by Sens. DUANE, BRESLIN, DILAN, ESPADA, HASSELL-THOMPSON,
KRUEGER, MONSERRATE, MONTGOMERY, OPPENHEIMER, PARKER, PERKINS, SAVINO,
SCHNEIDERMAN, STAVISKY, THOMPSON -- read twice and ordered printed,
and when printed to be committed to the Committee on Health -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the public health law and the general business law, in
relation to medical use of marihuana
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings and intent. The legislature finds that
2 thousands of New Yorkers have serious medical conditions that can be
3 improved by medically-approved use of marihuana. The law should not
4 stand between them and treatment necessary for life and health. This
5 legislation follows the well-established public policy that a controlled
6 substance can have a legitimate medical use. Many controlled substances
7 that are legal for medical use (such as morphine and steroids) are ille-
8 gal for any other use. The purposes of article 33 of the public health
9 law include allowing legitimate use of controlled substances in health
10 care, including palliative care. This policy and this legislation do not
11 in any way diminish New York state's strong public policy and laws
12 against illegal drug use, nor should it be deemed in any manner to advo-
13 cate, authorize, promote, or legally or socially accept the use of mari-
14 huana for children or adults, for any non-medical use. This legislation
15 is an appropriate exercise of the state's legislative power to protect
16 the health of its people under article 17 of the state constitution and
17 the tenth amendment of the United States constitution.
18 It is the legislative intent that this act be implemented consistently
19 with these findings and principles, through a reasonable and workable
20 system with appropriate oversight, evaluation and continuing research.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07082-04-9
S. 4041--A 2
1 S 2. Article 33 of the public health law is amended by adding a new
2 title 5-A to read as follows:
3 TITLE V-A
4 MEDICAL USE OF MARIHUANA
5 SECTION 3360. DEFINITIONS.
6 3361. CERTIFICATION OF PATIENTS.
7 3362. POSSESSION.
8 3363. REGISTRY IDENTIFICATION CARDS.
9 3364. REGISTERED ORGANIZATIONS.
10 3365. REGISTERING OF REGISTERED ORGANIZATIONS.
11 3366. REPORTS BY REGISTERED ORGANIZATIONS.
12 3367. FEDERAL AUTHORITY; REGISTERED ORGANIZATION IMPLEMENTATION
13 AND EFFECT.
14 3368. EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
15 3369. RELATION TO OTHER LAWS.
16 S 3360. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
17 HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
18 WISE:
19 1. "CERTIFIED MEDICAL USE" MEANS THE ACQUISITION, POSSESSION, MANUFAC-
20 TURE, USE, DELIVERY, TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF
21 MEDICAL MARIHUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR USE
22 AS PART OF THE TREATMENT OF THE PATIENT'S SERIOUS CONDITION SPECIFIED IN
23 A CERTIFICATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-ONE OF THIS
24 TITLE, INCLUDING ENABLING THE PATIENT TO TOLERATE TREATMENT FOR THE
25 SERIOUS CONDITION.
26 2. "CERTIFIED PATIENT" MEANS A PATIENT WHO IS CERTIFIED UNDER SECTION
27 THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
28 3. "CERTIFICATION" MEANS A CERTIFICATION, MADE UNDER SECTION
29 THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
30 4. "DESIGNATED CAREGIVER" MEANS THE INDIVIDUAL DESIGNATED BY A CERTI-
31 FIED PATIENT IN A REGISTRY APPLICATION.
32 5. "PUBLIC PLACE" MEANS A PUBLIC PLACE AS DEFINED IN SECTION 240.00 OF
33 THE PENAL LAW, A MOTOR VEHICLE AS DEFINED IN SECTION ONE HUNDRED TWEN-
34 TY-FIVE OF THE VEHICLE AND TRAFFIC LAW, AN AIRCRAFT AS DEFINED IN
35 SECTION TWO HUNDRED FORTY OF THE GENERAL BUSINESS LAW OR A VESSEL AS
36 DEFINED IN SECTION TWO OF THE NAVIGATION LAW.
37 6. "SERIOUS CONDITION" MEANS A SEVERE DEBILITATING OR LIFE-THREATENING
38 CONDITION, OR A CONDITION ASSOCIATED WITH OR A COMPLICATION OF SUCH A
39 CONDITION OR ITS TREATMENT (INCLUDING BUT NOT LIMITED TO INABILITY TO
40 TOLERATE FOOD, NAUSEA, VOMITING, DYSPHORIA OR PAIN).
41 7. "MEDICAL MARIHUANA" MEANS MARIHUANA AS DEFINED IN SUBDIVISION TWEN-
42 TY-ONE OF SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE ACQUIRED,
43 POSSESSED, MANUFACTURED, USED, DELIVERED, TRANSFERRED, TRANSPORTED, OR
44 ADMINISTERED BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR A CERTI-
45 FIED MEDICAL USE.
46 8. "REGISTERED ORGANIZATION" MEANS A REGISTERED ORGANIZATION UNDER
47 SECTIONS THIRTY-THREE HUNDRED SIXTY-FOUR AND THIRTY-THREE HUNDRED
48 SIXTY-FIVE OF THIS TITLE.
49 9. "REGISTRY APPLICATION" MEANS AN APPLICATION PROPERLY COMPLETED AND
50 FILED WITH THE DEPARTMENT BY A CERTIFIED PATIENT UNDER SECTION
51 THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
52 10. "REGISTRY IDENTIFICATION CARD" MEANS A DOCUMENT THAT IDENTIFIES A
53 CERTIFIED PATIENT OR DESIGNATED CAREGIVER, AS PROVIDED UNDER SECTION
54 THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
S. 4041--A 3
1 11. "USABLE MARIHUANA" MEANS MARIHUANA CONSISTING OF THE HARVESTED
2 LEAVES AND FLOWERS OF THE PLANT OF THE GENUS CANNABIS, BUT DOES NOT
3 INCLUDE ANY FOOD THAT IS NOT MARIHUANA.
4 12. "UNUSABLE MARIHUANA" MEANS SEEDS, STALKS, SEEDLINGS, AND UNUSABLE
5 ROOTS. "SEEDLING" MEANS A MARIHUANA PLANT THAT HAS NO FLOWERS, IS LESS
6 THAN TWELVE INCHES IN HEIGHT, AND IS LESS THAN TWELVE INCHES IN DIAM-
7 ETER.
8 S 3361. CERTIFICATION OF PATIENTS. 1. A PATIENT CERTIFICATION MAY ONLY
9 BE ISSUED IF A PRACTITIONER CERTIFIES THAT: (A) THE PATIENT HAS A SERI-
10 OUS CONDITION, WHICH SHALL BE SPECIFIED IN THE PATIENT'S HEALTH CARE
11 RECORD; (B) THE PATIENT IS UNDER THE PRACTITIONER'S CARE FOR THE SERIOUS
12 CONDITION; AND (C) IN THE PRACTITIONER'S PROFESSIONAL OPINION, THE
13 PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE
14 PRIMARY OR ADJUNCTIVE TREATMENT WITH MEDICAL USE OF MARIHUANA FOR THE
15 SERIOUS CONDITION.
16 2. THE CERTIFICATION SHALL BE IN WRITING AND INCLUDE (A) THE NAME,
17 DATE OF BIRTH AND ADDRESS OF THE PATIENT; (B) A STATEMENT THAT THE
18 PATIENT HAS A SERIOUS CONDITION; THE PATIENT IS UNDER THE PRACTITIONER'S
19 CARE FOR THE SERIOUS CONDITION AND, IN THE PRACTITIONER'S PROFESSIONAL
20 OPINION, THE PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE
21 BENEFIT FROM THE PRIMARY OR ADJUNCTIVE TREATMENT WITH MEDICAL USE OF
22 MARIHUANA FOR THE SERIOUS CONDITION; (C) THE DATE; AND (D) THE NAME,
23 ADDRESS, FEDERAL REGISTRATION NUMBER, TELEPHONE NUMBER, AND THE HAND-
24 WRITTEN SIGNATURE OF THE CERTIFYING PRACTITIONER. THE COMMISSIONER MAY
25 REQUIRE BY REGULATION THAT THE CERTIFICATION SHALL BE ON A FORM PROVIDED
26 BY THE DEPARTMENT IF THE COMMISSIONER DETERMINES THAT THE DEPARTMENT IS
27 MAKING CERTIFICATION FORMS ADEQUATELY AVAILABLE.
28 3. THE PRACTITIONER SHALL GIVE THE CERTIFICATION TO THE CERTIFIED
29 PATIENT, AND PLACE A COPY IN THE PATIENT'S HEALTH CARE RECORD.
30 4. NO PRACTITIONER SHALL ISSUE A CERTIFICATION UNDER THIS SECTION FOR
31 HIMSELF OR HERSELF.
32 5. A REGISTRY IDENTIFICATION CARD BASED ON A CERTIFICATION SHALL
33 EXPIRE ONE YEAR AFTER THE DATE THE CERTIFICATION IS SIGNED BY THE PRAC-
34 TITIONER; EXCEPT THAT WHERE A CERTIFIED PATIENT HAS A REGISTRY IDENTIFI-
35 CATION CARD BASED ON A CURRENT VALID CERTIFICATION, A NEW REGISTRY IDEN-
36 TIFICATION CARD BASED ON A NEW CERTIFICATION SHALL EXPIRE ONE YEAR AFTER
37 THE EXPIRATION OF THE REGISTRY IDENTIFICATION CARD BASED ON THE CURRENT
38 VALID CERTIFICATION. HOWEVER, IF THE PRACTITIONER STATES IN THE CERTIF-
39 ICATION THAT HE OR SHE BELIEVES THE PATIENT WOULD BENEFIT FROM MEDICAL
40 MARIHUANA ONLY UNTIL A SPECIFIED EARLIER DATE, THEN THE REGISTRY IDEN-
41 TIFICATION CARD SHALL EXPIRE ON THAT DATE.
42 S 3362. POSSESSION. 1. THE POSSESSION, ACQUISITION, MANUFACTURE, USE,
43 DELIVERY, TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF MEDICAL MARI-
44 HUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER POSSESSING A VALID
45 REGISTRY IDENTIFICATION CARD, FOR CERTIFIED MEDICAL USE, SHALL BE LAWFUL
46 UNDER THIS TITLE; PROVIDED THAT THE MARIHUANA THAT MAY BE POSSESSED BY A
47 CERTIFIED PATIENT AND SUCH CERTIFIED PATIENT'S DESIGNATED CAREGIVER DOES
48 NOT, IN TOTAL EXCEED TWELVE PLANTS AND A TOTAL AGGREGATE WEIGHT OF TWO
49 AND ONE-HALF OUNCES OF USABLE MARIHUANA. A CERTIFIED PATIENT OR DESIG-
50 NATED CAREGIVER POSSESSING A VALID REGISTRY IDENTIFICATION CARD MAY ALSO
51 LAWFULLY POSSESS A REASONABLE AMOUNT OF UNUSABLE MARIHUANA, INCLUDING UP
52 TO TWELVE SEEDLINGS, WHICH SHALL NOT BE COUNTED TOWARD THE LIMITS IN
53 THIS SECTION. THE PLANTS SHALL BE KEPT IN A CLOSET, ROOM, GREENHOUSE OR
54 OTHER ENCLOSED AREA EQUIPPED WITH LOCKS OR OTHER SECURITY DEVICES THAT
55 PERMIT ACCESS ONLY BY THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER,
56 UNLESS THEY ARE BEING TRANSPORTED BECAUSE THE CERTIFIED PATIENT IS
S. 4041--A 4
1 MOVING OR IF THEY ARE BEING TRANSPORTED TO A DESIGNATED CAREGIVER'S OR A
2 CERTIFIED PATIENT'S PROPERTY. A DESIGNATED CAREGIVER MAY POSSESS THE
3 QUANTITIES REFERRED TO IN THIS SUBDIVISION FOR EACH CERTIFIED PATIENT
4 FOR WHOM THE CAREGIVER POSSESSES A VALID REGISTRY IDENTIFICATION CARD,
5 UP TO FIVE CERTIFIED PATIENTS.
6 2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION: (A) POSSESSION OF
7 MARIHUANA SHALL NOT BE LAWFUL UNDER THIS TITLE IF IT IS CONSUMED OR
8 DISPLAYED IN A PUBLIC PLACE; (B) MEDICAL MARIHUANA MAY NOT BE SMOKED IN
9 ANY PLACE WHERE TOBACCO MAY NOT BE SMOKED UNDER ARTICLE THIRTEEN-E OF
10 THIS CHAPTER; (C) EXCEPT THAT IN A HEALTH CARE FACILITY, MEDICAL MARI-
11 HUANA MAY BE SMOKED BY A PATIENT OF THE FACILITY, SUBJECT TO OTHER
12 PROVISIONS OF THIS TITLE, IN AN AREA, AND UNDER CIRCUMSTANCES, PERMITTED
13 BY THE FACILITY, PROVIDED THAT THE PATIENT DOES NOT SMOKE IN THE PRES-
14 ENCE OF PATIENTS WHO ARE NOT CERTIFIED UNDER THIS TITLE.
15 3. IT SHALL BE LAWFUL UNDER THIS ARTICLE TO GIVE OR DISPOSE OF MARI-
16 HUANA TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR A CERTIFIED
17 MEDICAL USE WHERE NOTHING OF VALUE IS TRANSFERRED IN RETURN, OR TO OFFER
18 TO DO THE SAME. THIS PROHIBITION ON TRANSFERRING OR OFFERING TO TRANS-
19 FER A THING OF VALUE SHALL NOT (A) APPLY TO SALE OF MEDICAL MARIHUANA TO
20 OR BY A REGISTERED ORGANIZATION UNDER THIS ARTICLE; NOR (B) PREVENT A
21 DESIGNATED CAREGIVER FROM BEING REIMBURSED FOR ACTIVITIES RELATING TO
22 CARING FOR A CERTIFIED PATIENT, INCLUDING, BUT NOT LIMITED TO,
23 REIMBURSEMENT FOR LEGITIMATE EXPENSES RELATING TO THE MANUFACTURE OF
24 MEDICAL MARIHUANA OR THE PURCHASE OF MEDICAL MARIHUANA FROM A REGISTERED
25 ORGANIZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-SIX OF THIS TITLE.
26 4. NO SCHOOL, EMPLOYER OR LANDLORD SHALL REFUSE TO ENROLL, EMPLOY OR
27 LEASE TO OR OTHERWISE PENALIZE A PERSON SOLELY FOR HIS OR HER STATUS AS
28 A CERTIFIED PATIENT OR DESIGNATED CAREGIVER; PROVIDED, HOWEVER, THAT
29 NOTHING IN THIS PARAGRAPH REQUIRES A SCHOOL, EMPLOYER OR LANDLORD TO
30 MAKE ANY ADDITIONAL ACCOMMODATIONS.
31 S 3363. REGISTRY IDENTIFICATION CARDS. 1. THE DEPARTMENT SHALL ISSUE
32 REGISTRY IDENTIFICATION CARDS FOR CERTIFIED PATIENTS AND DESIGNATED
33 CAREGIVERS. A REGISTRY IDENTIFICATION CARD SHALL EXPIRE AS PROVIDED IN
34 SECTION THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE OR AS OTHERWISE
35 PROVIDED IN THIS SECTION. THE DEPARTMENT SHALL BEGIN ISSUING REGISTRY
36 IDENTIFICATION CARDS NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE
37 EFFECTIVE DATE OF THIS SECTION. THE DEPARTMENT MAY SPECIFY A FORM FOR A
38 REGISTRY APPLICATION, IN WHICH CASE THE DEPARTMENT SHALL PROVIDE THE
39 FORM ON REQUEST, REPRODUCTIONS OF THE FORM MAY BE USED, AND THE FORM
40 SHALL BE AVAILABLE FOR DOWNLOADING FROM THE DEPARTMENT'S WEBSITE.
41 2. TO OBTAIN OR RENEW A REGISTRY IDENTIFICATION CARD, A CERTIFIED
42 PATIENT SHALL FILE A REGISTRY APPLICATION WITH THE DEPARTMENT. THE
43 REGISTRY APPLICATION OR RENEWAL APPLICATION SHALL INCLUDE:
44 (A) A COPY OF THE PATIENT'S CERTIFICATION (A NEW WRITTEN CERTIFICATION
45 SHALL BE PROVIDED WITH A RENEWAL APPLICATION);
46 (B) (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT; (II) THE
47 DATE OF THE CERTIFICATION; (III) IF THE PATIENT HAS A REGISTRY IDENTIFI-
48 CATION CARD BASED ON A CURRENT VALID CERTIFICATION, THE REGISTRY IDEN-
49 TIFICATION NUMBER AND EXPIRATION DATE OF THAT REGISTRY IDENTIFICATION
50 CARD; (IV) THE SPECIFIED DATE UNTIL WHICH THE PATIENT WOULD BENEFIT FROM
51 MEDICAL MARIHUANA, IF THE CERTIFICATION STATES SUCH A DATE; (V) THE
52 NAME, ADDRESS, FEDERAL REGISTRATION NUMBER, AND TELEPHONE NUMBER OF THE
53 CERTIFYING PRACTITIONER; AND (VI) OTHER INDIVIDUAL IDENTIFYING INFORMA-
54 TION REQUIRED BY THE DEPARTMENT;
55 (C) IF THE PATIENT DESIGNATES A DESIGNATED CAREGIVER, THE NAME,
56 ADDRESS, AND DATE OF BIRTH OF THE DESIGNATED CAREGIVER, AND OTHER INDI-
S. 4041--A 5
1 VIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPARTMENT; A CERTIFIED
2 PATIENT MAY DESIGNATE UP TO TWO DESIGNATED CAREGIVERS;
3 (D) A STATEMENT THAT A FALSE STATEMENT MADE IN THE APPLICATION IS
4 PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW;
5 (E) THE DATE OF THE APPLICATION AND THE SIGNATURE OF THE CERTIFIED
6 PATIENT; AND
7 (F) A REASONABLE APPLICATION FEE, AS DETERMINED BY THE DEPARTMENT;
8 PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE THE FEE IN CASES OF
9 FINANCIAL HARDSHIP.
10 3. WHERE A CERTIFIED PATIENT IS UNDER THE AGE OF EIGHTEEN:
11 (A) THE APPLICATION FOR A REGISTRY IDENTIFICATION CARD SHALL BE MADE
12 BY AN APPROPRIATE PERSON OVER TWENTY-ONE YEARS OF AGE. THE APPLICATION
13 SHALL STATE FACTS DEMONSTRATING THAT THE PERSON IS APPROPRIATE.
14 (B) THE DESIGNATED CAREGIVER SHALL BE (I) A PARENT OR LEGAL GUARDIAN
15 OF THE CERTIFIED PATIENT, (II) A PERSON DESIGNATED BY A PARENT OR LEGAL
16 GUARDIAN, OR (III) AN APPROPRIATE PERSON APPROVED BY THE DEPARTMENT UPON
17 A SUFFICIENT SHOWING THAT NO PARENT OR LEGAL GUARDIAN IS APPROPRIATE OR
18 AVAILABLE.
19 4. NO PERSON MAY BE A DESIGNATED CAREGIVER IF THE PERSON IS UNDER
20 TWENTY-ONE YEARS OF AGE UNLESS A SUFFICIENT SHOWING IS MADE TO THE
21 DEPARTMENT THAT THE PERSON SHOULD BE PERMITTED TO SERVE AS A DESIGNATED
22 CAREGIVER.
23 5. NO PERSON MAY BE A DESIGNATED CAREGIVER FOR MORE THAN FIVE CERTI-
24 FIED PATIENTS AT ONE TIME. A DESIGNATED CAREGIVER SHALL CARRY A SEPARATE
25 REGISTRY IDENTIFICATION CARD FOR EACH CERTIFIED PATIENT FOR WHOM HE OR
26 SHE IS A DESIGNATED CAREGIVER. EACH REGISTRY IDENTIFICATION CARD SHALL
27 CONTAIN THE SAME REGISTRY IDENTIFICATION NUMBER SPECIFIED IN THIS
28 SECTION.
29 6. THE DEPARTMENT SHALL ISSUE SEPARATE REGISTRY IDENTIFICATION CARDS
30 FOR THE CERTIFIED PATIENT AND THE DESIGNATED CAREGIVER (IF ONE IS DESIG-
31 NATED IN THE REGISTRY APPLICATION) WITHIN THIRTY DAYS OF RECEIVING A
32 COMPLETE APPLICATION UNDER THIS SECTION, UNLESS IT DETERMINES THAT THE
33 APPLICATION IS INCOMPLETE OR FACIALLY INACCURATE, IN WHICH CASE IT SHALL
34 PROMPTLY NOTIFY THE APPLICANT.
35 7. IF THE DEPARTMENT DOES NOT APPROVE THE DESIGNATION OF AN INDIVID-
36 UAL AS A DESIGNATED CAREGIVER, THAT SHALL NOT AFFECT THE APPROVAL OF THE
37 APPLICATION AS TO THE CERTIFIED PATIENT.
38 8. A REGISTRY IDENTIFICATION CARD SHALL CONTAIN:
39 (A) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE CERTIFIED PATIENT AND
40 THE DESIGNATED CAREGIVER (IF ONE IS DESIGNATED IN THE REGISTRY APPLICA-
41 TION);
42 (B) THE DATE OF ISSUANCE AND EXPIRATION DATE OF THE REGISTRY IDENTIFI-
43 CATION CARD;
44 (C) A REGISTRY IDENTIFICATION NUMBER FOR THE CERTIFIED PATIENT AND A
45 REGISTRY IDENTIFICATION NUMBER FOR THE DESIGNATED CAREGIVER (IF ONE IS
46 DESIGNATED IN THE REGISTRY APPLICATION); AND
47 (D) A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE REGISTRY IDENTIFICATION
48 CARD IS BEING ISSUED, WHICH SHALL BE OBTAINED BY THE DEPARTMENT IN A
49 MANNER SPECIFIED BY THE COMMISSIONER IN REGULATIONS; PROVIDED, HOWEVER,
50 THAT IF THE DEPARTMENT REQUIRED CERTIFIED PATIENTS TO SUBMIT PHOTOGRAPHS
51 FOR THIS PURPOSE, THERE SHALL BE A REASONABLE ACCOMMODATION OF CERTIFIED
52 PATIENTS WHO ARE CONFINED TO THEIR HOMES DUE TO THEIR MEDICAL CONDITIONS
53 AND MAY THEREFORE HAVE DIFFICULTY PROCURING PHOTOGRAPHS.
54 9. A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WHO HAS BEEN ISSUED A
55 REGISTRY IDENTIFICATION CARD SHALL NOTIFY THE DEPARTMENT OF ANY CHANGE
56 IN HIS OR HER NAME OR ADDRESS OR, WITH RESPECT TO THE PATIENT, OR IF HE
S. 4041--A 6
1 OR SHE CEASES TO HAVE THE SERIOUS CONDITION NOTED ON THE CERTIFICATION,
2 WITHIN TEN DAYS OF SUCH CHANGE.
3 10. THE DEPARTMENT SHALL MAINTAIN A CONFIDENTIAL LIST OF THE PERSONS
4 TO WHOM IT HAS ISSUED REGISTRY IDENTIFICATION CARDS. INDIVIDUAL IDENTI-
5 FYING INFORMATION OBTAINED BY THE DEPARTMENT UNDER THIS TITLE SHALL BE
6 CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC
7 OFFICERS LAW. NOTWITHSTANDING THIS SUBDIVISION, THE DEPARTMENT MAY NOTI-
8 FY ANY APPROPRIATE LAW ENFORCEMENT AGENCY OF INFORMATION RELATING TO ANY
9 VIOLATION OR SUSPECTED VIOLATION OF THIS TITLE.
10 11. THE DEPARTMENT SHALL VERIFY TO LAW ENFORCEMENT PERSONNEL IN AN
11 APPROPRIATE CASE WHETHER A REGISTRY IDENTIFICATION CARD IS VALID.
12 12. IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WILLFULLY VIOLATES
13 ANY PROVISION OF THIS TITLE AS DETERMINED BY THE DEPARTMENT, HIS OR HER
14 REGISTRY IDENTIFICATION CARD MAY BE REVOKED. THIS IS IN ADDITION TO ANY
15 OTHER PENALTY THAT MAY APPLY.
16 13. TEMPORARY REGISTRY IDENTIFICATION CARDS. (A) REGISTRY IMPLEMENTA-
17 TION DATE. AS USED IN THIS SUBDIVISION, THE "REGISTRY IMPLEMENTATION
18 DATE" IS THE DATE DETERMINED BY THE COMMISSIONER WHEN THE DEPARTMENT IS
19 READY TO RECEIVE AND EXPEDITIOUSLY ACT ON APPLICATIONS FOR REGISTRY
20 IDENTIFICATION CARDS UNDER THIS SECTION. THE COMMISSIONER SHALL GIVE AT
21 LEAST SIXTY DAYS PRIOR WRITTEN PUBLIC NOTICE OF THE REGISTRY IDENTIFICA-
22 TION DATE, BY PUBLICATION IN THE STATE REGISTER.
23 (B)(I) CERTIFIED PATIENT. A COPY OF THE CERTIFIED PATIENT'S CERTIF-
24 ICATION SHALL TEMPORARILY SERVE AS AND HAVE THE SAME EFFECT AS HIS OR
25 HER REGISTRY IDENTIFICATION CARD. IT SHALL EXPIRE AS A REGISTRY IDEN-
26 TIFICATION CARD ON THE EARLIER OF THE EXPIRATION DATE OF THE CERTIF-
27 ICATION OR SIXTY DAYS AFTER THE REGISTRY IMPLEMENTATION DATE.
28 (II) DESIGNATED CAREGIVER. A COPY OF THE CERTIFIED PATIENT'S CERTIF-
29 ICATION, TOGETHER WITH A COPY OF A WRITTEN STATEMENT SIGNED BY THE
30 CERTIFIED PATIENT CONTAINING THE SAME INFORMATION AS AN APPLICATION FOR
31 A REGISTRY IDENTIFICATION CARD UNDER THIS SECTION DESIGNATING A PERSON
32 AS THE CERTIFIED PATIENT'S DESIGNATED CAREGIVER, SHALL TEMPORARILY SERVE
33 AS AND HAVE THE SAME EFFECT AS A REGISTRY IDENTIFICATION CARD FOR THE
34 DESIGNATED CAREGIVER. IN THE CASE OF A CERTIFIED PATIENT UNDER EIGHTEEN
35 YEARS OF AGE, THE STATEMENT SHALL BE SIGNED BY A PERSON AUTHORIZED TO
36 MAKE AN APPLICATION UNDER THIS SECTION FOR THE CERTIFIED PATIENT. IT
37 SHALL EXPIRE AS A REGISTRY IDENTIFICATION CARD ON THE EARLIER OF THE
38 EXPIRATION DATE OF THE CERTIFICATION OR SIXTY DAYS AFTER THE REGISTRY
39 IMPLEMENTATION DATE.
40 (C) ON AND AFTER THE REGISTRY IMPLEMENTATION DATE, UPON RECEIPT OF AN
41 APPLICATION FOR A REGISTRY IDENTIFICATION CARD, THE DEPARTMENT SHALL
42 SEND TO THE APPLICANT A LETTER ACKNOWLEDGING SUCH RECEIPT. WHILE THE
43 APPLICATION FOR A REGISTRY IDENTIFICATION CARD IS PENDING, A COPY OF THE
44 REGISTRY APPLICATION, TOGETHER WITH A COPY OF THE CERTIFICATION AND A
45 COPY OF THE LETTER OF RECEIPT FROM THE DEPARTMENT, SHALL SERVE AS AND
46 HAVE THE SAME EFFECT AS A REGISTRY IDENTIFICATION CARD FOR THE CERTIFIED
47 PATIENT AND DESIGNATED CAREGIVER IF ANY, PROVIDED THAT A CERTIFICATION
48 AND APPLICATION SHALL NOT SERVE AS A VALID REGISTRY IDENTIFICATION CARD
49 AFTER THE INITIAL THIRTY DAY PERIOD UNDER SUBDIVISION SIX OF THIS
50 SECTION. THIS PARAGRAPH SHALL EXPIRE AND HAVE NO EFFECT ONE YEAR AFTER
51 THE REGISTRY IMPLEMENTATION DATE.
52 S 3364. REGISTERED ORGANIZATIONS. 1. A REGISTERED ORGANIZATION SHALL
53 BE:
54 (A) A PHARMACY;
55 (B) A FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER;
S. 4041--A 7
1 (C) A NOT-FOR-PROFIT CORPORATION ORGANIZED FOR THE PURPOSE OF ACQUIR-
2 ING, POSSESSING, MANUFACTURING, SELLING, DELIVERING, TRANSPORTING OR
3 DISTRIBUTING MARIHUANA FOR CERTIFIED MEDICAL USE;
4 (D) THE DEPARTMENT;
5 (E) A LOCAL HEALTH DEPARTMENT; OR
6 (F) A REGISTERED PRODUCER, WHICH SHALL BE A PERSON OR ENTITY, WITH
7 APPROPRIATE EXPERTISE IN AGRICULTURE, REGISTERED FOR THE PURPOSE OF
8 ACQUIRING OR MANUFACTURING MARIHUANA AND SELLING, DELIVERING, TRANSPORT-
9 ING, OR DISTRIBUTING IT TO ANOTHER REGISTERED ORGANIZATION; A CERTIFIED
10 PRODUCER SHALL NOT SELL, DELIVER OR DISTRIBUTE MARIHUANA TO A CERTIFIED
11 PATIENT OR DESIGNATED CAREGIVER FOR THAT PERSON'S USE.
12 2. THE ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIVERY, TRANSPORT-
13 ING OR DISTRIBUTING OF MARIHUANA BY A REGISTERED ORGANIZATION UNDER THIS
14 TITLE IN ACCORDANCE WITH ITS REGISTRATION UNDER SECTION THIRTY-THREE
15 HUNDRED SIXTY-FIVE OF THIS TITLE OR A RENEWAL THEREOF SHALL BE LAWFUL
16 UNDER THIS TITLE.
17 3. A REGISTERED ORGANIZATION (OTHER THAN A REGISTERED PRODUCER) MAY
18 LAWFULLY, IN GOOD FAITH, SELL, DELIVER OR DISTRIBUTE MEDICAL MARIHUANA
19 TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER UPON PRESENTATION TO THE
20 REGISTERED ORGANIZATION OF A VALID REGISTRY IDENTIFICATION CARD FOR THAT
21 CERTIFIED PATIENT OR DESIGNATED CAREGIVER. WHEN PRESENTED WITH THE
22 REGISTRY IDENTIFICATION CARD, THE REGISTERED ORGANIZATION SHALL PROVIDE
23 TO THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER A RECEIPT, WHICH SHALL
24 STATE: THE NAME, ADDRESS, AND REGISTRY IDENTIFICATION NUMBER OF THE
25 REGISTERED ORGANIZATION; THE NAME AND ADDRESS OF THE CERTIFIED PATIENT
26 AND THE DESIGNATED CAREGIVER (IF ANY); AND THE QUANTITY OF MARIHUANA
27 SOLD. THE REGISTERED ORGANIZATION SHALL RETAIN A COPY OF THE REGISTRY
28 IDENTIFICATION CARD AND THE RECEIPT.
29 4. NO REGISTERED ORGANIZATION MAY SELL, DELIVER OR DISTRIBUTE TO ANY
30 CERTIFIED PATIENT OR DESIGNATED CAREGIVER A QUANTITY OF MEDICAL MARIHUA-
31 NA LARGER THAN THAT INDIVIDUAL WOULD BE ALLOWED TO POSSESS UNDER THIS
32 TITLE.
33 5. WHEN A REGISTERED ORGANIZATION SELLS, DELIVERS OR DISTRIBUTES
34 MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER, IT
35 SHALL PROVIDE TO THAT INDIVIDUAL A SAFETY INSERT, WHICH WILL BE DEVEL-
36 OPED AND APPROVED BY THE COMMISSIONER AND INCLUDE, BUT NOT BE LIMITED
37 TO, INFORMATION ON: (A) METHODS FOR ADMINISTERING MEDICAL MARIHUANA, (B)
38 ANY POTENTIAL DANGERS STEMMING FROM THE USE OF MEDICAL MARIHUANA, AND
39 (C) HOW TO RECOGNIZE WHAT MAY BE PROBLEMATIC USAGE OF MEDICAL MARIHUANA
40 AND OBTAIN APPROPRIATE SERVICES OR TREATMENT FOR PROBLEMATIC USAGE.
41 S 3365. REGISTERING OF REGISTERED ORGANIZATIONS. 1. APPLICATION FOR
42 INITIAL REGISTRATION. (A) AN APPLICANT FOR REGISTRATION AS A REGISTERED
43 ORGANIZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE
44 SHALL FURNISH TO THE DEPARTMENT A DESCRIPTION OF THE ACTIVITIES IN WHICH
45 IT INTENDS TO ENGAGE AS A REGISTERED ORGANIZATION AND ANY INFORMATION
46 THE DEPARTMENT SHALL REASONABLY REQUIRE AND EVIDENCE THAT THE APPLICANT:
47 (I) AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARACTER;
48 (II) POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT LAND, BUILDINGS AND
49 EQUIPMENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICA-
50 TION;
51 (III) IS ABLE TO MAINTAIN EFFECTIVE CONTROL AGAINST DIVERSION OF THE
52 MARIHUANA; AND
53 (IV) IS ABLE TO COMPLY WITH ALL APPLICABLE STATE LAWS AND REGULATIONS
54 RELATING TO THE ACTIVITIES IN WHICH IT INTENDS TO ENGAGE UNDER THE
55 REGISTRATION.
S. 4041--A 8
1 (B) THE APPLICATION SHALL ESTABLISH THE APPLICANT'S STATUS UNDER PARA-
2 GRAPH (A), (B), (C), (D) OR (E) OF SUBDIVISION ONE OF SECTION
3 THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE.
4 (C) THE APPLICATION SHALL INCLUDE THE NAME, RESIDENCE ADDRESS AND
5 TITLE OF EACH OF THE OFFICERS AND DIRECTORS AND THE NAME AND RESIDENCE
6 ADDRESS OF ANY PERSON OR ENTITY THAT IS A MEMBER OF THE APPLICANT. EACH
7 SUCH PERSON, IF AN INDIVIDUAL, OR LAWFUL REPRESENTATIVE IF A LEGAL ENTI-
8 TY, SHALL SUBMIT AN AFFIDAVIT WITH THE APPLICATION SETTING FORTH:
9 (I) ANY POSITION OF MANAGEMENT OR OWNERSHIP DURING THE PRECEDING TEN
10 YEARS OF A TEN PER CENTUM OR GREATER INTEREST IN ANY OTHER BUSINESS,
11 LOCATED IN OR OUTSIDE THIS STATE, MANUFACTURING OR DISTRIBUTING DRUGS;
12 (II) WHETHER SUCH PERSON OR ANY SUCH BUSINESS HAS BEEN CONVICTED,
13 FINED, CENSURED OR HAD A REGISTRATION SUSPENDED OR REVOKED IN ANY ADMIN-
14 ISTRATIVE OR JUDICIAL PROCEEDING RELATING TO OR ARISING OUT OF THE MANU-
15 FACTURE, DISTRIBUTION, SALE, OR POSSESSION OF DRUGS; AND
16 (III) SUCH OTHER INFORMATION AS THE COMMISSIONER MAY REASONABLY
17 REQUIRE.
18 (D) THE APPLICANT SHALL BE UNDER A CONTINUING DUTY TO REPORT TO THE
19 DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED IN THE APPLI-
20 CATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUMSTANCE WHICH
21 IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
22 2. GRANTING OF REGISTRATION. (A) THE COMMISSIONER SHALL GRANT A REGIS-
23 TRATION OR AMENDMENT TO A REGISTRATION UNDER THIS SECTION IF HE OR SHE
24 IS SATISFIED THAT:
25 (I) THE APPLICANT WILL BE ABLE TO MAINTAIN EFFECTIVE CONTROL AGAINST
26 DIVERSION OF MARIHUANA;
27 (II) THE APPLICANT WILL BE ABLE TO COMPLY WITH ALL APPLICABLE STATE
28 LAWS;
29 (III) THE APPLICANT AND ITS OFFICERS ARE READY, WILLING AND ABLE TO
30 PROPERLY CARRY ON THE MANUFACTURING OR DISTRIBUTING ACTIVITY FOR WHICH A
31 REGISTRATION IS SOUGHT;
32 (IV) THE APPLICANT POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT LAND,
33 BUILDINGS AND EQUIPMENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN
34 THE APPLICATION;
35 (V) IT IS IN THE PUBLIC INTEREST THAT SUCH REGISTRATION BE GRANTED;
36 AND
37 (VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
38 TER.
39 (B) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT SHOULD BE
40 ISSUED A REGISTRATION, HE OR SHE SHALL NOTIFY THE APPLICANT IN WRITING
41 OF THOSE FACTORS UPON WHICH FURTHER EVIDENCE IS REQUIRED. WITHIN THIRTY
42 DAYS OF THE RECEIPT OF SUCH NOTIFICATION, THE APPLICANT MAY SUBMIT ADDI-
43 TIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEARING OR BOTH.
44 (C) THE FEE FOR A REGISTRATION UNDER THIS SECTION SHALL BE ONE THOU-
45 SAND TWO HUNDRED DOLLARS; PROVIDED HOWEVER, IF THE REGISTRATION IS
46 ISSUED FOR A PERIOD GREATER THAN TWO YEARS THE FEE SHALL BE INCREASED,
47 PRO RATA, FOR EACH ADDITIONAL MONTH OF VALIDITY.
48 (D) REGISTRATIONS ISSUED UNDER THIS SECTION SHALL BE EFFECTIVE ONLY
49 FOR AND SHALL SPECIFY:
50 (I) THE NAME AND ADDRESS OF THE REGISTERED ORGANIZATION; AND
51 (II) WHICH ACTIVITIES OF A REGISTERED ORGANIZATION ARE PERMITTED BY
52 THE REGISTRATION.
53 (E) UPON APPLICATION OF A REGISTERED ORGANIZATION, A REGISTRATION MAY
54 BE AMENDED TO ALLOW THE REGISTERED ORGANIZATION TO RELOCATE WITHIN THE
55 STATE OR TO ADD OR DELETE PERMITTED REGISTERED ORGANIZATION ACTIVITIES.
56 THE FEE FOR SUCH AMENDMENT SHALL BE TWO HUNDRED FIFTY DOLLARS.
S. 4041--A 9
1 3. A REGISTRATION ISSUED UNDER THIS SECTION SHALL BE VALID FOR TWO
2 YEARS FROM THE DATE OF ISSUE, EXCEPT THAT IN ORDER TO FACILITATE THE
3 RENEWALS OF SUCH REGISTRATIONS, THE COMMISSIONER MAY UPON THE INITIAL
4 APPLICATION FOR A REGISTRATION, ISSUE SOME REGISTRATIONS WHICH MAY
5 REMAIN VALID FOR A PERIOD OF TIME GREATER THAN TWO YEARS BUT NOT EXCEED-
6 ING AN ADDITIONAL ELEVEN MONTHS.
7 4. APPLICATIONS FOR RENEWAL OF REGISTRATIONS. (A) AN APPLICATION FOR
8 THE RENEWAL OF ANY REGISTRATION ISSUED UNDER THIS SECTION SHALL BE FILED
9 WITH THE DEPARTMENT NOT MORE THAN SIX MONTHS NOR LESS THAN FOUR MONTHS
10 PRIOR TO THE EXPIRATION THEREOF. A LATE-FILED APPLICATION FOR THE
11 RENEWAL OF A REGISTRATION MAY, IN THE DISCRETION OF THE COMMISSIONER, BE
12 TREATED AS AN APPLICATION FOR AN INITIAL LICENSE.
13 (B) THE APPLICATION FOR RENEWAL SHALL INCLUDE SUCH INFORMATION
14 PREPARED IN THE MANNER AND DETAIL AS THE COMMISSIONER MAY REQUIRE,
15 INCLUDING BUT NOT LIMITED TO:
16 (I) ANY MATERIAL CHANGE IN THE CIRCUMSTANCES OR FACTORS LISTED IN
17 SUBDIVISION ONE OF THIS SECTION; AND
18 (II) EVERY KNOWN CHARGE OR INVESTIGATION, PENDING OR CONCLUDED DURING
19 THE PERIOD OF THE REGISTRATION, BY ANY GOVERNMENTAL AGENCY WITH RESPECT
20 TO:
21 (1) EACH INCIDENT OR ALLEGED INCIDENT INVOLVING THE THEFT, LOSS, OR
22 POSSIBLE DIVERSION OF MARIHUANA MANUFACTURED OR DISTRIBUTED BY THE
23 APPLICANT; AND
24 (2) COMPLIANCE BY THE APPLICANT WITH THE LAWS OF THE STATE WITH
25 RESPECT TO ANY SUBSTANCE LISTED IN SECTION THIRTY-THREE HUNDRED SIX OF
26 THIS ARTICLE.
27 (C) AN APPLICANT FOR RENEWAL SHALL BE UNDER A CONTINUING DUTY TO
28 REPORT TO THE DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED
29 IN THE APPLICATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUM-
30 STANCE WHICH IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
31 (D) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT IS ENTI-
32 TLED TO A RENEWAL OF THE REGISTRATION, HE OR SHE SHALL WITHIN FORTY-FIVE
33 DAYS AFTER THE FILING OF THE APPLICATION SERVE UPON THE APPLICANT OR HIS
34 OR HER ATTORNEY OF RECORD IN PERSON OR BY REGISTERED OR CERTIFIED MAIL
35 AN ORDER DIRECTING THE APPLICANT TO SHOW CAUSE WHY HIS OR HER APPLICA-
36 TION FOR RENEWAL SHOULD NOT BE DENIED. THE ORDER SHALL SPECIFY IN DETAIL
37 THE RESPECTS IN WHICH THE APPLICANT HAS NOT SATISFIED THE COMMISSIONER
38 THAT THE REGISTRATION SHOULD BE RENEWED.
39 (E) WITHIN THIRTY DAYS OF SERVICE OF SUCH ORDER, THE APPLICANT MAY
40 EITHER SUBMIT ADDITIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEAR-
41 ING OR BOTH. IF A HEARING IS DEMANDED, THE COMMISSIONER SHALL FIX A DATE
42 FOR A HEARING NOT SOONER THAN FIFTEEN DAYS NOR LATER THAN THIRTY DAYS
43 AFTER RECEIPT OF THE DEMAND, UNLESS SUCH TIME LIMITATION IS WAIVED BY
44 THE APPLICANT.
45 5. GRANTING OF RENEWAL OF REGISTRATIONS. (A) THE COMMISSIONER SHALL
46 RENEW A REGISTRATION UNLESS HE OR SHE DETERMINES AND FINDS THAT THE
47 APPLICANT:
48 (I) IS UNLIKELY TO MAINTAIN OR BE ABLE TO MAINTAIN EFFECTIVE CONTROL
49 AGAINST DIVERSION; OR
50 (II) IS UNLIKELY TO COMPLY WITH ALL STATE LAWS APPLICABLE TO THE
51 ACTIVITIES IN WHICH IT MAY ENGAGE UNDER THE REGISTRATION.
52 (B) FOR PURPOSES OF THIS SECTION, PROOF THAT A REGISTERED ORGANIZA-
53 TION, DURING THE PERIOD OF ITS REGISTRATION, HAS FAILED TO MAINTAIN
54 EFFECTIVE CONTROL AGAINST DIVERSION OR HAS KNOWINGLY OR NEGLIGENTLY
55 FAILED TO COMPLY WITH APPLICABLE STATE LAWS RELATING TO THE ACTIVITIES
56 IN WHICH IT ENGAGES UNDER THE REGISTRATION, SHALL CONSTITUTE SUBSTANTIAL
S. 4041--A 10
1 EVIDENCE THAT THE APPLICANT WILL BE UNLIKELY TO MAINTAIN EFFECTIVE
2 CONTROL AGAINST DIVERSION OR WILL BE UNLIKELY TO COMPLY WITH THE APPLI-
3 CABLE STATE STATUTES DURING THE PERIOD OF PROPOSED RENEWAL.
4 6. THE DEPARTMENT MAY SUSPEND OR TERMINATE THE REGISTRATION OF A
5 REGISTERED ORGANIZATION, ON GROUNDS AND USING PROCEDURES UNDER THIS
6 ARTICLE RELATING TO A LICENSE, TO THE EXTENT CONSISTENT WITH THIS TITLE.
7 S 3366. REPORTS BY REGISTERED ORGANIZATIONS. THE COMMISSIONER SHALL,
8 BY REGULATION, REQUIRE EACH REGISTERED ORGANIZATION THAT SELLS, DELIVERS
9 OR DISTRIBUTES MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR DESIGNATED
10 CAREGIVER TO FILE REPORTS OF ALL SUCH SALES, DELIVERIES OR DISTRIBUTIONS
11 BY THE REGISTERED ORGANIZATION DURING A PARTICULAR PERIOD, ON FORMS
12 PROVIDED BY THE DEPARTMENT. REPORTS SHALL BE NOT MORE FREQUENTLY THAN
13 EVERY SIX MONTHS, EXCEPT THAT WITHIN THE FIRST YEAR AFTER THIS TITLE HAS
14 TAKEN EFFECT REPORTS SHALL BE REQUIRED NOT MORE FREQUENTLY THAN EVERY
15 THREE MONTHS. EACH REPORT SHALL INCLUDE FOR EACH SUCH SALE, DELIVERY OR
16 DISTRIBUTION: THE DATE, THE QUANTITY SOLD, DELIVERED OR DISTRIBUTED; THE
17 NAME AND ADDRESS OF THE CERTIFYING PRACTITIONER; AND THE NAME, ADDRESS
18 AND REGISTRY IDENTIFICATION NUMBER OF THE CERTIFIED PATIENT AND THE
19 DESIGNATED CAREGIVER (IF ANY).
20 S 3367. FEDERAL AUTHORITY; REGISTERED ORGANIZATION IMPLEMENTATION AND
21 EFFECT. 1. THE COMMISSIONER SHALL APPLY TO THE UNITED STATES GOVERNMENT
22 FOR PERMISSION TO IMPLEMENT SECTIONS THIRTY-THREE HUNDRED SIXTY-FOUR,
23 THIRTY-THREE HUNDRED SIXTY-FIVE AND THIRTY-THREE HUNDRED SIXTY-SIX OF
24 THIS TITLE.
25 2. SECTIONS THIRTY-THREE HUNDRED SIXTY-FOUR, THIRTY-THREE HUNDRED
26 SIXTY-FIVE AND THIRTY-THREE HUNDRED SIXTY-SIX OF THIS TITLE SHALL BE
27 IMPLEMENTED ONLY UPON (I) RECEIPT OF SUCH PERMISSION FROM AN APPROPRIATE
28 AGENCY OF THE UNITED STATES GOVERNMENT ADVISING THAT THE IMPLEMENTATION
29 OF SUCH SECTIONS SHALL BE LAWFUL UNDER FEDERAL LAW, OR (II) A CHANGE IN
30 FEDERAL LAW THAT PERMITS SUCH SECTIONS TO BE IMPLEMENTED WITHOUT ANY
31 VIOLATION OF FEDERAL LAW. WITHIN ONE YEAR AFTER SUCH PERMISSION IS
32 RECEIVED OR SUCH CHANGE IN FEDERAL LAW IS ENACTED AND TAKES EFFECT, THE
33 DEPARTMENT SHALL PROMULGATE SUCH RULES AND REGULATIONS AS NECESSARY TO
34 IMPLEMENT SUCH SECTIONS. IMPLEMENTATION OF SUCH SECTIONS SHALL COMMENCE
35 ON A DATE DETERMINED BY THE COMMISSIONER, WITH NOT LESS THAN TWO MONTHS
36 PUBLIC NOTICE.
37 S 3368. EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT. 1. THE
38 COMMISSIONER MAY PROVIDE FOR THE ANALYSIS AND EVALUATION OF THE OPERA-
39 TION OF THIS TITLE. THE COMMISSIONER MAY ENTER INTO AGREEMENTS WITH ONE
40 OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS OR OTHER ORGANIZATIONS, FOR
41 THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTATION AND EFFECTIVENESS
42 OF THIS TITLE.
43 2. THE DEPARTMENT MAY DEVELOP, SEEK ANY NECESSARY FEDERAL APPROVAL
44 FOR, AND CARRY OUT RESEARCH PROGRAMS RELATING TO MEDICAL USE OF MARIHUA-
45 NA. PARTICIPATION IN ANY SUCH RESEARCH PROGRAM SHALL BE VOLUNTARY ON
46 THE PART OF PRACTITIONERS, PATIENTS, AND DESIGNATED CAREGIVERS.
47 3. THE DEPARTMENT SHALL REPORT EVERY TWO YEARS, BEGINNING ONE YEAR
48 AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA-
49 TURE ON THE MEDICAL USE OF MARIHUANA UNDER THIS TITLE AND MAKE APPROPRI-
50 ATE RECOMMENDATIONS.
51 S 3369. RELATION TO OTHER LAWS. 1. THE PROVISIONS OF THIS ARTICLE
52 SHALL APPLY TO THIS TITLE, EXCEPT THAT WHERE A PROVISION OF THIS TITLE
53 CONFLICTS WITH ANOTHER PROVISION OF THIS ARTICLE, THIS TITLE SHALL
54 APPLY.
55 2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE OR PROHIBIT AN
56 INSURER OR HEALTH PLAN UNDER THE INSURANCE LAW OR THE PUBLIC HEALTH LAW
S. 4041--A 11
1 TO PROVIDE COVERAGE FOR MEDICAL MARIHUANA. NOTHING IN THIS TITLE SHALL
2 BE CONSTRUED TO REQUIRE COVERAGE FOR MEDICAL MARIHUANA UNDER ARTICLE
3 TWENTY-FIVE OF THIS CHAPTER OR ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
4 3. A PERSON OR ENTITY SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL
5 LIABILITY OR PROFESSIONAL DISCIPLINE FOR ACTING REASONABLY AND IN GOOD
6 FAITH PURSUANT TO THIS TITLE.
7 S 3. Section 853 of the general business law is amended by adding a
8 new subdivision 3 to read as follows:
9 3. THIS ARTICLE SHALL NOT APPLY TO ANY SALE, FURNISHING OR POSSESSION
10 WHICH IS FOR A LAWFUL PURPOSE UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE
11 OF THE PUBLIC HEALTH LAW.
12 S 4. This act shall take effect sixty days after it shall become a
13 law; provided that the commissioner of health may make regulations and
14 issue forms provided for in this act before such effective date, except
15 that regulations necessary to implement sections 3364, 3365 and 3366 of
16 the public health law, as added by section two of this act, shall not be
17 promulgated except as set forth in section 3367 of the public health
18 law, as added by section two of this act.
________________________________________________________________________
4041--A
2009-2010 Regular Sessions
I N S E N A T E
April 8, 2009
___________
Introduced by Sens. DUANE, BRESLIN, DILAN, ESPADA, HASSELL-THOMPSON,
KRUEGER, MONSERRATE, MONTGOMERY, OPPENHEIMER, PARKER, PERKINS, SAVINO,
SCHNEIDERMAN, STAVISKY, THOMPSON -- read twice and ordered printed,
and when printed to be committed to the Committee on Health -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the public health law and the general business law, in
relation to medical use of marihuana
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings and intent. The legislature finds that
2 thousands of New Yorkers have serious medical conditions that can be
3 improved by medically-approved use of marihuana. The law should not
4 stand between them and treatment necessary for life and health. This
5 legislation follows the well-established public policy that a controlled
6 substance can have a legitimate medical use. Many controlled substances
7 that are legal for medical use (such as morphine and steroids) are ille-
8 gal for any other use. The purposes of article 33 of the public health
9 law include allowing legitimate use of controlled substances in health
10 care, including palliative care. This policy and this legislation do not
11 in any way diminish New York state's strong public policy and laws
12 against illegal drug use, nor should it be deemed in any manner to advo-
13 cate, authorize, promote, or legally or socially accept the use of mari-
14 huana for children or adults, for any non-medical use. This legislation
15 is an appropriate exercise of the state's legislative power to protect
16 the health of its people under article 17 of the state constitution and
17 the tenth amendment of the United States constitution.
18 It is the legislative intent that this act be implemented consistently
19 with these findings and principles, through a reasonable and workable
20 system with appropriate oversight, evaluation and continuing research.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07082-04-9
S. 4041--A 2
1 S 2. Article 33 of the public health law is amended by adding a new
2 title 5-A to read as follows:
3 TITLE V-A
4 MEDICAL USE OF MARIHUANA
5 SECTION 3360. DEFINITIONS.
6 3361. CERTIFICATION OF PATIENTS.
7 3362. POSSESSION.
8 3363. REGISTRY IDENTIFICATION CARDS.
9 3364. REGISTERED ORGANIZATIONS.
10 3365. REGISTERING OF REGISTERED ORGANIZATIONS.
11 3366. REPORTS BY REGISTERED ORGANIZATIONS.
12 3367. FEDERAL AUTHORITY; REGISTERED ORGANIZATION IMPLEMENTATION
13 AND EFFECT.
14 3368. EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
15 3369. RELATION TO OTHER LAWS.
16 S 3360. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
17 HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
18 WISE:
19 1. "CERTIFIED MEDICAL USE" MEANS THE ACQUISITION, POSSESSION, MANUFAC-
20 TURE, USE, DELIVERY, TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF
21 MEDICAL MARIHUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR USE
22 AS PART OF THE TREATMENT OF THE PATIENT'S SERIOUS CONDITION SPECIFIED IN
23 A CERTIFICATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-ONE OF THIS
24 TITLE, INCLUDING ENABLING THE PATIENT TO TOLERATE TREATMENT FOR THE
25 SERIOUS CONDITION.
26 2. "CERTIFIED PATIENT" MEANS A PATIENT WHO IS CERTIFIED UNDER SECTION
27 THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
28 3. "CERTIFICATION" MEANS A CERTIFICATION, MADE UNDER SECTION
29 THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
30 4. "DESIGNATED CAREGIVER" MEANS THE INDIVIDUAL DESIGNATED BY A CERTI-
31 FIED PATIENT IN A REGISTRY APPLICATION.
32 5. "PUBLIC PLACE" MEANS A PUBLIC PLACE AS DEFINED IN SECTION 240.00 OF
33 THE PENAL LAW, A MOTOR VEHICLE AS DEFINED IN SECTION ONE HUNDRED TWEN-
34 TY-FIVE OF THE VEHICLE AND TRAFFIC LAW, AN AIRCRAFT AS DEFINED IN
35 SECTION TWO HUNDRED FORTY OF THE GENERAL BUSINESS LAW OR A VESSEL AS
36 DEFINED IN SECTION TWO OF THE NAVIGATION LAW.
37 6. "SERIOUS CONDITION" MEANS A SEVERE DEBILITATING OR LIFE-THREATENING
38 CONDITION, OR A CONDITION ASSOCIATED WITH OR A COMPLICATION OF SUCH A
39 CONDITION OR ITS TREATMENT (INCLUDING BUT NOT LIMITED TO INABILITY TO
40 TOLERATE FOOD, NAUSEA, VOMITING, DYSPHORIA OR PAIN).
41 7. "MEDICAL MARIHUANA" MEANS MARIHUANA AS DEFINED IN SUBDIVISION TWEN-
42 TY-ONE OF SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE ACQUIRED,
43 POSSESSED, MANUFACTURED, USED, DELIVERED, TRANSFERRED, TRANSPORTED, OR
44 ADMINISTERED BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR A CERTI-
45 FIED MEDICAL USE.
46 8. "REGISTERED ORGANIZATION" MEANS A REGISTERED ORGANIZATION UNDER
47 SECTIONS THIRTY-THREE HUNDRED SIXTY-FOUR AND THIRTY-THREE HUNDRED
48 SIXTY-FIVE OF THIS TITLE.
49 9. "REGISTRY APPLICATION" MEANS AN APPLICATION PROPERLY COMPLETED AND
50 FILED WITH THE DEPARTMENT BY A CERTIFIED PATIENT UNDER SECTION
51 THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
52 10. "REGISTRY IDENTIFICATION CARD" MEANS A DOCUMENT THAT IDENTIFIES A
53 CERTIFIED PATIENT OR DESIGNATED CAREGIVER, AS PROVIDED UNDER SECTION
54 THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
S. 4041--A 3
1 11. "USABLE MARIHUANA" MEANS MARIHUANA CONSISTING OF THE HARVESTED
2 LEAVES AND FLOWERS OF THE PLANT OF THE GENUS CANNABIS, BUT DOES NOT
3 INCLUDE ANY FOOD THAT IS NOT MARIHUANA.
4 12. "UNUSABLE MARIHUANA" MEANS SEEDS, STALKS, SEEDLINGS, AND UNUSABLE
5 ROOTS. "SEEDLING" MEANS A MARIHUANA PLANT THAT HAS NO FLOWERS, IS LESS
6 THAN TWELVE INCHES IN HEIGHT, AND IS LESS THAN TWELVE INCHES IN DIAM-
7 ETER.
8 S 3361. CERTIFICATION OF PATIENTS. 1. A PATIENT CERTIFICATION MAY ONLY
9 BE ISSUED IF A PRACTITIONER CERTIFIES THAT: (A) THE PATIENT HAS A SERI-
10 OUS CONDITION, WHICH SHALL BE SPECIFIED IN THE PATIENT'S HEALTH CARE
11 RECORD; (B) THE PATIENT IS UNDER THE PRACTITIONER'S CARE FOR THE SERIOUS
12 CONDITION; AND (C) IN THE PRACTITIONER'S PROFESSIONAL OPINION, THE
13 PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE
14 PRIMARY OR ADJUNCTIVE TREATMENT WITH MEDICAL USE OF MARIHUANA FOR THE
15 SERIOUS CONDITION.
16 2. THE CERTIFICATION SHALL BE IN WRITING AND INCLUDE (A) THE NAME,
17 DATE OF BIRTH AND ADDRESS OF THE PATIENT; (B) A STATEMENT THAT THE
18 PATIENT HAS A SERIOUS CONDITION; THE PATIENT IS UNDER THE PRACTITIONER'S
19 CARE FOR THE SERIOUS CONDITION AND, IN THE PRACTITIONER'S PROFESSIONAL
20 OPINION, THE PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE
21 BENEFIT FROM THE PRIMARY OR ADJUNCTIVE TREATMENT WITH MEDICAL USE OF
22 MARIHUANA FOR THE SERIOUS CONDITION; (C) THE DATE; AND (D) THE NAME,
23 ADDRESS, FEDERAL REGISTRATION NUMBER, TELEPHONE NUMBER, AND THE HAND-
24 WRITTEN SIGNATURE OF THE CERTIFYING PRACTITIONER. THE COMMISSIONER MAY
25 REQUIRE BY REGULATION THAT THE CERTIFICATION SHALL BE ON A FORM PROVIDED
26 BY THE DEPARTMENT IF THE COMMISSIONER DETERMINES THAT THE DEPARTMENT IS
27 MAKING CERTIFICATION FORMS ADEQUATELY AVAILABLE.
28 3. THE PRACTITIONER SHALL GIVE THE CERTIFICATION TO THE CERTIFIED
29 PATIENT, AND PLACE A COPY IN THE PATIENT'S HEALTH CARE RECORD.
30 4. NO PRACTITIONER SHALL ISSUE A CERTIFICATION UNDER THIS SECTION FOR
31 HIMSELF OR HERSELF.
32 5. A REGISTRY IDENTIFICATION CARD BASED ON A CERTIFICATION SHALL
33 EXPIRE ONE YEAR AFTER THE DATE THE CERTIFICATION IS SIGNED BY THE PRAC-
34 TITIONER; EXCEPT THAT WHERE A CERTIFIED PATIENT HAS A REGISTRY IDENTIFI-
35 CATION CARD BASED ON A CURRENT VALID CERTIFICATION, A NEW REGISTRY IDEN-
36 TIFICATION CARD BASED ON A NEW CERTIFICATION SHALL EXPIRE ONE YEAR AFTER
37 THE EXPIRATION OF THE REGISTRY IDENTIFICATION CARD BASED ON THE CURRENT
38 VALID CERTIFICATION. HOWEVER, IF THE PRACTITIONER STATES IN THE CERTIF-
39 ICATION THAT HE OR SHE BELIEVES THE PATIENT WOULD BENEFIT FROM MEDICAL
40 MARIHUANA ONLY UNTIL A SPECIFIED EARLIER DATE, THEN THE REGISTRY IDEN-
41 TIFICATION CARD SHALL EXPIRE ON THAT DATE.
42 S 3362. POSSESSION. 1. THE POSSESSION, ACQUISITION, MANUFACTURE, USE,
43 DELIVERY, TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF MEDICAL MARI-
44 HUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER POSSESSING A VALID
45 REGISTRY IDENTIFICATION CARD, FOR CERTIFIED MEDICAL USE, SHALL BE LAWFUL
46 UNDER THIS TITLE; PROVIDED THAT THE MARIHUANA THAT MAY BE POSSESSED BY A
47 CERTIFIED PATIENT AND SUCH CERTIFIED PATIENT'S DESIGNATED CAREGIVER DOES
48 NOT, IN TOTAL EXCEED TWELVE PLANTS AND A TOTAL AGGREGATE WEIGHT OF TWO
49 AND ONE-HALF OUNCES OF USABLE MARIHUANA. A CERTIFIED PATIENT OR DESIG-
50 NATED CAREGIVER POSSESSING A VALID REGISTRY IDENTIFICATION CARD MAY ALSO
51 LAWFULLY POSSESS A REASONABLE AMOUNT OF UNUSABLE MARIHUANA, INCLUDING UP
52 TO TWELVE SEEDLINGS, WHICH SHALL NOT BE COUNTED TOWARD THE LIMITS IN
53 THIS SECTION. THE PLANTS SHALL BE KEPT IN A CLOSET, ROOM, GREENHOUSE OR
54 OTHER ENCLOSED AREA EQUIPPED WITH LOCKS OR OTHER SECURITY DEVICES THAT
55 PERMIT ACCESS ONLY BY THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER,
56 UNLESS THEY ARE BEING TRANSPORTED BECAUSE THE CERTIFIED PATIENT IS
S. 4041--A 4
1 MOVING OR IF THEY ARE BEING TRANSPORTED TO A DESIGNATED CAREGIVER'S OR A
2 CERTIFIED PATIENT'S PROPERTY. A DESIGNATED CAREGIVER MAY POSSESS THE
3 QUANTITIES REFERRED TO IN THIS SUBDIVISION FOR EACH CERTIFIED PATIENT
4 FOR WHOM THE CAREGIVER POSSESSES A VALID REGISTRY IDENTIFICATION CARD,
5 UP TO FIVE CERTIFIED PATIENTS.
6 2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION: (A) POSSESSION OF
7 MARIHUANA SHALL NOT BE LAWFUL UNDER THIS TITLE IF IT IS CONSUMED OR
8 DISPLAYED IN A PUBLIC PLACE; (B) MEDICAL MARIHUANA MAY NOT BE SMOKED IN
9 ANY PLACE WHERE TOBACCO MAY NOT BE SMOKED UNDER ARTICLE THIRTEEN-E OF
10 THIS CHAPTER; (C) EXCEPT THAT IN A HEALTH CARE FACILITY, MEDICAL MARI-
11 HUANA MAY BE SMOKED BY A PATIENT OF THE FACILITY, SUBJECT TO OTHER
12 PROVISIONS OF THIS TITLE, IN AN AREA, AND UNDER CIRCUMSTANCES, PERMITTED
13 BY THE FACILITY, PROVIDED THAT THE PATIENT DOES NOT SMOKE IN THE PRES-
14 ENCE OF PATIENTS WHO ARE NOT CERTIFIED UNDER THIS TITLE.
15 3. IT SHALL BE LAWFUL UNDER THIS ARTICLE TO GIVE OR DISPOSE OF MARI-
16 HUANA TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR A CERTIFIED
17 MEDICAL USE WHERE NOTHING OF VALUE IS TRANSFERRED IN RETURN, OR TO OFFER
18 TO DO THE SAME. THIS PROHIBITION ON TRANSFERRING OR OFFERING TO TRANS-
19 FER A THING OF VALUE SHALL NOT (A) APPLY TO SALE OF MEDICAL MARIHUANA TO
20 OR BY A REGISTERED ORGANIZATION UNDER THIS ARTICLE; NOR (B) PREVENT A
21 DESIGNATED CAREGIVER FROM BEING REIMBURSED FOR ACTIVITIES RELATING TO
22 CARING FOR A CERTIFIED PATIENT, INCLUDING, BUT NOT LIMITED TO,
23 REIMBURSEMENT FOR LEGITIMATE EXPENSES RELATING TO THE MANUFACTURE OF
24 MEDICAL MARIHUANA OR THE PURCHASE OF MEDICAL MARIHUANA FROM A REGISTERED
25 ORGANIZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-SIX OF THIS TITLE.
26 4. NO SCHOOL, EMPLOYER OR LANDLORD SHALL REFUSE TO ENROLL, EMPLOY OR
27 LEASE TO OR OTHERWISE PENALIZE A PERSON SOLELY FOR HIS OR HER STATUS AS
28 A CERTIFIED PATIENT OR DESIGNATED CAREGIVER; PROVIDED, HOWEVER, THAT
29 NOTHING IN THIS PARAGRAPH REQUIRES A SCHOOL, EMPLOYER OR LANDLORD TO
30 MAKE ANY ADDITIONAL ACCOMMODATIONS.
31 S 3363. REGISTRY IDENTIFICATION CARDS. 1. THE DEPARTMENT SHALL ISSUE
32 REGISTRY IDENTIFICATION CARDS FOR CERTIFIED PATIENTS AND DESIGNATED
33 CAREGIVERS. A REGISTRY IDENTIFICATION CARD SHALL EXPIRE AS PROVIDED IN
34 SECTION THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE OR AS OTHERWISE
35 PROVIDED IN THIS SECTION. THE DEPARTMENT SHALL BEGIN ISSUING REGISTRY
36 IDENTIFICATION CARDS NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE
37 EFFECTIVE DATE OF THIS SECTION. THE DEPARTMENT MAY SPECIFY A FORM FOR A
38 REGISTRY APPLICATION, IN WHICH CASE THE DEPARTMENT SHALL PROVIDE THE
39 FORM ON REQUEST, REPRODUCTIONS OF THE FORM MAY BE USED, AND THE FORM
40 SHALL BE AVAILABLE FOR DOWNLOADING FROM THE DEPARTMENT'S WEBSITE.
41 2. TO OBTAIN OR RENEW A REGISTRY IDENTIFICATION CARD, A CERTIFIED
42 PATIENT SHALL FILE A REGISTRY APPLICATION WITH THE DEPARTMENT. THE
43 REGISTRY APPLICATION OR RENEWAL APPLICATION SHALL INCLUDE:
44 (A) A COPY OF THE PATIENT'S CERTIFICATION (A NEW WRITTEN CERTIFICATION
45 SHALL BE PROVIDED WITH A RENEWAL APPLICATION);
46 (B) (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT; (II) THE
47 DATE OF THE CERTIFICATION; (III) IF THE PATIENT HAS A REGISTRY IDENTIFI-
48 CATION CARD BASED ON A CURRENT VALID CERTIFICATION, THE REGISTRY IDEN-
49 TIFICATION NUMBER AND EXPIRATION DATE OF THAT REGISTRY IDENTIFICATION
50 CARD; (IV) THE SPECIFIED DATE UNTIL WHICH THE PATIENT WOULD BENEFIT FROM
51 MEDICAL MARIHUANA, IF THE CERTIFICATION STATES SUCH A DATE; (V) THE
52 NAME, ADDRESS, FEDERAL REGISTRATION NUMBER, AND TELEPHONE NUMBER OF THE
53 CERTIFYING PRACTITIONER; AND (VI) OTHER INDIVIDUAL IDENTIFYING INFORMA-
54 TION REQUIRED BY THE DEPARTMENT;
55 (C) IF THE PATIENT DESIGNATES A DESIGNATED CAREGIVER, THE NAME,
56 ADDRESS, AND DATE OF BIRTH OF THE DESIGNATED CAREGIVER, AND OTHER INDI-
S. 4041--A 5
1 VIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPARTMENT; A CERTIFIED
2 PATIENT MAY DESIGNATE UP TO TWO DESIGNATED CAREGIVERS;
3 (D) A STATEMENT THAT A FALSE STATEMENT MADE IN THE APPLICATION IS
4 PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW;
5 (E) THE DATE OF THE APPLICATION AND THE SIGNATURE OF THE CERTIFIED
6 PATIENT; AND
7 (F) A REASONABLE APPLICATION FEE, AS DETERMINED BY THE DEPARTMENT;
8 PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE THE FEE IN CASES OF
9 FINANCIAL HARDSHIP.
10 3. WHERE A CERTIFIED PATIENT IS UNDER THE AGE OF EIGHTEEN:
11 (A) THE APPLICATION FOR A REGISTRY IDENTIFICATION CARD SHALL BE MADE
12 BY AN APPROPRIATE PERSON OVER TWENTY-ONE YEARS OF AGE. THE APPLICATION
13 SHALL STATE FACTS DEMONSTRATING THAT THE PERSON IS APPROPRIATE.
14 (B) THE DESIGNATED CAREGIVER SHALL BE (I) A PARENT OR LEGAL GUARDIAN
15 OF THE CERTIFIED PATIENT, (II) A PERSON DESIGNATED BY A PARENT OR LEGAL
16 GUARDIAN, OR (III) AN APPROPRIATE PERSON APPROVED BY THE DEPARTMENT UPON
17 A SUFFICIENT SHOWING THAT NO PARENT OR LEGAL GUARDIAN IS APPROPRIATE OR
18 AVAILABLE.
19 4. NO PERSON MAY BE A DESIGNATED CAREGIVER IF THE PERSON IS UNDER
20 TWENTY-ONE YEARS OF AGE UNLESS A SUFFICIENT SHOWING IS MADE TO THE
21 DEPARTMENT THAT THE PERSON SHOULD BE PERMITTED TO SERVE AS A DESIGNATED
22 CAREGIVER.
23 5. NO PERSON MAY BE A DESIGNATED CAREGIVER FOR MORE THAN FIVE CERTI-
24 FIED PATIENTS AT ONE TIME. A DESIGNATED CAREGIVER SHALL CARRY A SEPARATE
25 REGISTRY IDENTIFICATION CARD FOR EACH CERTIFIED PATIENT FOR WHOM HE OR
26 SHE IS A DESIGNATED CAREGIVER. EACH REGISTRY IDENTIFICATION CARD SHALL
27 CONTAIN THE SAME REGISTRY IDENTIFICATION NUMBER SPECIFIED IN THIS
28 SECTION.
29 6. THE DEPARTMENT SHALL ISSUE SEPARATE REGISTRY IDENTIFICATION CARDS
30 FOR THE CERTIFIED PATIENT AND THE DESIGNATED CAREGIVER (IF ONE IS DESIG-
31 NATED IN THE REGISTRY APPLICATION) WITHIN THIRTY DAYS OF RECEIVING A
32 COMPLETE APPLICATION UNDER THIS SECTION, UNLESS IT DETERMINES THAT THE
33 APPLICATION IS INCOMPLETE OR FACIALLY INACCURATE, IN WHICH CASE IT SHALL
34 PROMPTLY NOTIFY THE APPLICANT.
35 7. IF THE DEPARTMENT DOES NOT APPROVE THE DESIGNATION OF AN INDIVID-
36 UAL AS A DESIGNATED CAREGIVER, THAT SHALL NOT AFFECT THE APPROVAL OF THE
37 APPLICATION AS TO THE CERTIFIED PATIENT.
38 8. A REGISTRY IDENTIFICATION CARD SHALL CONTAIN:
39 (A) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE CERTIFIED PATIENT AND
40 THE DESIGNATED CAREGIVER (IF ONE IS DESIGNATED IN THE REGISTRY APPLICA-
41 TION);
42 (B) THE DATE OF ISSUANCE AND EXPIRATION DATE OF THE REGISTRY IDENTIFI-
43 CATION CARD;
44 (C) A REGISTRY IDENTIFICATION NUMBER FOR THE CERTIFIED PATIENT AND A
45 REGISTRY IDENTIFICATION NUMBER FOR THE DESIGNATED CAREGIVER (IF ONE IS
46 DESIGNATED IN THE REGISTRY APPLICATION); AND
47 (D) A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE REGISTRY IDENTIFICATION
48 CARD IS BEING ISSUED, WHICH SHALL BE OBTAINED BY THE DEPARTMENT IN A
49 MANNER SPECIFIED BY THE COMMISSIONER IN REGULATIONS; PROVIDED, HOWEVER,
50 THAT IF THE DEPARTMENT REQUIRED CERTIFIED PATIENTS TO SUBMIT PHOTOGRAPHS
51 FOR THIS PURPOSE, THERE SHALL BE A REASONABLE ACCOMMODATION OF CERTIFIED
52 PATIENTS WHO ARE CONFINED TO THEIR HOMES DUE TO THEIR MEDICAL CONDITIONS
53 AND MAY THEREFORE HAVE DIFFICULTY PROCURING PHOTOGRAPHS.
54 9. A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WHO HAS BEEN ISSUED A
55 REGISTRY IDENTIFICATION CARD SHALL NOTIFY THE DEPARTMENT OF ANY CHANGE
56 IN HIS OR HER NAME OR ADDRESS OR, WITH RESPECT TO THE PATIENT, OR IF HE
S. 4041--A 6
1 OR SHE CEASES TO HAVE THE SERIOUS CONDITION NOTED ON THE CERTIFICATION,
2 WITHIN TEN DAYS OF SUCH CHANGE.
3 10. THE DEPARTMENT SHALL MAINTAIN A CONFIDENTIAL LIST OF THE PERSONS
4 TO WHOM IT HAS ISSUED REGISTRY IDENTIFICATION CARDS. INDIVIDUAL IDENTI-
5 FYING INFORMATION OBTAINED BY THE DEPARTMENT UNDER THIS TITLE SHALL BE
6 CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC
7 OFFICERS LAW. NOTWITHSTANDING THIS SUBDIVISION, THE DEPARTMENT MAY NOTI-
8 FY ANY APPROPRIATE LAW ENFORCEMENT AGENCY OF INFORMATION RELATING TO ANY
9 VIOLATION OR SUSPECTED VIOLATION OF THIS TITLE.
10 11. THE DEPARTMENT SHALL VERIFY TO LAW ENFORCEMENT PERSONNEL IN AN
11 APPROPRIATE CASE WHETHER A REGISTRY IDENTIFICATION CARD IS VALID.
12 12. IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WILLFULLY VIOLATES
13 ANY PROVISION OF THIS TITLE AS DETERMINED BY THE DEPARTMENT, HIS OR HER
14 REGISTRY IDENTIFICATION CARD MAY BE REVOKED. THIS IS IN ADDITION TO ANY
15 OTHER PENALTY THAT MAY APPLY.
16 13. TEMPORARY REGISTRY IDENTIFICATION CARDS. (A) REGISTRY IMPLEMENTA-
17 TION DATE. AS USED IN THIS SUBDIVISION, THE "REGISTRY IMPLEMENTATION
18 DATE" IS THE DATE DETERMINED BY THE COMMISSIONER WHEN THE DEPARTMENT IS
19 READY TO RECEIVE AND EXPEDITIOUSLY ACT ON APPLICATIONS FOR REGISTRY
20 IDENTIFICATION CARDS UNDER THIS SECTION. THE COMMISSIONER SHALL GIVE AT
21 LEAST SIXTY DAYS PRIOR WRITTEN PUBLIC NOTICE OF THE REGISTRY IDENTIFICA-
22 TION DATE, BY PUBLICATION IN THE STATE REGISTER.
23 (B)(I) CERTIFIED PATIENT. A COPY OF THE CERTIFIED PATIENT'S CERTIF-
24 ICATION SHALL TEMPORARILY SERVE AS AND HAVE THE SAME EFFECT AS HIS OR
25 HER REGISTRY IDENTIFICATION CARD. IT SHALL EXPIRE AS A REGISTRY IDEN-
26 TIFICATION CARD ON THE EARLIER OF THE EXPIRATION DATE OF THE CERTIF-
27 ICATION OR SIXTY DAYS AFTER THE REGISTRY IMPLEMENTATION DATE.
28 (II) DESIGNATED CAREGIVER. A COPY OF THE CERTIFIED PATIENT'S CERTIF-
29 ICATION, TOGETHER WITH A COPY OF A WRITTEN STATEMENT SIGNED BY THE
30 CERTIFIED PATIENT CONTAINING THE SAME INFORMATION AS AN APPLICATION FOR
31 A REGISTRY IDENTIFICATION CARD UNDER THIS SECTION DESIGNATING A PERSON
32 AS THE CERTIFIED PATIENT'S DESIGNATED CAREGIVER, SHALL TEMPORARILY SERVE
33 AS AND HAVE THE SAME EFFECT AS A REGISTRY IDENTIFICATION CARD FOR THE
34 DESIGNATED CAREGIVER. IN THE CASE OF A CERTIFIED PATIENT UNDER EIGHTEEN
35 YEARS OF AGE, THE STATEMENT SHALL BE SIGNED BY A PERSON AUTHORIZED TO
36 MAKE AN APPLICATION UNDER THIS SECTION FOR THE CERTIFIED PATIENT. IT
37 SHALL EXPIRE AS A REGISTRY IDENTIFICATION CARD ON THE EARLIER OF THE
38 EXPIRATION DATE OF THE CERTIFICATION OR SIXTY DAYS AFTER THE REGISTRY
39 IMPLEMENTATION DATE.
40 (C) ON AND AFTER THE REGISTRY IMPLEMENTATION DATE, UPON RECEIPT OF AN
41 APPLICATION FOR A REGISTRY IDENTIFICATION CARD, THE DEPARTMENT SHALL
42 SEND TO THE APPLICANT A LETTER ACKNOWLEDGING SUCH RECEIPT. WHILE THE
43 APPLICATION FOR A REGISTRY IDENTIFICATION CARD IS PENDING, A COPY OF THE
44 REGISTRY APPLICATION, TOGETHER WITH A COPY OF THE CERTIFICATION AND A
45 COPY OF THE LETTER OF RECEIPT FROM THE DEPARTMENT, SHALL SERVE AS AND
46 HAVE THE SAME EFFECT AS A REGISTRY IDENTIFICATION CARD FOR THE CERTIFIED
47 PATIENT AND DESIGNATED CAREGIVER IF ANY, PROVIDED THAT A CERTIFICATION
48 AND APPLICATION SHALL NOT SERVE AS A VALID REGISTRY IDENTIFICATION CARD
49 AFTER THE INITIAL THIRTY DAY PERIOD UNDER SUBDIVISION SIX OF THIS
50 SECTION. THIS PARAGRAPH SHALL EXPIRE AND HAVE NO EFFECT ONE YEAR AFTER
51 THE REGISTRY IMPLEMENTATION DATE.
52 S 3364. REGISTERED ORGANIZATIONS. 1. A REGISTERED ORGANIZATION SHALL
53 BE:
54 (A) A PHARMACY;
55 (B) A FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER;
S. 4041--A 7
1 (C) A NOT-FOR-PROFIT CORPORATION ORGANIZED FOR THE PURPOSE OF ACQUIR-
2 ING, POSSESSING, MANUFACTURING, SELLING, DELIVERING, TRANSPORTING OR
3 DISTRIBUTING MARIHUANA FOR CERTIFIED MEDICAL USE;
4 (D) THE DEPARTMENT;
5 (E) A LOCAL HEALTH DEPARTMENT; OR
6 (F) A REGISTERED PRODUCER, WHICH SHALL BE A PERSON OR ENTITY, WITH
7 APPROPRIATE EXPERTISE IN AGRICULTURE, REGISTERED FOR THE PURPOSE OF
8 ACQUIRING OR MANUFACTURING MARIHUANA AND SELLING, DELIVERING, TRANSPORT-
9 ING, OR DISTRIBUTING IT TO ANOTHER REGISTERED ORGANIZATION; A CERTIFIED
10 PRODUCER SHALL NOT SELL, DELIVER OR DISTRIBUTE MARIHUANA TO A CERTIFIED
11 PATIENT OR DESIGNATED CAREGIVER FOR THAT PERSON'S USE.
12 2. THE ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIVERY, TRANSPORT-
13 ING OR DISTRIBUTING OF MARIHUANA BY A REGISTERED ORGANIZATION UNDER THIS
14 TITLE IN ACCORDANCE WITH ITS REGISTRATION UNDER SECTION THIRTY-THREE
15 HUNDRED SIXTY-FIVE OF THIS TITLE OR A RENEWAL THEREOF SHALL BE LAWFUL
16 UNDER THIS TITLE.
17 3. A REGISTERED ORGANIZATION (OTHER THAN A REGISTERED PRODUCER) MAY
18 LAWFULLY, IN GOOD FAITH, SELL, DELIVER OR DISTRIBUTE MEDICAL MARIHUANA
19 TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER UPON PRESENTATION TO THE
20 REGISTERED ORGANIZATION OF A VALID REGISTRY IDENTIFICATION CARD FOR THAT
21 CERTIFIED PATIENT OR DESIGNATED CAREGIVER. WHEN PRESENTED WITH THE
22 REGISTRY IDENTIFICATION CARD, THE REGISTERED ORGANIZATION SHALL PROVIDE
23 TO THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER A RECEIPT, WHICH SHALL
24 STATE: THE NAME, ADDRESS, AND REGISTRY IDENTIFICATION NUMBER OF THE
25 REGISTERED ORGANIZATION; THE NAME AND ADDRESS OF THE CERTIFIED PATIENT
26 AND THE DESIGNATED CAREGIVER (IF ANY); AND THE QUANTITY OF MARIHUANA
27 SOLD. THE REGISTERED ORGANIZATION SHALL RETAIN A COPY OF THE REGISTRY
28 IDENTIFICATION CARD AND THE RECEIPT.
29 4. NO REGISTERED ORGANIZATION MAY SELL, DELIVER OR DISTRIBUTE TO ANY
30 CERTIFIED PATIENT OR DESIGNATED CAREGIVER A QUANTITY OF MEDICAL MARIHUA-
31 NA LARGER THAN THAT INDIVIDUAL WOULD BE ALLOWED TO POSSESS UNDER THIS
32 TITLE.
33 5. WHEN A REGISTERED ORGANIZATION SELLS, DELIVERS OR DISTRIBUTES
34 MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER, IT
35 SHALL PROVIDE TO THAT INDIVIDUAL A SAFETY INSERT, WHICH WILL BE DEVEL-
36 OPED AND APPROVED BY THE COMMISSIONER AND INCLUDE, BUT NOT BE LIMITED
37 TO, INFORMATION ON: (A) METHODS FOR ADMINISTERING MEDICAL MARIHUANA, (B)
38 ANY POTENTIAL DANGERS STEMMING FROM THE USE OF MEDICAL MARIHUANA, AND
39 (C) HOW TO RECOGNIZE WHAT MAY BE PROBLEMATIC USAGE OF MEDICAL MARIHUANA
40 AND OBTAIN APPROPRIATE SERVICES OR TREATMENT FOR PROBLEMATIC USAGE.
41 S 3365. REGISTERING OF REGISTERED ORGANIZATIONS. 1. APPLICATION FOR
42 INITIAL REGISTRATION. (A) AN APPLICANT FOR REGISTRATION AS A REGISTERED
43 ORGANIZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE
44 SHALL FURNISH TO THE DEPARTMENT A DESCRIPTION OF THE ACTIVITIES IN WHICH
45 IT INTENDS TO ENGAGE AS A REGISTERED ORGANIZATION AND ANY INFORMATION
46 THE DEPARTMENT SHALL REASONABLY REQUIRE AND EVIDENCE THAT THE APPLICANT:
47 (I) AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARACTER;
48 (II) POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT LAND, BUILDINGS AND
49 EQUIPMENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICA-
50 TION;
51 (III) IS ABLE TO MAINTAIN EFFECTIVE CONTROL AGAINST DIVERSION OF THE
52 MARIHUANA; AND
53 (IV) IS ABLE TO COMPLY WITH ALL APPLICABLE STATE LAWS AND REGULATIONS
54 RELATING TO THE ACTIVITIES IN WHICH IT INTENDS TO ENGAGE UNDER THE
55 REGISTRATION.
S. 4041--A 8
1 (B) THE APPLICATION SHALL ESTABLISH THE APPLICANT'S STATUS UNDER PARA-
2 GRAPH (A), (B), (C), (D) OR (E) OF SUBDIVISION ONE OF SECTION
3 THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE.
4 (C) THE APPLICATION SHALL INCLUDE THE NAME, RESIDENCE ADDRESS AND
5 TITLE OF EACH OF THE OFFICERS AND DIRECTORS AND THE NAME AND RESIDENCE
6 ADDRESS OF ANY PERSON OR ENTITY THAT IS A MEMBER OF THE APPLICANT. EACH
7 SUCH PERSON, IF AN INDIVIDUAL, OR LAWFUL REPRESENTATIVE IF A LEGAL ENTI-
8 TY, SHALL SUBMIT AN AFFIDAVIT WITH THE APPLICATION SETTING FORTH:
9 (I) ANY POSITION OF MANAGEMENT OR OWNERSHIP DURING THE PRECEDING TEN
10 YEARS OF A TEN PER CENTUM OR GREATER INTEREST IN ANY OTHER BUSINESS,
11 LOCATED IN OR OUTSIDE THIS STATE, MANUFACTURING OR DISTRIBUTING DRUGS;
12 (II) WHETHER SUCH PERSON OR ANY SUCH BUSINESS HAS BEEN CONVICTED,
13 FINED, CENSURED OR HAD A REGISTRATION SUSPENDED OR REVOKED IN ANY ADMIN-
14 ISTRATIVE OR JUDICIAL PROCEEDING RELATING TO OR ARISING OUT OF THE MANU-
15 FACTURE, DISTRIBUTION, SALE, OR POSSESSION OF DRUGS; AND
16 (III) SUCH OTHER INFORMATION AS THE COMMISSIONER MAY REASONABLY
17 REQUIRE.
18 (D) THE APPLICANT SHALL BE UNDER A CONTINUING DUTY TO REPORT TO THE
19 DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED IN THE APPLI-
20 CATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUMSTANCE WHICH
21 IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
22 2. GRANTING OF REGISTRATION. (A) THE COMMISSIONER SHALL GRANT A REGIS-
23 TRATION OR AMENDMENT TO A REGISTRATION UNDER THIS SECTION IF HE OR SHE
24 IS SATISFIED THAT:
25 (I) THE APPLICANT WILL BE ABLE TO MAINTAIN EFFECTIVE CONTROL AGAINST
26 DIVERSION OF MARIHUANA;
27 (II) THE APPLICANT WILL BE ABLE TO COMPLY WITH ALL APPLICABLE STATE
28 LAWS;
29 (III) THE APPLICANT AND ITS OFFICERS ARE READY, WILLING AND ABLE TO
30 PROPERLY CARRY ON THE MANUFACTURING OR DISTRIBUTING ACTIVITY FOR WHICH A
31 REGISTRATION IS SOUGHT;
32 (IV) THE APPLICANT POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT LAND,
33 BUILDINGS AND EQUIPMENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN
34 THE APPLICATION;
35 (V) IT IS IN THE PUBLIC INTEREST THAT SUCH REGISTRATION BE GRANTED;
36 AND
37 (VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
38 TER.
39 (B) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT SHOULD BE
40 ISSUED A REGISTRATION, HE OR SHE SHALL NOTIFY THE APPLICANT IN WRITING
41 OF THOSE FACTORS UPON WHICH FURTHER EVIDENCE IS REQUIRED. WITHIN THIRTY
42 DAYS OF THE RECEIPT OF SUCH NOTIFICATION, THE APPLICANT MAY SUBMIT ADDI-
43 TIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEARING OR BOTH.
44 (C) THE FEE FOR A REGISTRATION UNDER THIS SECTION SHALL BE ONE THOU-
45 SAND TWO HUNDRED DOLLARS; PROVIDED HOWEVER, IF THE REGISTRATION IS
46 ISSUED FOR A PERIOD GREATER THAN TWO YEARS THE FEE SHALL BE INCREASED,
47 PRO RATA, FOR EACH ADDITIONAL MONTH OF VALIDITY.
48 (D) REGISTRATIONS ISSUED UNDER THIS SECTION SHALL BE EFFECTIVE ONLY
49 FOR AND SHALL SPECIFY:
50 (I) THE NAME AND ADDRESS OF THE REGISTERED ORGANIZATION; AND
51 (II) WHICH ACTIVITIES OF A REGISTERED ORGANIZATION ARE PERMITTED BY
52 THE REGISTRATION.
53 (E) UPON APPLICATION OF A REGISTERED ORGANIZATION, A REGISTRATION MAY
54 BE AMENDED TO ALLOW THE REGISTERED ORGANIZATION TO RELOCATE WITHIN THE
55 STATE OR TO ADD OR DELETE PERMITTED REGISTERED ORGANIZATION ACTIVITIES.
56 THE FEE FOR SUCH AMENDMENT SHALL BE TWO HUNDRED FIFTY DOLLARS.
S. 4041--A 9
1 3. A REGISTRATION ISSUED UNDER THIS SECTION SHALL BE VALID FOR TWO
2 YEARS FROM THE DATE OF ISSUE, EXCEPT THAT IN ORDER TO FACILITATE THE
3 RENEWALS OF SUCH REGISTRATIONS, THE COMMISSIONER MAY UPON THE INITIAL
4 APPLICATION FOR A REGISTRATION, ISSUE SOME REGISTRATIONS WHICH MAY
5 REMAIN VALID FOR A PERIOD OF TIME GREATER THAN TWO YEARS BUT NOT EXCEED-
6 ING AN ADDITIONAL ELEVEN MONTHS.
7 4. APPLICATIONS FOR RENEWAL OF REGISTRATIONS. (A) AN APPLICATION FOR
8 THE RENEWAL OF ANY REGISTRATION ISSUED UNDER THIS SECTION SHALL BE FILED
9 WITH THE DEPARTMENT NOT MORE THAN SIX MONTHS NOR LESS THAN FOUR MONTHS
10 PRIOR TO THE EXPIRATION THEREOF. A LATE-FILED APPLICATION FOR THE
11 RENEWAL OF A REGISTRATION MAY, IN THE DISCRETION OF THE COMMISSIONER, BE
12 TREATED AS AN APPLICATION FOR AN INITIAL LICENSE.
13 (B) THE APPLICATION FOR RENEWAL SHALL INCLUDE SUCH INFORMATION
14 PREPARED IN THE MANNER AND DETAIL AS THE COMMISSIONER MAY REQUIRE,
15 INCLUDING BUT NOT LIMITED TO:
16 (I) ANY MATERIAL CHANGE IN THE CIRCUMSTANCES OR FACTORS LISTED IN
17 SUBDIVISION ONE OF THIS SECTION; AND
18 (II) EVERY KNOWN CHARGE OR INVESTIGATION, PENDING OR CONCLUDED DURING
19 THE PERIOD OF THE REGISTRATION, BY ANY GOVERNMENTAL AGENCY WITH RESPECT
20 TO:
21 (1) EACH INCIDENT OR ALLEGED INCIDENT INVOLVING THE THEFT, LOSS, OR
22 POSSIBLE DIVERSION OF MARIHUANA MANUFACTURED OR DISTRIBUTED BY THE
23 APPLICANT; AND
24 (2) COMPLIANCE BY THE APPLICANT WITH THE LAWS OF THE STATE WITH
25 RESPECT TO ANY SUBSTANCE LISTED IN SECTION THIRTY-THREE HUNDRED SIX OF
26 THIS ARTICLE.
27 (C) AN APPLICANT FOR RENEWAL SHALL BE UNDER A CONTINUING DUTY TO
28 REPORT TO THE DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED
29 IN THE APPLICATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUM-
30 STANCE WHICH IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
31 (D) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT IS ENTI-
32 TLED TO A RENEWAL OF THE REGISTRATION, HE OR SHE SHALL WITHIN FORTY-FIVE
33 DAYS AFTER THE FILING OF THE APPLICATION SERVE UPON THE APPLICANT OR HIS
34 OR HER ATTORNEY OF RECORD IN PERSON OR BY REGISTERED OR CERTIFIED MAIL
35 AN ORDER DIRECTING THE APPLICANT TO SHOW CAUSE WHY HIS OR HER APPLICA-
36 TION FOR RENEWAL SHOULD NOT BE DENIED. THE ORDER SHALL SPECIFY IN DETAIL
37 THE RESPECTS IN WHICH THE APPLICANT HAS NOT SATISFIED THE COMMISSIONER
38 THAT THE REGISTRATION SHOULD BE RENEWED.
39 (E) WITHIN THIRTY DAYS OF SERVICE OF SUCH ORDER, THE APPLICANT MAY
40 EITHER SUBMIT ADDITIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEAR-
41 ING OR BOTH. IF A HEARING IS DEMANDED, THE COMMISSIONER SHALL FIX A DATE
42 FOR A HEARING NOT SOONER THAN FIFTEEN DAYS NOR LATER THAN THIRTY DAYS
43 AFTER RECEIPT OF THE DEMAND, UNLESS SUCH TIME LIMITATION IS WAIVED BY
44 THE APPLICANT.
45 5. GRANTING OF RENEWAL OF REGISTRATIONS. (A) THE COMMISSIONER SHALL
46 RENEW A REGISTRATION UNLESS HE OR SHE DETERMINES AND FINDS THAT THE
47 APPLICANT:
48 (I) IS UNLIKELY TO MAINTAIN OR BE ABLE TO MAINTAIN EFFECTIVE CONTROL
49 AGAINST DIVERSION; OR
50 (II) IS UNLIKELY TO COMPLY WITH ALL STATE LAWS APPLICABLE TO THE
51 ACTIVITIES IN WHICH IT MAY ENGAGE UNDER THE REGISTRATION.
52 (B) FOR PURPOSES OF THIS SECTION, PROOF THAT A REGISTERED ORGANIZA-
53 TION, DURING THE PERIOD OF ITS REGISTRATION, HAS FAILED TO MAINTAIN
54 EFFECTIVE CONTROL AGAINST DIVERSION OR HAS KNOWINGLY OR NEGLIGENTLY
55 FAILED TO COMPLY WITH APPLICABLE STATE LAWS RELATING TO THE ACTIVITIES
56 IN WHICH IT ENGAGES UNDER THE REGISTRATION, SHALL CONSTITUTE SUBSTANTIAL
S. 4041--A 10
1 EVIDENCE THAT THE APPLICANT WILL BE UNLIKELY TO MAINTAIN EFFECTIVE
2 CONTROL AGAINST DIVERSION OR WILL BE UNLIKELY TO COMPLY WITH THE APPLI-
3 CABLE STATE STATUTES DURING THE PERIOD OF PROPOSED RENEWAL.
4 6. THE DEPARTMENT MAY SUSPEND OR TERMINATE THE REGISTRATION OF A
5 REGISTERED ORGANIZATION, ON GROUNDS AND USING PROCEDURES UNDER THIS
6 ARTICLE RELATING TO A LICENSE, TO THE EXTENT CONSISTENT WITH THIS TITLE.
7 S 3366. REPORTS BY REGISTERED ORGANIZATIONS. THE COMMISSIONER SHALL,
8 BY REGULATION, REQUIRE EACH REGISTERED ORGANIZATION THAT SELLS, DELIVERS
9 OR DISTRIBUTES MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR DESIGNATED
10 CAREGIVER TO FILE REPORTS OF ALL SUCH SALES, DELIVERIES OR DISTRIBUTIONS
11 BY THE REGISTERED ORGANIZATION DURING A PARTICULAR PERIOD, ON FORMS
12 PROVIDED BY THE DEPARTMENT. REPORTS SHALL BE NOT MORE FREQUENTLY THAN
13 EVERY SIX MONTHS, EXCEPT THAT WITHIN THE FIRST YEAR AFTER THIS TITLE HAS
14 TAKEN EFFECT REPORTS SHALL BE REQUIRED NOT MORE FREQUENTLY THAN EVERY
15 THREE MONTHS. EACH REPORT SHALL INCLUDE FOR EACH SUCH SALE, DELIVERY OR
16 DISTRIBUTION: THE DATE, THE QUANTITY SOLD, DELIVERED OR DISTRIBUTED; THE
17 NAME AND ADDRESS OF THE CERTIFYING PRACTITIONER; AND THE NAME, ADDRESS
18 AND REGISTRY IDENTIFICATION NUMBER OF THE CERTIFIED PATIENT AND THE
19 DESIGNATED CAREGIVER (IF ANY).
20 S 3367. FEDERAL AUTHORITY; REGISTERED ORGANIZATION IMPLEMENTATION AND
21 EFFECT. 1. THE COMMISSIONER SHALL APPLY TO THE UNITED STATES GOVERNMENT
22 FOR PERMISSION TO IMPLEMENT SECTIONS THIRTY-THREE HUNDRED SIXTY-FOUR,
23 THIRTY-THREE HUNDRED SIXTY-FIVE AND THIRTY-THREE HUNDRED SIXTY-SIX OF
24 THIS TITLE.
25 2. SECTIONS THIRTY-THREE HUNDRED SIXTY-FOUR, THIRTY-THREE HUNDRED
26 SIXTY-FIVE AND THIRTY-THREE HUNDRED SIXTY-SIX OF THIS TITLE SHALL BE
27 IMPLEMENTED ONLY UPON (I) RECEIPT OF SUCH PERMISSION FROM AN APPROPRIATE
28 AGENCY OF THE UNITED STATES GOVERNMENT ADVISING THAT THE IMPLEMENTATION
29 OF SUCH SECTIONS SHALL BE LAWFUL UNDER FEDERAL LAW, OR (II) A CHANGE IN
30 FEDERAL LAW THAT PERMITS SUCH SECTIONS TO BE IMPLEMENTED WITHOUT ANY
31 VIOLATION OF FEDERAL LAW. WITHIN ONE YEAR AFTER SUCH PERMISSION IS
32 RECEIVED OR SUCH CHANGE IN FEDERAL LAW IS ENACTED AND TAKES EFFECT, THE
33 DEPARTMENT SHALL PROMULGATE SUCH RULES AND REGULATIONS AS NECESSARY TO
34 IMPLEMENT SUCH SECTIONS. IMPLEMENTATION OF SUCH SECTIONS SHALL COMMENCE
35 ON A DATE DETERMINED BY THE COMMISSIONER, WITH NOT LESS THAN TWO MONTHS
36 PUBLIC NOTICE.
37 S 3368. EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT. 1. THE
38 COMMISSIONER MAY PROVIDE FOR THE ANALYSIS AND EVALUATION OF THE OPERA-
39 TION OF THIS TITLE. THE COMMISSIONER MAY ENTER INTO AGREEMENTS WITH ONE
40 OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS OR OTHER ORGANIZATIONS, FOR
41 THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTATION AND EFFECTIVENESS
42 OF THIS TITLE.
43 2. THE DEPARTMENT MAY DEVELOP, SEEK ANY NECESSARY FEDERAL APPROVAL
44 FOR, AND CARRY OUT RESEARCH PROGRAMS RELATING TO MEDICAL USE OF MARIHUA-
45 NA. PARTICIPATION IN ANY SUCH RESEARCH PROGRAM SHALL BE VOLUNTARY ON
46 THE PART OF PRACTITIONERS, PATIENTS, AND DESIGNATED CAREGIVERS.
47 3. THE DEPARTMENT SHALL REPORT EVERY TWO YEARS, BEGINNING ONE YEAR
48 AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA-
49 TURE ON THE MEDICAL USE OF MARIHUANA UNDER THIS TITLE AND MAKE APPROPRI-
50 ATE RECOMMENDATIONS.
51 S 3369. RELATION TO OTHER LAWS. 1. THE PROVISIONS OF THIS ARTICLE
52 SHALL APPLY TO THIS TITLE, EXCEPT THAT WHERE A PROVISION OF THIS TITLE
53 CONFLICTS WITH ANOTHER PROVISION OF THIS ARTICLE, THIS TITLE SHALL
54 APPLY.
55 2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE OR PROHIBIT AN
56 INSURER OR HEALTH PLAN UNDER THE INSURANCE LAW OR THE PUBLIC HEALTH LAW
S. 4041--A 11
1 TO PROVIDE COVERAGE FOR MEDICAL MARIHUANA. NOTHING IN THIS TITLE SHALL
2 BE CONSTRUED TO REQUIRE COVERAGE FOR MEDICAL MARIHUANA UNDER ARTICLE
3 TWENTY-FIVE OF THIS CHAPTER OR ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
4 3. A PERSON OR ENTITY SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL
5 LIABILITY OR PROFESSIONAL DISCIPLINE FOR ACTING REASONABLY AND IN GOOD
6 FAITH PURSUANT TO THIS TITLE.
7 S 3. Section 853 of the general business law is amended by adding a
8 new subdivision 3 to read as follows:
9 3. THIS ARTICLE SHALL NOT APPLY TO ANY SALE, FURNISHING OR POSSESSION
10 WHICH IS FOR A LAWFUL PURPOSE UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE
11 OF THE PUBLIC HEALTH LAW.
12 S 4. This act shall take effect sixty days after it shall become a
13 law; provided that the commissioner of health may make regulations and
14 issue forms provided for in this act before such effective date, except
15 that regulations necessary to implement sections 3364, 3365 and 3366 of
16 the public health law, as added by section two of this act, shall not be
17 promulgated except as set forth in section 3367 of the public health
18 law, as added by section two of this act.
weedsofdestiny
Well-Known Member
The Assembly bill has 49 co-sponsors and has already passed out of the Health Committee. The Senate bill has 14 co-sponsors.
https://ssl.capwiz.com/mpp/issues/alert/?alertid=10824586
^^Write your reps with e-mails and follow up with phone calls... my reps are all aboard on this one.... now its time for everyone else in the different counties to find out if their reps are on board....
This is important if we all want to finally take a step in the right direction.
https://ssl.capwiz.com/mpp/issues/alert/?alertid=10824586
^^Write your reps with e-mails and follow up with phone calls... my reps are all aboard on this one.... now its time for everyone else in the different counties to find out if their reps are on board....
This is important if we all want to finally take a step in the right direction.
Marijuana101
Well-Known Member
any new news?? I have taken action and want results!!!!!