S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6357
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 26, 2013
                                      ___________
       Introduced  by  M.  of  A.  GOTTFRIED,  LUPARDO,  CAHILL, CASTRO, CLARK,
         CYMBROWITZ, DINOWITZ, HEVESI, LAVINE, PAULIN,  PEOPLES-STOKES,  ROSEN-
         THAL, STEVENSON, TITONE, ARROYO, BOYLAND, BRONSON, BROOK-KRASNY, COOK,
         CRESPO, DenDEKKER, ESPINAL, FAHY, JAFFEE, KAVANAGH, LIFTON, O'DONNELL,
         OTIS,  RIVERA,  ROBERTS, SKARTADOS, STECK, WEPRIN, ZEBROWSKI -- Multi-
         Sponsored by  --  M.  of  A.  ABINANTI,  AUBRY,  BRAUNSTEIN,  BRENNAN,
         FARRELL,  GALEF,  GLICK,  HIKIND,  JACOBS,  KELLNER,  V. LOPEZ, MAGEE,
         MAISEL, MARKEY, McDONALD, MILLMAN, MOYA, PRETLOW, ROBINSON, RODRIGUEZ,
         SCARBOROUGH, SCHIMEL, SWEENEY, WEISENBERG, WRIGHT  --  read  once  and
         referred to the Committee on Health
       AN ACT to amend the public health law, the tax law, the general business
         law and the penal 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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01604-04-3
       A. 6357                             2
    1    It is the legislative intent that this act be implemented consistently
    2  with these findings and principles, through a  reasonable  and  workable
    3  system  with  appropriate oversight; strong "seed to sale" regulation to
    4  prevent diversion, abuse, and other illegal conduct;  reasonable  access
    5  to and appropriate use of medical marihuana by certified patients; eval-
    6  uation; and continuing research.
    7    S  2.  Article  33 of the public health law is amended by adding a new
    8  title 5-A to read as follows:
    9                                  TITLE V-A
   10                          MEDICAL USE OF MARIHUANA
   11  SECTION 3360.   DEFINITIONS.
   12          3361.   CERTIFICATION OF PATIENTS.
   13          3362.   LAWFUL MEDICAL USE.
   14          3363.   REGISTRY IDENTIFICATION CARDS.
   15          3364.   REGISTERED ORGANIZATIONS.
   16          3365.   REGISTERING OF REGISTERED ORGANIZATIONS.
   17          3366.   REPORTS BY REGISTERED ORGANIZATIONS.
   18          3367.   EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
   19          3368.   RELATION TO OTHER LAWS.
   20          3369.   PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA.
   21          3369-A. REGULATIONS.
   22          3369-B. SEVERABILITY.
   23    S 3360. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS  SHALL
   24  HAVE  THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
   25  WISE:
   26    1. "CERTIFIED MEDICAL USE" MEANS  THE  ACQUISITION,  POSSESSION,  USE,
   27  DELIVERY,  TRANSFER,  TRANSPORTATION, OR ADMINISTRATION OF MEDICAL MARI-
   28  HUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR USE AS PART  OF
   29  THE  TREATMENT OF THE PATIENT'S SERIOUS CONDITION SPECIFIED IN A CERTIF-
   30  ICATION UNDER SECTION THIRTY-THREE  HUNDRED  SIXTY-ONE  OF  THIS  TITLE,
   31  INCLUDING  ENABLING  THE  PATIENT  TO TOLERATE TREATMENT FOR THE SERIOUS
   32  CONDITION.
   33    2. "CARING FOR" MEANS TREATING OR COUNSELING A PATIENT, IN THE  COURSE
   34  OF  WHICH  THE  PRACTITIONER  HAS  COMPLETED  A  FULL  ASSESSMENT OF THE
   35  PATIENT'S MEDICAL HISTORY AND CURRENT MEDICAL CONDITION.
   36    3. "CERTIFIED PATIENT" MEANS A PATIENT WHO IS CERTIFIED UNDER  SECTION
   37  THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
   38    4.   "CERTIFICATION"   MEANS   A  CERTIFICATION,  MADE  UNDER  SECTION
   39  THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
   40    5. "DESIGNATED CAREGIVER" MEANS THE INDIVIDUAL DESIGNATED BY A  CERTI-
   41  FIED PATIENT IN A REGISTRY APPLICATION.
   42    6. "PUBLIC PLACE" MEANS A PUBLIC PLACE AS DEFINED IN SECTION 240.00 OF
   43  THE  PENAL  LAW, A MOTOR VEHICLE AS DEFINED IN SECTION ONE HUNDRED TWEN-
   44  TY-FIVE OF THE VEHICLE AND  TRAFFIC  LAW,  AN  AIRCRAFT  AS  DEFINED  IN
   45  SECTION  TWO  HUNDRED  FORTY  OF THE GENERAL BUSINESS LAW OR A VESSEL AS
   46  DEFINED IN SECTION TWO OF THE NAVIGATION LAW.
   47    7. "SERIOUS CONDITION" MEANS A SEVERE DEBILITATING OR LIFE-THREATENING
   48  CONDITION, INCLUDING, BUT NOT LIMITED  TO,  CANCER,  GLAUCOMA,  POSITIVE
   49  STATUS  FOR  HUMAN  IMMUNODEFICIENCY VIRUS OR ACQUIRED IMMUNE DEFICIENCY
   50  SYNDROME, PARKINSON'S DISEASE, MULTIPLE SCLEROSIS, DAMAGE TO THE NERVOUS
   51  TISSUE OF THE SPINAL CORD  WITH  OBJECTIVE  NEUROLOGICAL  INDICATION  OF
   52  INTRACTABLE  SPASTICITY,  EPILEPSY,  CACHEXIA, WASTING SYNDROME, CROHN'S
   53  DISEASE,  POST-TRAUMATIC  STRESS  DISORDER,  NEUROPATHY,   FIBROMYALGIA,
   54  ARTHRITIS,  LUPUS,  AND  DIABETES,  OR  A CONDITION ASSOCIATED WITH OR A
   55  COMPLICATION OF SUCH A CONDITION OR ITS  TREATMENT  (INCLUDING  BUT  NOT
       A. 6357                             3
    1  LIMITED  TO  INABILITY  TO TOLERATE FOOD, NAUSEA, VOMITING, DYSPHORIA OR
    2  PAIN) SUBJECT TO LIMITATION IN REGULATION OF THE COMMISSIONER.
    3    8. "MEDICAL MARIHUANA" MEANS MARIHUANA AS DEFINED IN SUBDIVISION TWEN-
    4  TY-ONE  OF SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE INTENDED FOR
    5  A CERTIFIED MEDICAL USE.
    6    9. "REGISTERED ORGANIZATION" MEANS  A  REGISTERED  ORGANIZATION  UNDER
    7  SECTIONS   THIRTY-THREE  HUNDRED  SIXTY-FOUR  AND  THIRTY-THREE  HUNDRED
    8  SIXTY-FIVE OF THIS TITLE.
    9    10. "REGISTRY APPLICATION" MEANS AN APPLICATION PROPERLY COMPLETED AND
   10  FILED  WITH  THE  DEPARTMENT  BY  A  CERTIFIED  PATIENT  UNDER   SECTION
   11  THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
   12    11.  "REGISTRY IDENTIFICATION CARD" MEANS A DOCUMENT THAT IDENTIFIES A
   13  CERTIFIED PATIENT OR DESIGNATED CAREGIVER,  AS  PROVIDED  UNDER  SECTION
   14  THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
   15    12.  "PRACTITIONER" MEANS A PRACTITIONER WHO IS A PHYSICIAN, PHYSICIAN
   16  ASSISTANT, OR  NURSE  PRACTITIONER,  ACTING  WITHIN  THE  PRACTITIONER'S
   17  LAWFUL SCOPE OF PRACTICE.
   18    13.  "TERMINALLY ILL" MEANS AN INDIVIDUAL HAS A MEDICAL PROGNOSIS THAT
   19  THE INDIVIDUAL'S LIFE EXPECTANCY IS APPROXIMATELY ONE YEAR  OR  LESS  IF
   20  THE ILLNESS RUNS ITS NORMAL COURSE.
   21    S 3361. CERTIFICATION OF PATIENTS. 1. A PATIENT CERTIFICATION MAY ONLY
   22  BE  ISSUED IF A PRACTITIONER WHO IS CARING FOR THE PATIENT FOR A SERIOUS
   23  CONDITION CERTIFIES THAT: (A) THE PATIENT HAS A SERIOUS CONDITION, WHICH
   24  SHALL BE SPECIFIED IN THE PATIENT'S HEALTH CARE RECORD; (B) THE  PATIENT
   25  IS  UNDER  THE PRACTITIONER'S CARE FOR THE SERIOUS CONDITION; AND (C) IN
   26  THE PRACTITIONER'S  PROFESSIONAL  OPINION,  THE  PATIENT  IS  LIKELY  TO
   27  RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE PRIMARY OR ADJUNCTIVE
   28  TREATMENT WITH MEDICAL USE OF MARIHUANA FOR THE SERIOUS CONDITION.
   29    2.  THE  CERTIFICATION  SHALL  BE IN WRITING AND INCLUDE (A) THE NAME,
   30  DATE OF BIRTH AND ADDRESS OF THE  PATIENT;  (B)  A  STATEMENT  THAT  THE
   31  PATIENT HAS A SERIOUS CONDITION; THE PATIENT IS UNDER THE PRACTITIONER'S
   32  CARE  FOR  THE SERIOUS CONDITION AND, IN THE PRACTITIONER'S PROFESSIONAL
   33  OPINION, THE PATIENT IS LIKELY  TO  RECEIVE  THERAPEUTIC  OR  PALLIATIVE
   34  BENEFIT  FROM  THE  PRIMARY  OR ADJUNCTIVE TREATMENT WITH MEDICAL USE OF
   35  MARIHUANA FOR THE SERIOUS CONDITION; (C) THE DATE;  AND  (D)  THE  NAME,
   36  ADDRESS,  FEDERAL  REGISTRATION  NUMBER, TELEPHONE NUMBER, AND THE HAND-
   37  WRITTEN SIGNATURE OF THE CERTIFYING PRACTITIONER.  THE COMMISSIONER  MAY
   38  REQUIRE BY REGULATION THAT THE CERTIFICATION SHALL BE ON A FORM PROVIDED
   39  BY  THE DEPARTMENT IF THE COMMISSIONER DETERMINES THAT THE DEPARTMENT IS
   40  MAKING CERTIFICATION FORMS ADEQUATELY AVAILABLE.   THE PRACTITIONER  MAY
   41  STATE  IN  THE  CERTIFICATION  THAT,  IN THE PRACTITIONER'S PROFESSIONAL
   42  OPINION THE PATIENT WOULD BENEFIT FROM MEDICAL MARIHUANA  ONLY  UNTIL  A
   43  SPECIFIED DATE. THE PRACTITIONER MAY STATE IN THE CERTIFICATION THAT, IN
   44  THE  PRACTITIONER'S  PROFESSIONAL  OPINION THE PATIENT IS TERMINALLY ILL
   45  AND THAT THE CERTIFICATION SHALL NOT EXPIRE UNTIL THE PATIENT DIES.
   46    3. THE PRACTITIONER SHALL GIVE  THE  CERTIFICATION  TO  THE  CERTIFIED
   47  PATIENT, AND PLACE A COPY IN THE PATIENT'S HEALTH CARE RECORD.
   48    4.  NO PRACTITIONER SHALL ISSUE A CERTIFICATION UNDER THIS SECTION FOR
   49  HIMSELF OR HERSELF.
   50    5. A REGISTRY IDENTIFICATION  CARD  BASED  ON  A  CERTIFICATION  SHALL
   51  EXPIRE  ONE YEAR AFTER THE DATE THE CERTIFICATION IS SIGNED BY THE PRAC-
   52  TITIONER; EXCEPT THAT WHERE A CERTIFIED PATIENT HAS A REGISTRY IDENTIFI-
   53  CATION CARD BASED ON A CURRENT VALID CERTIFICATION, A NEW REGISTRY IDEN-
   54  TIFICATION CARD BASED ON A NEW CERTIFICATION SHALL EXPIRE ONE YEAR AFTER
   55  THE EXPIRATION OF THE REGISTRY IDENTIFICATION CARD BASED ON THE  CURRENT
   56  VALID CERTIFICATION. HOWEVER,
       A. 6357                             4
    1    (A) IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT, IN THE PRAC-
    2  TITIONER'S  PROFESSIONAL OPINION, THE PATIENT WOULD BENEFIT FROM MEDICAL
    3  MARIHUANA ONLY UNTIL A SPECIFIED EARLIER DATE, THEN THE  REGISTRY  IDEN-
    4  TIFICATION CARD SHALL EXPIRE ON THAT DATE;
    5    (B)  IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT IN THE PRAC-
    6  TITIONER'S PROFESSIONAL OPINION THE PATIENT IS TERMINALLY ILL  AND  THAT
    7  THE  CERTIFICATION  SHALL  NOT  EXPIRE  UNTIL THE PATIENT DIES, THEN THE
    8  REGISTRY IDENTIFICATION CARD SHALL NOT EXPIRE UNTIL  THE  PATIENT  DIES;
    9  AND
   10    (C)  IF  THE PRACTITIONER RE-ISSUES THE CERTIFICATION TO TERMINATE THE
   11  CERTIFICATION ON AN EARLIER DATE, THEN THE REGISTRY IDENTIFICATION  CARD
   12  SHALL  EXPIRE  ON THAT DATE AND SHALL BE PROMPTLY RETURNED BY THE CERTI-
   13  FIED PATIENT TO THE DEPARTMENT.
   14    S 3362. LAWFUL MEDICAL  USE.  1.  THE  POSSESSION,  ACQUISITION,  USE,
   15  DELIVERY,  TRANSFER,  TRANSPORTATION, OR ADMINISTRATION OF MEDICAL MARI-
   16  HUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER POSSESSING A  VALID
   17  REGISTRY IDENTIFICATION CARD, FOR CERTIFIED MEDICAL USE, SHALL BE LAWFUL
   18  UNDER THIS TITLE; PROVIDED THAT:
   19    (A)  THE  MARIHUANA  THAT MAY BE POSSESSED BY A CERTIFIED PATIENT DOES
   20  NOT EXCEED A TOTAL AGGREGATE WEIGHT OF TWO AND ONE-HALF OUNCES OF  MARI-
   21  HUANA; AND
   22    (B) THE MARIHUANA THAT MAY BE POSSESSED BY A DESIGNATED CAREGIVER DOES
   23  NOT  EXCEED THE QUANTITIES REFERRED TO IN PARAGRAPH (A) OF THIS SUBDIVI-
   24  SION FOR EACH CERTIFIED PATIENT FOR WHOM THE CAREGIVER POSSESSES A VALID
   25  REGISTRY IDENTIFICATION CARD, UP TO FIVE CERTIFIED PATIENTS.
   26    2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION:
   27    (A) POSSESSION OF MARIHUANA SHALL NOT BE LAWFUL UNDER THIS TITLE IF IT
   28  IS CONSUMED, GROWN OR DISPLAYED IN A PUBLIC PLACE;
   29    (B) MEDICAL MARIHUANA MAY NOT BE SMOKED IN ANY PLACE WHERE TOBACCO MAY
   30  NOT BE SMOKED UNDER ARTICLE THIRTEEN-E OF THIS CHAPTER;
   31    (C) EXCEPT THAT IN A HEALTH CARE FACILITY, MEDICAL  MARIHUANA  MAY  BE
   32  SMOKED BY A PATIENT OF THE FACILITY, SUBJECT TO OTHER PROVISIONS OF THIS
   33  TITLE,  IN  AN AREA, AND UNDER CIRCUMSTANCES, PERMITTED BY THE FACILITY,
   34  PROVIDED THAT THE PATIENT DOES NOT SMOKE IN THE PRESENCE OF PATIENTS WHO
   35  ARE NOT CERTIFIED UNDER THIS TITLE.
   36    3. IT SHALL BE LAWFUL UNDER THIS ARTICLE TO GIVE OR DISPOSE  OF  MARI-
   37  HUANA,  OBTAINED  UNDER  THIS  TITLE, FOR CERTIFIED MEDICAL USE, BETWEEN
   38  CERTIFIED PATIENTS AND OTHER CERTIFIED PATIENTS, AND  BETWEEN  A  DESIG-
   39  NATED  CAREGIVER  AND THE DESIGNATED CAREGIVER'S CERTIFIED PATIENT WHERE
   40  NOTHING OF VALUE IS TRANSFERRED IN RETURN, OR TO OFFER TO DO  THE  SAME.
   41  THIS  PROHIBITION  ON  TRANSFERRING  OR  OFFERING TO TRANSFER A THING OF
   42  VALUE SHALL NOT:
   43    (A) APPLY TO SALE OF MEDICAL MARIHUANA TO OR BY A REGISTERED ORGANIZA-
   44  TION UNDER THIS ARTICLE; NOR
   45    (B) PREVENT A DESIGNATED CAREGIVER FROM BEING REIMBURSED  FOR  REASON-
   46  ABLE  COSTS  OR  ACTIVITIES  RELATING TO CARING FOR A CERTIFIED PATIENT,
   47  INCLUDING, BUT NOT LIMITED TO,  REIMBURSEMENT  FOR  LEGITIMATE  EXPENSES
   48  RELATING  TO  THE PURCHASE OF MEDICAL MARIHUANA FROM A REGISTERED ORGAN-
   49  IZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-SIX OF THIS TITLE.
   50    S 3363. REGISTRY IDENTIFICATION CARDS.  1. THE DEPARTMENT SHALL  ISSUE
   51  REGISTRY  IDENTIFICATION  CARDS  FOR  CERTIFIED  PATIENTS AND DESIGNATED
   52  CAREGIVERS. A REGISTRY IDENTIFICATION CARD SHALL EXPIRE AS  PROVIDED  IN
   53  SECTION  THIRTY-THREE  HUNDRED  SIXTY-ONE  OF THIS TITLE OR AS OTHERWISE
   54  PROVIDED IN THIS SECTION. THE DEPARTMENT SHALL  BEGIN  ISSUING  REGISTRY
   55  IDENTIFICATION  CARDS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF
   56  THIS SECTION.  THE DEPARTMENT MAY SPECIFY A FORM FOR A REGISTRY APPLICA-
       A. 6357                             5
    1  TION, IN WHICH CASE THE DEPARTMENT SHALL PROVIDE THE  FORM  ON  REQUEST,
    2  REPRODUCTIONS  OF  THE FORM MAY BE USED, AND THE FORM SHALL BE AVAILABLE
    3  FOR DOWNLOADING FROM THE DEPARTMENT'S WEBSITE.
    4    2.  TO OBTAIN, AMEND OR RENEW A REGISTRY IDENTIFICATION CARD, A CERTI-
    5  FIED PATIENT OR DESIGNATED CAREGIVER SHALL FILE A  REGISTRY  APPLICATION
    6  WITH  THE  DEPARTMENT.  THE  REGISTRY APPLICATION OR RENEWAL APPLICATION
    7  SHALL INCLUDE:
    8    (A) IN THE CASE OF A CERTIFIED PATIENT, THE ORIGINAL PATIENT'S CERTIF-
    9  ICATION (A NEW WRITTEN CERTIFICATION SHALL BE PROVIDED  WITH  A  RENEWAL
   10  APPLICATION);
   11    (B) IN THE CASE OF A CERTIFIED PATIENT,
   12    (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT;
   13    (II) THE DATE OF THE CERTIFICATION;
   14    (III)  IF  THE  PATIENT  HAS A REGISTRY IDENTIFICATION CARD BASED ON A
   15  CURRENT VALID CERTIFICATION,  THE  REGISTRY  IDENTIFICATION  NUMBER  AND
   16  EXPIRATION DATE OF THAT REGISTRY IDENTIFICATION CARD;
   17    (IV)  THE  SPECIFIED  DATE  UNTIL WHICH THE PATIENT WOULD BENEFIT FROM
   18  MEDICAL MARIHUANA, IF THE CERTIFICATION STATES SUCH A DATE;
   19    (V) THE NAME, ADDRESS,  FEDERAL  REGISTRATION  NUMBER,  AND  TELEPHONE
   20  NUMBER OF THE CERTIFYING PRACTITIONER; AND
   21    (VI)  OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
   22  MENT;
   23    (C) IN THE CASE OF A CERTIFIED PATIENT, IF THE  PATIENT  DESIGNATES  A
   24  DESIGNATED CAREGIVER, THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIG-
   25  NATED  CAREGIVER,  AND OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED
   26  BY THE DEPARTMENT; A CERTIFIED PATIENT MAY DESIGNATE UP  TO  TWO  DESIG-
   27  NATED  CAREGIVERS;  EXCEPT  THAT  A CERTIFIED PATIENT MAY DESIGNATE MORE
   28  THAN TWO CAREGIVERS IF THE ADDITIONAL  CAREGIVERS  ARE  MEMBERS  OF  THE
   29  CERTIFIED PATIENT'S IMMEDIATE FAMILY OR PHYSICAL HOUSEHOLD;
   30    (D) IN THE CASE OF A DESIGNATED CAREGIVER,
   31    (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIGNATED CAREGIVER;
   32    (II)  IF  THE DESIGNATED CAREGIVER HAS A REGISTRY IDENTIFICATION CARD,
   33  THE REGISTRY IDENTIFICATION NUMBER AND EXPIRATION DATE OF THAT  REGISTRY
   34  IDENTIFICATION CARD; AND
   35    (III) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
   36  MENT;
   37    (E)  A  STATEMENT  THAT  A  FALSE STATEMENT MADE IN THE APPLICATION IS
   38  PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW;
   39    (F) THE DATE OF THE APPLICATION AND THE  SIGNATURE  OF  THE  CERTIFIED
   40  PATIENT OR DESIGNATED CAREGIVER, AS THE CASE MAY BE; AND
   41    (G)  A  REASONABLE  APPLICATION  FEE, AS DETERMINED BY THE DEPARTMENT;
   42  PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE THE FEE  IN  CASES  OF
   43  FINANCIAL HARDSHIP.
   44    3. WHERE A CERTIFIED PATIENT IS UNDER THE AGE OF EIGHTEEN:
   45    (A)  THE  APPLICATION FOR A REGISTRY IDENTIFICATION CARD SHALL BE MADE
   46  BY AN APPROPRIATE PERSON OVER TWENTY-ONE YEARS OF AGE.  THE  APPLICATION
   47  SHALL STATE FACTS DEMONSTRATING THAT THE PERSON IS APPROPRIATE.
   48    (B)  THE  DESIGNATED CAREGIVER SHALL BE (I) A PARENT OR LEGAL GUARDIAN
   49  OF THE CERTIFIED PATIENT, (II) A PERSON DESIGNATED BY A PARENT OR  LEGAL
   50  GUARDIAN, OR (III) AN APPROPRIATE PERSON APPROVED BY THE DEPARTMENT UPON
   51  A  SUFFICIENT SHOWING THAT NO PARENT OR LEGAL GUARDIAN IS APPROPRIATE OR
   52  AVAILABLE.
   53    4. NO PERSON MAY BE A DESIGNATED CAREGIVER  IF  THE  PERSON  IS  UNDER
   54  TWENTY-ONE  YEARS  OF  AGE  UNLESS  A  SUFFICIENT SHOWING IS MADE TO THE
   55  DEPARTMENT THAT THE PERSON SHOULD BE PERMITTED TO SERVE AS A  DESIGNATED
   56  CAREGIVER.
       A. 6357                             6
    1    5.   NO PERSON MAY BE A DESIGNATED CAREGIVER FOR MORE THAN FIVE CERTI-
    2  FIED PATIENTS AT ONE TIME.
    3    6.  THE  DEPARTMENT SHALL ISSUE SEPARATE REGISTRY IDENTIFICATION CARDS
    4  FOR CERTIFIED PATIENTS AND DESIGNATED CAREGIVERS WITHIN THIRTY  DAYS  OF
    5  RECEIVING  A  COMPLETE  APPLICATION UNDER THIS SECTION, UNLESS IT DETER-
    6  MINES THAT THE APPLICATION IS  INCOMPLETE  OR  FACIALLY  INACCURATE,  IN
    7  WHICH CASE IT SHALL PROMPTLY NOTIFY THE APPLICANT.
    8    7.  IF THE APPLICATION OF A CERTIFIED PATIENT DESIGNATES AN INDIVIDUAL
    9  AS A DESIGNATED CAREGIVER WHO IS NOT AUTHORIZED TO BE A DESIGNATED CARE-
   10  GIVER, THAT PORTION OF THE APPLICATION SHALL BE DENIED BY THE DEPARTMENT
   11  BUT THAT SHALL NOT AFFECT THE APPROVAL OF THE BALANCE  OF  THE  APPLICA-
   12  TION.
   13    8. A REGISTRY IDENTIFICATION CARD SHALL CONTAIN:
   14    (A)  THE  NAME OF THE CERTIFIED PATIENT OR THE DESIGNATED CAREGIVER AS
   15  THE CASE MAY BE;
   16    (B) THE DATE OF ISSUANCE AND EXPIRATION DATE OF THE REGISTRY IDENTIFI-
   17  CATION CARD;
   18    (C) A REGISTRY IDENTIFICATION NUMBER  FOR  THE  CERTIFIED  PATIENT  OR
   19  DESIGNATED  CAREGIVER,  AS THE CASE MAY BE AND A REGISTRY IDENTIFICATION
   20  NUMBER; AND
   21    (D) A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE REGISTRY IDENTIFICATION
   22  CARD IS BEING ISSUED, WHICH SHALL BE OBTAINED BY  THE  DEPARTMENT  IN  A
   23  MANNER  SPECIFIED BY THE COMMISSIONER IN REGULATIONS; PROVIDED, HOWEVER,
   24  THAT IF THE DEPARTMENT REQUIRES CERTIFIED PATIENTS TO SUBMIT PHOTOGRAPHS
   25  FOR THIS PURPOSE, THERE SHALL BE A REASONABLE ACCOMMODATION OF CERTIFIED
   26  PATIENTS WHO ARE CONFINED TO THEIR HOMES DUE TO THEIR MEDICAL CONDITIONS
   27  AND MAY THEREFORE HAVE DIFFICULTY PROCURING PHOTOGRAPHS.
   28    9. A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WHO HAS BEEN  ISSUED  A
   29  REGISTRY  IDENTIFICATION  CARD SHALL NOTIFY THE DEPARTMENT OF ANY CHANGE
   30  IN HIS OR HER NAME OR ADDRESS OR, WITH RESPECT TO THE PATIENT, OR IF  HE
   31  OR  SHE  CEASES TO HAVE THE SERIOUS CONDITION NOTED ON THE CERTIFICATION
   32  WITHIN TEN DAYS OF SUCH CHANGE.
   33    10. IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER LOSES  HIS  OR  HER
   34  REGISTRY  IDENTIFICATION CARD, HE OR SHE SHALL NOTIFY THE DEPARTMENT AND
   35  SUBMIT A TEN DOLLAR FEE WITHIN TEN DAYS OF LOSING THE CARD  TO  MAINTAIN
   36  THE  REGISTRATION.  THE DEPARTMENT MAY ESTABLISH HIGHER FEES FOR ISSUING
   37  A NEW REGISTRY IDENTIFICATION CARD FOR SECOND  AND  SUBSEQUENT  REPLACE-
   38  MENTS FOR A LOST CARD, PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE
   39  THE  FEE  IN  CASES OF FINANCIAL HARDSHIP.   WITHIN FIVE DAYS AFTER SUCH
   40  NOTIFICATION AND PAYMENT, THE DEPARTMENT  SHALL  ISSUE  A  NEW  REGISTRY
   41  IDENTIFICATION  CARD,  WHICH  MAY  CONTAIN A NEW REGISTRY IDENTIFICATION
   42  NUMBER, TO THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER,  AS  THE  CASE
   43  MAY BE.
   44    11.  THE  DEPARTMENT SHALL MAINTAIN A CONFIDENTIAL LIST OF THE PERSONS
   45  TO WHOM IT HAS ISSUED REGISTRY IDENTIFICATION CARDS.  INDIVIDUAL IDENTI-
   46  FYING INFORMATION OBTAINED BY THE DEPARTMENT UNDER THIS TITLE  SHALL  BE
   47  CONFIDENTIAL  AND EXEMPT FROM DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC
   48  OFFICERS LAW. NOTWITHSTANDING THIS SUBDIVISION, THE DEPARTMENT MAY NOTI-
   49  FY ANY APPROPRIATE LAW ENFORCEMENT AGENCY OF INFORMATION RELATING TO ANY
   50  VIOLATION OR SUSPECTED VIOLATION OF THIS TITLE.
   51    12. THE DEPARTMENT SHALL VERIFY TO LAW  ENFORCEMENT  PERSONNEL  IN  AN
   52  APPROPRIATE CASE WHETHER A REGISTRY IDENTIFICATION CARD IS VALID.
   53    13.  IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WILLFULLY VIOLATES
   54  ANY PROVISION OF THIS TITLE AS DETERMINED BY THE DEPARTMENT, HIS OR  HER
   55  REGISTRY  IDENTIFICATION  CARD  MAY BE SUSPENDED OR REVOKED.  THIS IS IN
   56  ADDITION TO ANY OTHER PENALTY THAT MAY APPLY.
       A. 6357                             7
    1    14. (A) REGISTRY IMPLEMENTATION DATE. AS USED IN THIS SUBDIVISION, THE
    2  "REGISTRY IMPLEMENTATION DATE" IS THE DATE DETERMINED BY THE COMMISSION-
    3  ER WHEN THE DEPARTMENT IS READY TO  RECEIVE  AND  EXPEDITIOUSLY  ACT  ON
    4  APPLICATIONS FOR REGISTRY IDENTIFICATION CARDS UNDER THIS SECTION.
    5    (B)  ON AND AFTER THE REGISTRY IMPLEMENTATION DATE, UPON RECEIPT OF AN
    6  APPLICATION FOR A REGISTRY IDENTIFICATION  CARD,  THE  DEPARTMENT  SHALL
    7  SEND  TO  THE  APPLICANT  A LETTER ACKNOWLEDGING SUCH RECEIPT. WHILE THE
    8  APPLICATION FOR A REGISTRY IDENTIFICATION CARD IS PENDING, A COPY OF THE
    9  REGISTRY APPLICATION, TOGETHER WITH A COPY OF THE CERTIFICATION (IN  THE
   10  CASE  OF  A  CERTIFIED PATIENT) AND A COPY OF THE LETTER OF RECEIPT FROM
   11  THE DEPARTMENT, SHALL SERVE AS AND HAVE THE SAME EFFECT  AS  A  REGISTRY
   12  IDENTIFICATION  CARD  FOR THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER,
   13  PROVIDED THAT A CERTIFICATION AND APPLICATION SHALL NOT SERVE AS A VALID
   14  REGISTRY IDENTIFICATION CARD AFTER THE INITIAL THIRTY DAY  PERIOD  UNDER
   15  SUBDIVISION  SIX  OF THIS SECTION.  THIS PARAGRAPH SHALL EXPIRE AND HAVE
   16  NO EFFECT ONE YEAR AFTER THE REGISTRY IMPLEMENTATION DATE.
   17    15. IF THE DEPARTMENT FAILS TO BEGIN ISSUING  REGISTRY  IDENTIFICATION
   18  CARDS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, A
   19  PATIENT'S  CERTIFICATION SHALL SERVE AS THE REGISTRY IDENTIFICATION CARD
   20  FOR BOTH THE PATIENT AND THE PATIENT'S DESIGNATED CAREGIVER.
   21    S 3364. REGISTERED ORGANIZATIONS. 1. A REGISTERED  ORGANIZATION  SHALL
   22  BE:
   23    (A) A FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER; OR
   24    (B)  A FOR-PROFIT BUSINESS ENTITY OR NOT-FOR-PROFIT CORPORATION ORGAN-
   25  IZED FOR THE PURPOSE OF ACQUIRING, POSSESSING,  MANUFACTURING,  SELLING,
   26  DELIVERING,  TRANSPORTING,  DISTRIBUTING  OR  DISPENSING  MARIHUANA  FOR
   27  CERTIFIED MEDICAL USE.
   28    2. THE ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIVERY,  TRANSPORT-
   29  ING,  DISTRIBUTING  OR DISPENSING OF MARIHUANA BY A REGISTERED ORGANIZA-
   30  TION UNDER THIS TITLE IN ACCORDANCE WITH ITS REGISTRATION UNDER  SECTION
   31  THIRTY-THREE HUNDRED SIXTY-FIVE OF THIS TITLE OR A RENEWAL THEREOF SHALL
   32  BE  LAWFUL  UNDER  THIS  TITLE.   A REGISTERED ORGANIZATION MAY TRANSFER
   33  POSSESSION OF MARIHUANA TO, AND MAY RECOVER POSSESSION OF  IT  FROM,  AN
   34  ENTITY  LICENSED  BY  THE  DEPARTMENT UNDER SECTION THIRTY-THREE HUNDRED
   35  TWENTY-FOUR OF THIS TITLE FOR PURPOSES OF CHEMICAL ANALYSIS.
   36    3. A REGISTERED ORGANIZATION MAY LAWFULLY, IN GOOD FAITH, SELL, DELIV-
   37  ER, DISTRIBUTE OR DISPENSE MEDICAL MARIHUANA TO A CERTIFIED  PATIENT  OR
   38  DESIGNATED CAREGIVER UPON PRESENTATION TO THE REGISTERED ORGANIZATION OF
   39  A  VALID  REGISTRY  IDENTIFICATION  CARD  FOR  THAT CERTIFIED PATIENT OR
   40  DESIGNATED CAREGIVER. WHEN PRESENTED WITH  THE  REGISTRY  IDENTIFICATION
   41  CARD, THE REGISTERED ORGANIZATION SHALL PROVIDE TO THE CERTIFIED PATIENT
   42  OR DESIGNATED CAREGIVER A RECEIPT, WHICH SHALL STATE: THE NAME, ADDRESS,
   43  AND  REGISTRY  IDENTIFICATION NUMBER OF THE REGISTERED ORGANIZATION; THE
   44  REGISTRY IDENTIFICATION NUMBER OF THE CERTIFIED PATIENT AND  THE  DESIG-
   45  NATED CAREGIVER (IF ANY); AND THE QUANTITY OF MARIHUANA SOLD. THE REGIS-
   46  TERED  ORGANIZATION  SHALL  RETAIN A COPY OF THE REGISTRY IDENTIFICATION
   47  CARD AND THE RECEIPT FOR ONE YEAR.
   48    4.  NO  REGISTERED  ORGANIZATION  MAY  SELL,  DELIVER,  DISTRIBUTE  OR
   49  DISPENSE  TO ANY CERTIFIED PATIENT OR DESIGNATED CAREGIVER A QUANTITY OF
   50  MEDICAL MARIHUANA LARGER  THAN  THAT  INDIVIDUAL  WOULD  BE  ALLOWED  TO
   51  POSSESS UNDER THIS TITLE.
   52    5.  WHEN  A  REGISTERED  ORGANIZATION  SELLS, DELIVERS, DISTRIBUTES OR
   53  DISPENSES MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR  DESIGNATED  CARE-
   54  GIVER,  IT  SHALL PROVIDE TO THAT INDIVIDUAL A SAFETY INSERT, WHICH WILL
   55  BE DEVELOPED AND APPROVED BY THE COMMISSIONER AND INCLUDE,  BUT  NOT  BE
   56  LIMITED TO, INFORMATION ON:
       A. 6357                             8
    1    (A) METHODS FOR ADMINISTERING MEDICAL MARIHUANA,
    2    (B)  ANY POTENTIAL DANGERS STEMMING FROM THE USE OF MEDICAL MARIHUANA,
    3  AND
    4    (C) HOW TO RECOGNIZE WHAT MAY BE PROBLEMATIC USAGE OF MEDICAL MARIHUA-
    5  NA AND OBTAIN APPROPRIATE SERVICES OR TREATMENT  FOR PROBLEMATIC USAGE.
    6    6. MANUFACTURING OF MEDICAL MARIHUANA  BY  A  REGISTERED  ORGANIZATION
    7  SHALL ONLY BE DONE IN AN INDOOR, ENCLOSED, SECURE FACILITY.
    8    7.  A REGISTERED ORGANIZATION SHALL DETERMINE THE QUALITY, SAFETY, AND
    9  CLINICAL STRENGTH OF MEDICAL MARIHUANA MANUFACTURED OR DISPENSED BY  THE
   10  REGISTERED  ORGANIZATION, AND SHALL PROVIDE DOCUMENTATION OF THAT QUALI-
   11  TY, SAFETY AND CLINICAL STRENGTH TO THE DEPARTMENT AND TO ANY PERSON  OR
   12  ENTITY TO WHICH THE MEDICAL MARIHUANA IS SOLD OR DISPENSED.
   13    8.  A  REGISTERED  ORGANIZATION  SHALL  BE DEEMED TO BE A "HEALTH CARE
   14  PROVIDER" FOR THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF  THIS  CHAP-
   15  TER.
   16    S  3365.  REGISTERING  OF REGISTERED ORGANIZATIONS. 1. APPLICATION FOR
   17  INITIAL REGISTRATION. (A) AN APPLICANT FOR REGISTRATION AS A  REGISTERED
   18  ORGANIZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE
   19  SHALL FURNISH TO THE DEPARTMENT A DESCRIPTION OF THE ACTIVITIES IN WHICH
   20  IT  INTENDS  TO  ENGAGE AS A REGISTERED ORGANIZATION AND ANY INFORMATION
   21  THE DEPARTMENT SHALL REASONABLY REQUIRE AND EVIDENCE THAT THE APPLICANT:
   22    (I) AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARACTER;
   23    (II) POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT LAND, BUILDINGS, AND
   24  OTHER PREMISES (WHICH SHALL BE SPECIFIED IN THE APPLICATION) AND  EQUIP-
   25  MENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICATION;
   26    (III)  IS  ABLE  TO MAINTAIN EFFECTIVE SECURITY AND CONTROL TO PREVENT
   27  DIVERSION, ABUSE, AND OTHER ILLEGAL CONDUCT RELATING TO  THE  MARIHUANA;
   28  AND
   29    (IV)  IS ABLE TO COMPLY WITH ALL APPLICABLE STATE LAWS AND REGULATIONS
   30  RELATING TO THE ACTIVITIES IN WHICH  IT  INTENDS  TO  ENGAGE  UNDER  THE
   31  REGISTRATION.
   32    (B) THE APPLICATION SHALL ESTABLISH THE APPLICANT'S STATUS UNDER PARA-
   33  GRAPH  (A)  OR  (B)  OF  SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED
   34  SIXTY-FOUR OF THIS TITLE.
   35    (C) THE APPLICATION SHALL INCLUDE  THE  NAME,  RESIDENCE  ADDRESS  AND
   36  TITLE  OF  EACH OF THE OFFICERS AND DIRECTORS AND THE NAME AND RESIDENCE
   37  ADDRESS OF ANY PERSON OR ENTITY THAT IS A MEMBER OF THE APPLICANT.  EACH
   38  SUCH PERSON, IF AN INDIVIDUAL, OR LAWFUL REPRESENTATIVE IF A LEGAL ENTI-
   39  TY, SHALL SUBMIT AN AFFIDAVIT WITH THE APPLICATION SETTING FORTH:
   40    (I)  ANY  POSITION OF MANAGEMENT OR OWNERSHIP DURING THE PRECEDING TEN
   41  YEARS OF A TEN PER CENTUM OR GREATER INTEREST  IN  ANY  OTHER  BUSINESS,
   42  LOCATED IN OR OUTSIDE THIS STATE, MANUFACTURING OR DISTRIBUTING DRUGS;
   43    (II)  WHETHER SUCH PERSON OR ANY SUCH BUSINESS HAS BEEN CONVICTED OF A
   44  FELONY OR HAD A REGISTRATION OR LICENSE  SUSPENDED  OR  REVOKED  IN  ANY
   45  ADMINISTRATIVE OR JUDICIAL PROCEEDING; AND
   46    (III)  SUCH  OTHER  INFORMATION  AS  THE  COMMISSIONER  MAY REASONABLY
   47  REQUIRE.
   48    (D) THE APPLICANT SHALL BE UNDER A CONTINUING DUTY TO  REPORT  TO  THE
   49  DEPARTMENT  ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED IN THE APPLI-
   50  CATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR  CIRCUMSTANCE  WHICH
   51  IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
   52    2. GRANTING OF REGISTRATION. (A) THE COMMISSIONER SHALL GRANT A REGIS-
   53  TRATION  OR  AMENDMENT TO A REGISTRATION UNDER THIS SECTION IF HE OR SHE
   54  IS SATISFIED THAT:
   55    (I) THE APPLICANT WILL BE ABLE TO MAINTAIN EFFECTIVE  CONTROL  AGAINST
   56  DIVERSION OF MARIHUANA;
       A. 6357                             9
    1    (II)  THE  APPLICANT  WILL BE ABLE TO COMPLY WITH ALL APPLICABLE STATE
    2  LAWS;
    3    (III)  THE  APPLICANT  AND ITS OFFICERS ARE READY, WILLING AND ABLE TO
    4  PROPERLY CARRY ON THE MANUFACTURING OR DISTRIBUTING ACTIVITY FOR WHICH A
    5  REGISTRATION IS SOUGHT;
    6    (IV) THE APPLICANT POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT  LAND,
    7  BUILDINGS  AND  EQUIPMENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN
    8  THE APPLICATION;
    9    (V) IT IS IN THE PUBLIC INTEREST THAT SUCH REGISTRATION BE GRANTED; IN
   10  THE CASE OF AN APPLICANT UNDER SUBDIVISION ONE OF  SECTION  THIRTY-THREE
   11  HUNDRED  SIXTY-FOUR OF THIS TITLE, THE COMMISSIONER MAY CONSIDER WHETHER
   12  THE NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA WILL  BE  ADEQUATE  OR
   13  EXCESSIVE TO REASONABLY SERVE THE AREA; AND
   14    (VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
   15  TER.
   16    (B)  IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT SHOULD BE
   17  ISSUED A REGISTRATION, HE OR SHE SHALL NOTIFY THE APPLICANT  IN  WRITING
   18  OF  THOSE FACTORS UPON WHICH FURTHER EVIDENCE IS REQUIRED. WITHIN THIRTY
   19  DAYS OF THE RECEIPT OF SUCH NOTIFICATION, THE APPLICANT MAY SUBMIT ADDI-
   20  TIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEARING, OR BOTH.
   21    (C) THE FEE FOR A REGISTRATION UNDER THIS SECTION SHALL BE  A  REASON-
   22  ABLE  AMOUNT  DETERMINED  BY  THE  DEPARTMENT  IN REGULATIONS; PROVIDED,
   23  HOWEVER, IF THE REGISTRATION IS ISSUED FOR A  PERIOD  GREATER  THAN  TWO
   24  YEARS THE FEE SHALL BE INCREASED, PRO RATA, FOR EACH ADDITIONAL MONTH OF
   25  VALIDITY.
   26    (D)  REGISTRATIONS  ISSUED  UNDER THIS SECTION SHALL BE EFFECTIVE ONLY
   27  FOR AND SHALL SPECIFY:
   28    (I) THE NAME AND ADDRESS OF THE REGISTERED ORGANIZATION;
   29    (II) WHICH ACTIVITIES OF A REGISTERED ORGANIZATION  ARE  PERMITTED  BY
   30  THE REGISTRATION;
   31    (III)  THE  LAND,  BUILDINGS  AND  FACILITIES THAT MAY BE USED FOR THE
   32  PERMITTED ACTIVITIES OF THE REGISTERED ORGANIZATION; AND
   33    (IV) SUCH OTHER MATTERS AS THE COMMISSIONER SHALL  REASONABLY  PROVIDE
   34  TO ASSURE COMPLIANCE WITH THIS TITLE.
   35    (E)  UPON APPLICATION OF A REGISTERED ORGANIZATION, A REGISTRATION MAY
   36  BE AMENDED TO ALLOW THE REGISTERED ORGANIZATION TO RELOCATE  WITHIN  THE
   37  STATE  OR  TO ADD OR DELETE PERMITTED REGISTERED ORGANIZATION ACTIVITIES
   38  OR FACILITIES. THE FEE FOR SUCH AMENDMENT SHALL  BE  TWO  HUNDRED  FIFTY
   39  DOLLARS.
   40    3.  A  REGISTRATION  ISSUED  UNDER THIS SECTION SHALL BE VALID FOR TWO
   41  YEARS FROM THE DATE OF ISSUE, EXCEPT THAT IN  ORDER  TO  FACILITATE  THE
   42  RENEWALS  OF  SUCH  REGISTRATIONS, THE COMMISSIONER MAY UPON THE INITIAL
   43  APPLICATION FOR A  REGISTRATION,  ISSUE  SOME  REGISTRATIONS  WHICH  MAY
   44  REMAIN VALID FOR A PERIOD OF TIME GREATER THAN TWO YEARS BUT NOT EXCEED-
   45  ING AN ADDITIONAL ELEVEN MONTHS.
   46    4.  APPLICATIONS  FOR RENEWAL OF REGISTRATIONS. (A) AN APPLICATION FOR
   47  THE RENEWAL OF ANY REGISTRATION ISSUED UNDER THIS SECTION SHALL BE FILED
   48  WITH THE DEPARTMENT NOT MORE THAN SIX MONTHS NOR LESS THAN  FOUR  MONTHS
   49  PRIOR  TO  THE  EXPIRATION  THEREOF.  A  LATE-FILED  APPLICATION FOR THE
   50  RENEWAL OF A REGISTRATION MAY, IN THE DISCRETION OF THE COMMISSIONER, BE
   51  TREATED AS AN APPLICATION FOR AN INITIAL LICENSE.
   52    (B)  THE  APPLICATION  FOR  RENEWAL  SHALL  INCLUDE  SUCH  INFORMATION
   53  PREPARED  IN  THE  MANNER  AND  DETAIL  AS THE COMMISSIONER MAY REQUIRE,
   54  INCLUDING BUT NOT LIMITED TO:
   55    (I) ANY MATERIAL CHANGE IN THE  CIRCUMSTANCES  OR  FACTORS  LISTED  IN
   56  SUBDIVISION ONE OF THIS SECTION; AND
       A. 6357                            10
    1    (II)  EVERY KNOWN CHARGE OR INVESTIGATION, PENDING OR CONCLUDED DURING
    2  THE PERIOD OF THE REGISTRATION, BY ANY GOVERNMENTAL AGENCY WITH  RESPECT
    3  TO:
    4    (A)  EACH  INCIDENT  OR ALLEGED INCIDENT INVOLVING THE THEFT, LOSS, OR
    5  POSSIBLE DIVERSION OF  MARIHUANA  MANUFACTURED  OR  DISTRIBUTED  BY  THE
    6  APPLICANT; AND
    7    (B)  COMPLIANCE  BY  THE  APPLICANT  WITH  THE  LAWS OF THE STATE WITH
    8  RESPECT TO ANY SUBSTANCE LISTED IN SECTION THIRTY-THREE HUNDRED  SIX  OF
    9  THIS ARTICLE.
   10    (C)  AN  APPLICANT  FOR  RENEWAL  SHALL  BE UNDER A CONTINUING DUTY TO
   11  REPORT TO THE DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES  REFLECTED
   12  IN  THE APPLICATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUM-
   13  STANCE WHICH IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
   14    (D) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT  IS  ENTI-
   15  TLED TO A RENEWAL OF THE REGISTRATION, HE OR SHE SHALL WITHIN FORTY-FIVE
   16  DAYS AFTER THE FILING OF THE APPLICATION SERVE UPON THE APPLICANT OR HIS
   17  OR  HER  ATTORNEY OF RECORD IN PERSON OR BY REGISTERED OR CERTIFIED MAIL
   18  AN ORDER DIRECTING THE APPLICANT TO SHOW CAUSE WHY HIS OR  HER  APPLICA-
   19  TION FOR RENEWAL SHOULD NOT BE DENIED. THE ORDER SHALL SPECIFY IN DETAIL
   20  THE  RESPECTS  IN WHICH THE APPLICANT HAS NOT SATISFIED THE COMMISSIONER
   21  THAT THE REGISTRATION SHOULD BE RENEWED.
   22    (E) WITHIN THIRTY DAYS OF SERVICE OF SUCH  ORDER,  THE  APPLICANT  MAY
   23  SUBMIT  ADDITIONAL  MATERIAL  TO THE COMMISSIONER OR DEMAND A HEARING OR
   24  BOTH. IF A HEARING IS DEMANDED THE COMMISSIONER SHALL  FIX  A  DATE  FOR
   25  HEARING  NOT  SOONER  THAN FIFTEEN DAYS NOR LATER THAN THIRTY DAYS AFTER
   26  RECEIPT OF THE DEMAND, UNLESS SUCH TIME  LIMITATION  IS  WAIVED  BY  THE
   27  APPLICANT.
   28    5.  GRANTING  OF  RENEWAL OF REGISTRATIONS. (A) THE COMMISSIONER SHALL
   29  RENEW A REGISTRATION UNLESS HE OR SHE  DETERMINES  AND  FINDS  THAT  THE
   30  APPLICANT:
   31    (I)  IS  UNLIKELY TO MAINTAIN OR BE ABLE TO MAINTAIN EFFECTIVE CONTROL
   32  AGAINST DIVERSION; OR
   33    (II) IS UNLIKELY TO COMPLY WITH  ALL  STATE  LAWS  APPLICABLE  TO  THE
   34  ACTIVITIES IN WHICH IT MAY ENGAGE UNDER THE REGISTRATION; OR
   35    (III)  IS  AN  APPLICANT UNDER SUBDIVISION ONE OF SECTION THIRTY-THREE
   36  HUNDRED SIXTY-FOUR OF THIS TITLE, IN WHICH  CASE  THE  COMMISSIONER  MAY
   37  CONSIDER  WHETHER  THE  NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA IS
   38  ADEQUATE OR EXCESSIVE TO REASONABLY SERVE THE AREA.
   39    (B) FOR PURPOSES OF THIS SECTION, PROOF THAT  A  REGISTERED  ORGANIZA-
   40  TION,  DURING  THE  PERIOD  OF  ITS REGISTRATION, HAS FAILED TO MAINTAIN
   41  EFFECTIVE CONTROL AGAINST DIVERSION  OR  HAS  KNOWINGLY  OR  NEGLIGENTLY
   42  FAILED  TO  COMPLY WITH APPLICABLE STATE LAWS RELATING TO THE ACTIVITIES
   43  IN WHICH IT ENGAGES UNDER THE REGISTRATION, SHALL CONSTITUTE SUBSTANTIAL
   44  EVIDENCE THAT THE APPLICANT  WILL  BE  UNLIKELY  TO  MAINTAIN  EFFECTIVE
   45  CONTROL  AGAINST DIVERSION OR WILL BE UNLIKELY TO COMPLY WITH THE APPLI-
   46  CABLE STATE STATUTES DURING THE PERIOD OF PROPOSED RENEWAL.
   47    6. THE DEPARTMENT MAY SUSPEND  OR  TERMINATE  THE  REGISTRATION  OF  A
   48  REGISTERED  ORGANIZATION,  ON  GROUNDS  AND  USING PROCEDURES UNDER THIS
   49  ARTICLE RELATING TO A LICENSE, TO THE EXTENT CONSISTENT WITH THIS TITLE.
   50  CONDUCT IN COMPLIANCE WITH THIS TITLE, BUT WHICH MAY VIOLATE CONFLICTING
   51  FEDERAL LAW, SHALL NOT BE GROUNDS TO SUSPEND OR  TERMINATE  A  REGISTRA-
   52  TION.
   53    7.  A  REGISTERED  ORGANIZATION  IS  ENTITLED  TO  ALL  OF THE RIGHTS,
   54  PROTECTIONS, AND PROCEDURES PROVIDED TO A LICENSEE UNDER THIS ARTICLE.
       A. 6357                            11
    1    8. THE DEPARTMENT SHALL BEGIN  ISSUING  REGISTRATIONS  FOR  REGISTERED
    2  ORGANIZATIONS  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
    3  SECTION.
    4    9.  THE  COMMISSIONER SHALL DETERMINE THE APPROPRIATE NUMBER OF REGIS-
    5  TERED ORGANIZATIONS AND  FACILITIES  TO  PROMOTE  REASONABLE  ACCESS  TO
    6  MEDICAL MARIHUANA IN THE INTEREST OF CERTIFIED PATIENTS AND THE PUBLIC.
    7    S  3366.  REPORTS  BY  REGISTERED  ORGANIZATIONS.  1. THE COMMISSIONER
    8  SHALL, BY REGULATION,  REQUIRE  EACH  REGISTERED  ORGANIZATION  TO  FILE
    9  REPORTS  BY THE REGISTERED ORGANIZATION DURING A PARTICULAR PERIOD.  THE
   10  COMMISSIONER SHALL DETERMINE THE INFORMATION  TO  BE  REPORTED  AND  THE
   11  FORMS, TIME, AND MANNER OF THE REPORTING.
   12    2.    THE  COMMISSIONER  SHALL, BY REGULATION, REQUIRE EACH REGISTERED
   13  ORGANIZATION TO ADOPT AND MAINTAIN SECURITY, TRACKING, AND  SURVEILLANCE
   14  SYSTEMS,  RELATING TO ALL MEDICAL MARIHUANA AT EVERY STAGE OF ACQUIRING,
   15  POSSESSION, MANUFACTURE, SALE, DELIVERY, TRANSPORTING, DISTRIBUTING,  OR
   16  DISPENSING BY THE REGISTERED ORGANIZATION, SUBJECT TO REGULATIONS OF THE
   17  COMMISSIONER.
   18    S  3367.  EVALUATION;  RESEARCH PROGRAMS; REPORT BY DEPARTMENT. 1. THE
   19  COMMISSIONER MAY PROVIDE FOR THE ANALYSIS AND EVALUATION OF  THE  OPERA-
   20  TION  OF THIS TITLE. THE COMMISSIONER MAY ENTER INTO AGREEMENTS WITH ONE
   21  OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS OR OTHER ORGANIZATIONS, FOR
   22  THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTATION AND EFFECTIVENESS
   23  OF THIS TITLE.
   24    2. THE DEPARTMENT MAY DEVELOP, SEEK  ANY  NECESSARY  FEDERAL  APPROVAL
   25  FOR, AND CARRY OUT RESEARCH PROGRAMS RELATING TO MEDICAL USE OF MARIHUA-
   26  NA.    PARTICIPATION  IN ANY SUCH RESEARCH PROGRAM SHALL BE VOLUNTARY ON
   27  THE PART OF PRACTITIONERS, PATIENTS, AND DESIGNATED CAREGIVERS.
   28    3. THE DEPARTMENT SHALL REPORT EVERY TWO YEARS,  BEGINNING  TWO  YEARS
   29  AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA-
   30  TURE ON THE MEDICAL USE OF MARIHUANA UNDER THIS TITLE AND MAKE APPROPRI-
   31  ATE RECOMMENDATIONS.
   32    S  3368.  RELATION  TO  OTHER  LAWS. 1. THE PROVISIONS OF THIS ARTICLE
   33  SHALL APPLY TO THIS TITLE, EXCEPT THAT WHERE A PROVISION OF  THIS  TITLE
   34  CONFLICTS  WITH  ANOTHER  PROVISION  OF  THIS  ARTICLE, THIS TITLE SHALL
   35  APPLY.
   36    2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE OR PROHIBIT  AN
   37  INSURER  OR  HEALTH  PLAN  UNDER  THIS  CHAPTER  OR THE INSURANCE LAW TO
   38  PROVIDE COVERAGE FOR MEDICAL MARIHUANA. NOTHING IN THIS TITLE  SHALL  BE
   39  CONSTRUED  TO REQUIRE COVERAGE FOR MEDICAL MARIHUANA UNDER ARTICLE TWEN-
   40  TY-FIVE OF THIS CHAPTER OR ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
   41    3. A PERSON OR ENTITY SHALL  NOT  BE  SUBJECT  TO  CRIMINAL  OR  CIVIL
   42  LIABILITY  OR  PROFESSIONAL DISCIPLINE FOR ACTING REASONABLY AND IN GOOD
   43  FAITH PURSUANT TO THIS TITLE.
   44    S 3369. PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA.  1.    CERTIFIED
   45  PATIENTS, DESIGNATED CAREGIVERS, PRACTITIONERS, REGISTERED ORGANIZATIONS
   46  AND  THE  EMPLOYEES  OF REGISTERED ORGANIZATIONS SHALL NOT BE SUBJECT TO
   47  ARREST, PROSECUTION, OR PENALTY IN ANY MANNER, OR DENIED  ANY  RIGHT  OR
   48  PRIVILEGE,  INCLUDING  BUT  NOT LIMITED TO CIVIL PENALTY OR DISCIPLINARY
   49  ACTION BY A BUSINESS OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD  OR
   50  BUREAU,  SOLELY FOR THE CERTIFIED MEDICAL USE OR MANUFACTURE OF MARIHUA-
   51  NA, OR FOR ANY OTHER ACTION OR CONDUCT IN ACCORDANCE  WITH  THIS  TITLE.
   52  STATE  OR  LOCAL  LAW  ENFORCEMENT  AGENCIES SHALL NOT COOPERATE WITH OR
   53  PROVIDE ASSISTANCE TO THE GOVERNMENT OF THE UNITED STATES OR ANY  AGENCY
   54  THEREOF  IN ENFORCING THE CONTROLLED SUBSTANCES ACT, 21 U.S.C. S 801 ET.
   55  SEQ., SOLELY FOR ACTIONS AND CONDUCT CONSISTENT WITH THIS TITLE,  EXCEPT
   56  AS PURSUANT TO A VALID COURT ORDER.
       A. 6357                            12
    1    2.  AFFIRMATIVE  DEFENSE. A PATIENT AND A PATIENT'S CAREGIVER WHO HAVE
    2  FAILED TO OBTAIN A REGISTRY IDENTIFICATION CARD MAY ASSERT  AN  AFFIRMA-
    3  TIVE  DEFENSE TO ANY PROSECUTION UNDER STATE LAW FOR ACTIONS AND CONDUCT
    4  THAT IS OTHERWISE CONSISTENT WITH THE CERTIFIED MEDICAL USE OF MARIHUANA
    5  AS DEFINED UNDER THIS TITLE.
    6    3.  INCIDENTAL  AMOUNT  OF  MARIHUANA. ANY INCIDENTAL AMOUNT OF SEEDS,
    7  STALKS, AND UNUSABLE ROOTS SHALL NOT BE INCLUDED IN THE  AMOUNTS  SPECI-
    8  FIED  IN  SUBDIVISION  ONE  OF SECTION THIRTY-THREE HUNDRED SIXTY-TWO OF
    9  THIS TITLE.
   10    4. SCHOOL, EMPLOYER, OR  LANDLORD  MAY  NOT  DISCRIMINATE.  A  SCHOOL,
   11  EMPLOYER,  OR LANDLORD MAY NOT REFUSE TO ENROLL OR EMPLOY OR LEASE TO OR
   12  OTHERWISE PENALIZE A PERSON SOLELY FOR THAT PERSON'S STATUS AS A  CERTI-
   13  FIED  PATIENT  OR DESIGNATED CAREGIVER UNLESS FAILING TO DO SO WOULD PUT
   14  THE SCHOOL, EMPLOYER, OR LANDLORD IN VIOLATION OF FEDERAL LAW  OR  CAUSE
   15  IT TO LOSE A FEDERAL CONTRACT OR FUNDING.
   16    5.  PERSON MAY NOT BE DENIED MEDICAL CARE, INCLUDING ORGAN TRANSPLANT.
   17  FOR THE  PURPOSES  OF  MEDICAL  CARE,  INCLUDING  ORGAN  TRANSPLANTS,  A
   18  PATIENT'S  MEDICAL  USE  OF MARIHUANA SHALL NOT CONSTITUTE THE USE OF AN
   19  ILLICIT  SUBSTANCE  AND  MAY  ONLY  BE  CONSIDERED   WITH   RESPECT   TO
   20  EVIDENCE-BASED CLINICAL CRITERIA.
   21    6.  PERSON  MAY NOT BE DENIED CUSTODY OR VISITATION OF MINOR. A PERSON
   22  SHALL NOT BE DENIED CUSTODY OR VISITATION  OF  A  MINOR  FOR  ACTING  IN
   23  ACCORDANCE  WITH THIS TITLE UNLESS THE PERSON'S BEHAVIOR IS SUCH THAT IT
   24  CREATES AN UNREASONABLE DANGER TO THE MINOR THAT CAN BE  CLEARLY  ARTIC-
   25  ULATED AND SUBSTANTIATED.
   26    7.  EFFECT OF REGISTRY IDENTIFICATION CARD ISSUED BY ANOTHER JURISDIC-
   27  TION. A REGISTRY IDENTIFICATION CARD, OR ITS EQUIVALENT, THAT IS  ISSUED
   28  UNDER  THE  LAWS OF ANOTHER STATE, DISTRICT, TERRITORY, COMMONWEALTH, OR
   29  POSSESSION OF THE UNITED STATES THAT ALLOWS THE MEDICAL USE OF MARIHUANA
   30  HAS THE SAME FORCE AND EFFECT AS A REGISTRY IDENTIFICATION  CARD  ISSUED
   31  BY  THE  DEPARTMENT, SO LONG AS THE VISITING PATIENT'S SERIOUS CONDITION
   32  WOULD QUALIFY FOR THE CERTIFIED MEDICAL  USE  OF  MARIHUANA  UNDER  THIS
   33  TITLE.
   34    S  3369-A.  REGULATIONS. 1. THE COMMISSIONER SHALL MAKE REGULATIONS TO
   35  IMPLEMENT THIS TITLE.
   36    2. ADVISORY COMMITTEE. THERE IS HEREBY ESTABLISHED IN  THE  DEPARTMENT
   37  AN ADVISORY COMMITTEE ON MEDICAL USE OF MARIHUANA (THE "ADVISORY COMMIT-
   38  TEE")  TO ADVISE THE COMMISSIONER ON MAKING REGULATIONS UNDER THIS TITLE
   39  AND ON ANY MATTERS RELATING TO THE IMPLEMENTATION OF THIS TITLE  AS  THE
   40  COMMISSIONER  SHALL DETERMINE. THE MEMBERS OF THE ADVISORY COMMITTEE AND
   41  ANY SUBCOMMITTEE OF THE ADVISORY  COMMITTEE  ("SUBCOMMITTEE")  SHALL  BE
   42  APPOINTED  BY THE COMMISSIONER AND INCLUDE BUT NOT BE LIMITED TO: HEALTH
   43  CARE PRACTITIONERS, PATIENTS OR REPRESENTATIVES OF PATIENTS WITH SERIOUS
   44  CONDITIONS, EXPERTS IN  THE  REGULATION  OF  CONTROLLED  SUBSTANCES  FOR
   45  MEDICAL  USE,  MEDICAL MARIHUANA INDUSTRY PROFESSIONALS AND LAW ENFORCE-
   46  MENT. THE COMMISSIONER MAY  ALSO  FORM  SUBCOMMITTEES  OF  THE  ADVISORY
   47  COMMITTEE.  THE  COMMISSIONER  SHALL  FORM  A SUBCOMMITTEE TO ADVISE THE
   48  COMMISSIONER ON CLINICAL MATTERS  RELATING  TO  MEDICAL  MARIHUANA,  THE
   49  MEMBERS OF WHICH SHALL PREDOMINANTLY BE CLINICAL PROFESSIONALS IN APPRO-
   50  PRIATE  AREAS  OF  EXPERTISE  AND  SHALL ALSO INCLUDE REPRESENTATIVES OF
   51  PATIENTS AND THE GENERAL PUBLIC. MEMBERS OF A SUBCOMMITTEE NEED  NOT  BE
   52  MEMBERS  OF THE ADVISORY COMMITTEE. MEMBERS OF THE ADVISORY COMMITTEE OR
   53  A SUBCOMMITTEE SHALL SERVE AT THE PLEASURE OF THE COMMISSIONER.  MEMBERS
   54  OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE MAY RECEIVE REIMBURSEMENT BY
   55  THE  DEPARTMENT  FOR THEIR REASONABLE AND NECESSARY EXPENSES INCURRED AS
       A. 6357                            13
    1  MEMBERS OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE. A  PUBLIC  EMPLOYEE
    2  MAY BE A MEMBER OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE.
    3    S 3369-B. SEVERABILITY. IF ANY PROVISION OF THIS TITLE OR THE APPLICA-
    4  TION  THEREOF  TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, SUCH INVA-
    5  LIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF  THIS  TITLE
    6  WHICH  CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION,
    7  AND TO THIS END THE PROVISIONS OF THIS TITLE ARE SEVERABLE.
    8    S 3. Section 3343-a of the public health law is amended  by  adding  a
    9  new subdivision 8-a to read as follows:
   10    8-A.  MEDICAL  MARIHUANA.  AS  USED  IN  ANY PROVISION OF THIS ARTICLE
   11  RELATING TO THE PRESCRIPTION MONITORING PROGRAM REGISTRY, THE  FOLLOWING
   12  TERMS  SHALL  INCLUDE THE FOLLOWING IN RELATION TO MEDICAL MARIHUANA, IN
   13  ADDITION TO THE MEANING EACH TERM WOULD OTHERWISE HAVE:
   14    (A) "PRESCRIPTION," "PRESCRIBE," AND  "PRESCRIBER,"  INCLUDE,  RESPEC-
   15  TIVELY,  A  CERTIFICATION, THE ISSUING OF A CERTIFICATION, AND A PRACTI-
   16  TIONER UNDER TITLE FIVE-A OF THIS ARTICLE.
   17    (B) "PHARMACY" INCLUDES A REGISTERED ORGANIZATION THAT  IS  AUTHORIZED
   18  TO  DISPENSE  MEDICAL  MARIHUANA  UNDER  TITLE  FIVE-A  OF THIS ARTICLE;
   19  PROVIDED THAT A REGISTERED ORGANIZATION THAT IS NOT A FACILITY  LICENSED
   20  UNDER  ARTICLE  TWENTY-EIGHT OF THIS CHAPTER OR A PHARMACY UNDER ARTICLE
   21  ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW SHALL NOT BE AUTHORIZED TO
   22  CONSULT THE REGISTRY OR ACCESS  PATIENT-SPECIFIC  INFORMATION  FROM  THE
   23  REGISTRY, INCLUDING UNDER SUBDIVISION THREE OF THIS SECTION AND SUBDIVI-
   24  SION  TWO  OF  SECTION THIRTY-THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE,
   25  BUT SHALL REPORT INFORMATION TO THE REGISTRY, INCLUDING  UNDER  SUBDIVI-
   26  SION FOUR OF SECTION THIRTY-THREE HUNDRED THIRTY-THREE OF THIS ARTICLE.
   27    (C)  "PATIENT-SPECIFIC INFORMATION," IN RELATION TO MEDICAL MARIHUANA,
   28  SHALL NOT INCLUDE INFORMATION NOT REQUIRED TO BE INCLUDED IN  A  CERTIF-
   29  ICATION UNDER TITLE FIVE-A OF THIS ARTICLE.
   30    (D)  "CONTROLLED  SUBSTANCE" INCLUDES MEDICAL MARIHUANA, REGARDLESS OF
   31  WHETHER THE PROVISION IN WHICH THE TERM IS FOUND IS LIMITED TO SCHEDULES
   32  OTHER THAN SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THIS  ARTI-
   33  CLE.
   34    (E)  "MEDICAL MARIHUANA" MEANS MEDICAL MARIHUANA UNDER TITLE FIVE-A OF
   35  THIS ARTICLE.
   36    S 4. The tax law is amended by adding a new article 20-B  to  read  as
   37  follows:
   38                                ARTICLE 20-B
   39                          TAX ON MEDICAL MARIHUANA
   40  SECTION 490. EXCISE TAX ON MEDICAL MARIHUANA.
   41    S  490.  EXCISE  TAX ON MEDICAL MARIHUANA. 1. ALL DEFINITIONS OF TERMS
   42  APPLICABLE TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC  HEALTH
   43  LAW SHALL APPLY TO THIS ARTICLE.
   44    2.  THERE  IS HEREBY LEVIED AND IMPOSED ON REGISTERED ORGANIZATIONS AN
   45  EXCISE TAX ON ALL MEDICAL MARIHUANA SOLD TO ANOTHER REGISTERED ORGANIZA-
   46  TION OR TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER. THE  EXCISE  TAX
   47  SHALL BE AT THE FOLLOWING RATES:
   48    (A)  FOR  MEDICAL MARIHUANA MANUFACTURED BY A REGISTERED ORGANIZATION:
   49  ONE HUNDRED TWENTY-FIVE DOLLARS  FOR  EACH  POUND  OR  PART  THEREOF  OF
   50  MEDICAL MARIHUANA MANUFACTURED BY THE REGISTERED ORGANIZATION.
   51    (B)  FOR  MEDICAL MARIHUANA DISPENSED TO A CERTIFIED PATIENT OR DESIG-
   52  NATED CAREGIVER: ONE HUNDRED TWENTY-FIVE DOLLARS FOR EACH POUND OR  PART
   53  THEREOF  OF  MEDICAL  MARIHUANA  DISPENSED; PROVIDED THAT IF THE MEDICAL
   54  MARIHUANA UNDER THIS PARAGRAPH WAS OBTAINED BY THE REGISTERED  ORGANIZA-
   55  TION  FROM AN ENTITY THAT DID NOT PAY AN EXCISE TAX ATTRIBUTABLE TO THAT
       A. 6357                            14
    1  MEDICAL MARIHUANA UNDER PARAGRAPH (A) OF THIS SUBDIVISION, THEN THE  TAX
    2  UNDER THIS PARAGRAPH SHALL BE TWO HUNDRED FIFTY DOLLARS.
    3    3.  FIFTY  PERCENT  OF THE REVENUE RECEIVED BY THE DEPARTMENT SHALL BE
    4  TRANSFERRED TO THE COUNTY IN WHICH THE MEDICAL  MARIHUANA  WAS  MANUFAC-
    5  TURED  (IN  THE CASE OF REVENUE RECEIVED UNDER PARAGRAPH (A) OF SUBDIVI-
    6  SION TWO OF THIS SECTION) OR DISPENSED (IN THE CASE OF REVENUE  RECEIVED
    7  UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION). FOR PURPOSES OF
    8  THIS SUBDIVISION, THE CITY OF NEW YORK SHALL BE DEEMED TO BE A COUNTY.
    9    4. THE COMMISSIONER SHALL MAKE REGULATIONS TO IMPLEMENT THIS ARTICLE.
   10    S  5.  Section  853 of the general business law is amended by adding a
   11  new subdivision 3 to read as follows:
   12    3. THIS ARTICLE SHALL NOT APPLY TO ANY SALE, FURNISHING OR  POSSESSION
   13  WHICH IS FOR A LAWFUL PURPOSE UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE
   14  OF THE PUBLIC HEALTH LAW.
   15    S  6.  Section 221.00 of the penal law, as added by chapter 360 of the
   16  laws of 1977, is amended to read as follows:
   17  S 221.00 Marihuana; definitions.
   18    Unless the context in which they are used clearly otherwise  requires,
   19  the terms occurring in this article shall have the same meaning ascribed
   20  to  them in article two hundred twenty of this chapter.  ANY ACT THAT IS
   21  LAWFUL UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE  PUBLIC  HEALTH
   22  LAW IS NOT A VIOLATION OF THIS ARTICLE.
   23    S  7. This act shall take effect immediately, provided that the amend-
   24  ment to section 3343-a of the public health law made by section three of
   25  this act shall take effect on the same date and in the  same  manner  as
   26  section  2  of  part  A  of chapter 447 of the laws of 2012, as amended,
   27  takes effect.