S T A T E   O F   N E W   Y O R K
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                                  4406

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 26, 2013
                               ___________

Introduced  by  Sens.  SAVINO,  ADAMS, AVELLA, BRESLIN, CARLUCCI, DILAN,
  KRUEGER, MONTGOMERY, SAMPSON, SQUADRON,  TKACZYK  --  read  twice  and
  ordered  printed, and when printed to be committed 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:

  Section 1. Legislative findings and intent. The legislature finds that
thousands  of  New  Yorkers  have serious medical conditions that can be
improved by medically-approved use of  marihuana.  The  law  should  not
stand  between  them  and  treatment necessary for life and health. This
legislation follows the well-established public policy that a controlled
substance can have a legitimate medical use. Many controlled  substances
that are legal for medical use (such as morphine and steroids) are ille-
gal  for  any other use. The purposes of article 33 of the public health
law include allowing legitimate use of controlled substances  in  health
care, including palliative care. This policy and this legislation do not
in  any  way  diminish  New  York  state's strong public policy and laws
against illegal drug use, nor should it be deemed in any manner to advo-
cate, authorize, promote, or legally or socially accept the use of mari-
huana for children or adults, for any non-medical use. This  legislation
is  an  appropriate exercise of the state's legislative power to protect
the health of its people under article 17 of the state constitution  and
the tenth amendment of the United States constitution.
  It is the legislative intent that this act be implemented consistently
with  these  findings  and principles, through a reasonable and workable
system with appropriate oversight; strong "seed to sale"  regulation  to
prevent  diversion,  abuse, and other illegal conduct; reasonable access
to and appropriate use of medical marihuana by certified patients; eval-
uation; and continuing research.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01604-04-3
              

S. 4406                             2

  S 2. Article 33 of the public health law is amended by  adding  a  new
title 5-A to read as follows:
                                TITLE V-A
                        MEDICAL USE OF MARIHUANA
SECTION 3360.   DEFINITIONS.
        3361.   CERTIFICATION OF PATIENTS.
        3362.   LAWFUL MEDICAL USE.
        3363.   REGISTRY IDENTIFICATION CARDS.
        3364.   REGISTERED ORGANIZATIONS.
        3365.   REGISTERING OF REGISTERED ORGANIZATIONS.
        3366.   REPORTS BY REGISTERED ORGANIZATIONS.
        3367.   EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
        3368.   RELATION TO OTHER LAWS.
        3369.   PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA.
        3369-A. REGULATIONS.
        3369-B. SEVERABILITY.
  S  3360. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES  OTHER-
WISE:
  1.  "CERTIFIED  MEDICAL  USE"  MEANS THE ACQUISITION, POSSESSION, USE,
DELIVERY, TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF  MEDICAL  MARI-
HUANA  BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR USE AS PART OF
THE TREATMENT OF THE PATIENT'S SERIOUS CONDITION SPECIFIED IN A  CERTIF-
ICATION  UNDER  SECTION  THIRTY-THREE  HUNDRED  SIXTY-ONE OF THIS TITLE,
INCLUDING ENABLING THE PATIENT TO TOLERATE  TREATMENT  FOR  THE  SERIOUS
CONDITION.
  2.  "CARING FOR" MEANS TREATING OR COUNSELING A PATIENT, IN THE COURSE
OF WHICH THE  PRACTITIONER  HAS  COMPLETED  A  FULL  ASSESSMENT  OF  THE
PATIENT'S MEDICAL HISTORY AND CURRENT MEDICAL CONDITION.
  3.  "CERTIFIED PATIENT" MEANS A PATIENT WHO IS CERTIFIED UNDER SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
  4.  "CERTIFICATION"  MEANS  A  CERTIFICATION,   MADE   UNDER   SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
  5.  "DESIGNATED CAREGIVER" MEANS THE INDIVIDUAL DESIGNATED BY A CERTI-
FIED PATIENT IN A REGISTRY APPLICATION.
  6. "PUBLIC PLACE" MEANS A PUBLIC PLACE AS DEFINED IN SECTION 240.00 OF
THE PENAL LAW, A MOTOR VEHICLE AS DEFINED IN SECTION ONE  HUNDRED  TWEN-
TY-FIVE  OF  THE  VEHICLE  AND  TRAFFIC  LAW,  AN AIRCRAFT AS DEFINED IN
SECTION TWO HUNDRED FORTY OF THE GENERAL BUSINESS LAW  OR  A  VESSEL  AS
DEFINED IN SECTION TWO OF THE NAVIGATION LAW.
  7. "SERIOUS CONDITION" MEANS A SEVERE DEBILITATING OR LIFE-THREATENING
CONDITION,  INCLUDING,  BUT  NOT  LIMITED TO, CANCER, GLAUCOMA, POSITIVE
STATUS FOR HUMAN IMMUNODEFICIENCY VIRUS OR  ACQUIRED  IMMUNE  DEFICIENCY
SYNDROME, PARKINSON'S DISEASE, MULTIPLE SCLEROSIS, DAMAGE TO THE NERVOUS
TISSUE  OF  THE  SPINAL  CORD  WITH OBJECTIVE NEUROLOGICAL INDICATION OF
INTRACTABLE SPASTICITY, EPILEPSY, CACHEXIA,  WASTING  SYNDROME,  CROHN'S
DISEASE,   POST-TRAUMATIC  STRESS  DISORDER,  NEUROPATHY,  FIBROMYALGIA,
ARTHRITIS, LUPUS, AND DIABETES, OR A  CONDITION  ASSOCIATED  WITH  OR  A
COMPLICATION  OF  SUCH  A  CONDITION OR ITS TREATMENT (INCLUDING BUT NOT
LIMITED TO INABILITY TO TOLERATE FOOD, NAUSEA,  VOMITING,  DYSPHORIA  OR
PAIN) SUBJECT TO LIMITATION IN REGULATION OF THE COMMISSIONER.
  8. "MEDICAL MARIHUANA" MEANS MARIHUANA AS DEFINED IN SUBDIVISION TWEN-
TY-ONE  OF SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE INTENDED FOR
A CERTIFIED MEDICAL USE.

S. 4406                             3

  9. "REGISTERED ORGANIZATION" MEANS  A  REGISTERED  ORGANIZATION  UNDER
SECTIONS   THIRTY-THREE  HUNDRED  SIXTY-FOUR  AND  THIRTY-THREE  HUNDRED
SIXTY-FIVE OF THIS TITLE.
  10. "REGISTRY APPLICATION" MEANS AN APPLICATION PROPERLY COMPLETED AND
FILED   WITH  THE  DEPARTMENT  BY  A  CERTIFIED  PATIENT  UNDER  SECTION
THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
  11. "REGISTRY IDENTIFICATION CARD" MEANS A DOCUMENT THAT IDENTIFIES  A
CERTIFIED  PATIENT  OR  DESIGNATED  CAREGIVER, AS PROVIDED UNDER SECTION
THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
  12. "PRACTITIONER" MEANS A PRACTITIONER WHO IS A PHYSICIAN,  PHYSICIAN
ASSISTANT,  OR  NURSE  PRACTITIONER,  ACTING  WITHIN  THE PRACTITIONER'S
LAWFUL SCOPE OF PRACTICE.
  13. "TERMINALLY ILL" MEANS AN INDIVIDUAL HAS A MEDICAL PROGNOSIS  THAT
THE  INDIVIDUAL'S  LIFE  EXPECTANCY IS APPROXIMATELY ONE YEAR OR LESS IF
THE ILLNESS RUNS ITS NORMAL COURSE.
  S 3361. CERTIFICATION OF PATIENTS. 1. A PATIENT CERTIFICATION MAY ONLY
BE ISSUED IF A PRACTITIONER WHO IS CARING FOR THE PATIENT FOR A  SERIOUS
CONDITION CERTIFIES THAT: (A) THE PATIENT HAS A SERIOUS CONDITION, WHICH
SHALL  BE SPECIFIED IN THE PATIENT'S HEALTH CARE RECORD; (B) THE PATIENT
IS UNDER THE PRACTITIONER'S CARE FOR THE SERIOUS CONDITION; AND  (C)  IN
THE  PRACTITIONER'S  PROFESSIONAL  OPINION,  THE  PATIENT  IS  LIKELY TO
RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE PRIMARY OR ADJUNCTIVE
TREATMENT WITH MEDICAL USE OF MARIHUANA FOR THE SERIOUS CONDITION.
  2. THE CERTIFICATION SHALL BE IN WRITING AND  INCLUDE  (A)  THE  NAME,
DATE  OF  BIRTH  AND  ADDRESS  OF  THE PATIENT; (B) A STATEMENT THAT THE
PATIENT HAS A SERIOUS CONDITION; THE PATIENT IS UNDER THE PRACTITIONER'S
CARE FOR THE SERIOUS CONDITION AND, IN THE  PRACTITIONER'S  PROFESSIONAL
OPINION,  THE  PATIENT  IS  LIKELY  TO RECEIVE THERAPEUTIC OR PALLIATIVE
BENEFIT FROM THE PRIMARY OR ADJUNCTIVE TREATMENT  WITH  MEDICAL  USE  OF
MARIHUANA  FOR  THE  SERIOUS  CONDITION; (C) THE DATE; AND (D) THE NAME,
ADDRESS, FEDERAL REGISTRATION NUMBER, TELEPHONE NUMBER,  AND  THE  HAND-
WRITTEN  SIGNATURE OF THE CERTIFYING PRACTITIONER.  THE COMMISSIONER MAY
REQUIRE BY REGULATION THAT THE CERTIFICATION SHALL BE ON A FORM PROVIDED
BY THE DEPARTMENT IF THE COMMISSIONER DETERMINES THAT THE DEPARTMENT  IS
MAKING  CERTIFICATION  FORMS ADEQUATELY AVAILABLE.  THE PRACTITIONER MAY
STATE IN THE CERTIFICATION  THAT,  IN  THE  PRACTITIONER'S  PROFESSIONAL
OPINION  THE  PATIENT  WOULD BENEFIT FROM MEDICAL MARIHUANA ONLY UNTIL A
SPECIFIED DATE. THE PRACTITIONER MAY STATE IN THE CERTIFICATION THAT, IN
THE PRACTITIONER'S PROFESSIONAL OPINION THE PATIENT  IS  TERMINALLY  ILL
AND THAT THE CERTIFICATION SHALL NOT EXPIRE UNTIL THE PATIENT DIES.
  3.  THE  PRACTITIONER  SHALL  GIVE  THE CERTIFICATION TO THE CERTIFIED
PATIENT, AND PLACE A COPY IN THE PATIENT'S HEALTH CARE RECORD.
  4. NO PRACTITIONER SHALL ISSUE A CERTIFICATION UNDER THIS SECTION  FOR
HIMSELF OR HERSELF.
  5.  A  REGISTRY  IDENTIFICATION  CARD  BASED  ON A CERTIFICATION SHALL
EXPIRE ONE YEAR AFTER THE DATE THE CERTIFICATION IS SIGNED BY THE  PRAC-
TITIONER; EXCEPT THAT WHERE A CERTIFIED PATIENT HAS A REGISTRY IDENTIFI-
CATION CARD BASED ON A CURRENT VALID CERTIFICATION, A NEW REGISTRY IDEN-
TIFICATION CARD BASED ON A NEW CERTIFICATION SHALL EXPIRE ONE YEAR AFTER
THE  EXPIRATION OF THE REGISTRY IDENTIFICATION CARD BASED ON THE CURRENT
VALID CERTIFICATION. HOWEVER,
  (A) IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT, IN THE PRAC-
TITIONER'S PROFESSIONAL OPINION, THE PATIENT WOULD BENEFIT FROM  MEDICAL
MARIHUANA  ONLY  UNTIL A SPECIFIED EARLIER DATE, THEN THE REGISTRY IDEN-
TIFICATION CARD SHALL EXPIRE ON THAT DATE;

S. 4406                             4

  (B) IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT IN THE  PRAC-
TITIONER'S  PROFESSIONAL  OPINION THE PATIENT IS TERMINALLY ILL AND THAT
THE CERTIFICATION SHALL NOT EXPIRE UNTIL  THE  PATIENT  DIES,  THEN  THE
REGISTRY  IDENTIFICATION  CARD  SHALL NOT EXPIRE UNTIL THE PATIENT DIES;
AND
  (C)  IF  THE PRACTITIONER RE-ISSUES THE CERTIFICATION TO TERMINATE THE
CERTIFICATION ON AN EARLIER DATE, THEN THE REGISTRY IDENTIFICATION  CARD
SHALL  EXPIRE  ON THAT DATE AND SHALL BE PROMPTLY RETURNED BY THE CERTI-
FIED PATIENT TO THE DEPARTMENT.
  S 3362. LAWFUL MEDICAL  USE.  1.  THE  POSSESSION,  ACQUISITION,  USE,
DELIVERY,  TRANSFER,  TRANSPORTATION, OR ADMINISTRATION OF MEDICAL MARI-
HUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER POSSESSING A  VALID
REGISTRY IDENTIFICATION CARD, FOR CERTIFIED MEDICAL USE, SHALL BE LAWFUL
UNDER THIS TITLE; PROVIDED THAT:
  (A)  THE  MARIHUANA  THAT MAY BE POSSESSED BY A CERTIFIED PATIENT DOES
NOT EXCEED A TOTAL AGGREGATE WEIGHT OF TWO AND ONE-HALF OUNCES OF  MARI-
HUANA; AND
  (B) THE MARIHUANA THAT MAY BE POSSESSED BY A DESIGNATED CAREGIVER DOES
NOT  EXCEED THE QUANTITIES REFERRED TO IN PARAGRAPH (A) OF THIS SUBDIVI-
SION FOR EACH CERTIFIED PATIENT FOR WHOM THE CAREGIVER POSSESSES A VALID
REGISTRY IDENTIFICATION CARD, UP TO FIVE CERTIFIED PATIENTS.
  2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION:
  (A) POSSESSION OF MARIHUANA SHALL NOT BE LAWFUL UNDER THIS TITLE IF IT
IS CONSUMED, GROWN OR DISPLAYED IN A PUBLIC PLACE;
  (B) MEDICAL MARIHUANA MAY NOT BE SMOKED IN ANY PLACE WHERE TOBACCO MAY
NOT BE SMOKED UNDER ARTICLE THIRTEEN-E OF THIS CHAPTER;
  (C) EXCEPT THAT IN A HEALTH CARE FACILITY, MEDICAL  MARIHUANA  MAY  BE
SMOKED BY A PATIENT OF THE FACILITY, SUBJECT TO OTHER PROVISIONS OF THIS
TITLE,  IN  AN AREA, AND UNDER CIRCUMSTANCES, PERMITTED BY THE FACILITY,
PROVIDED THAT THE PATIENT DOES NOT SMOKE IN THE PRESENCE OF PATIENTS WHO
ARE NOT CERTIFIED UNDER THIS TITLE.
  3. IT SHALL BE LAWFUL UNDER THIS ARTICLE TO GIVE OR DISPOSE  OF  MARI-
HUANA,  OBTAINED  UNDER  THIS  TITLE, FOR CERTIFIED MEDICAL USE, BETWEEN
CERTIFIED PATIENTS AND OTHER CERTIFIED PATIENTS, AND  BETWEEN  A  DESIG-
NATED  CAREGIVER  AND THE DESIGNATED CAREGIVER'S CERTIFIED PATIENT WHERE
NOTHING OF VALUE IS TRANSFERRED IN RETURN, OR TO OFFER TO DO  THE  SAME.
THIS  PROHIBITION  ON  TRANSFERRING  OR  OFFERING TO TRANSFER A THING OF
VALUE SHALL NOT:
  (A) APPLY TO SALE OF MEDICAL MARIHUANA TO OR BY A REGISTERED ORGANIZA-
TION UNDER THIS ARTICLE; NOR
  (B) PREVENT A DESIGNATED CAREGIVER FROM BEING REIMBURSED  FOR  REASON-
ABLE  COSTS  OR  ACTIVITIES  RELATING TO CARING FOR A CERTIFIED PATIENT,
INCLUDING, BUT NOT LIMITED TO,  REIMBURSEMENT  FOR  LEGITIMATE  EXPENSES
RELATING  TO  THE PURCHASE OF MEDICAL MARIHUANA FROM A REGISTERED ORGAN-
IZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-SIX OF THIS TITLE.
  S 3363. REGISTRY IDENTIFICATION CARDS.  1. THE DEPARTMENT SHALL  ISSUE
REGISTRY  IDENTIFICATION  CARDS  FOR  CERTIFIED  PATIENTS AND DESIGNATED
CAREGIVERS. A REGISTRY IDENTIFICATION CARD SHALL EXPIRE AS  PROVIDED  IN
SECTION  THIRTY-THREE  HUNDRED  SIXTY-ONE  OF THIS TITLE OR AS OTHERWISE
PROVIDED IN THIS SECTION. THE DEPARTMENT SHALL  BEGIN  ISSUING  REGISTRY
IDENTIFICATION  CARDS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF
THIS SECTION.  THE DEPARTMENT MAY SPECIFY A FORM FOR A REGISTRY APPLICA-
TION, IN WHICH CASE THE DEPARTMENT SHALL PROVIDE THE  FORM  ON  REQUEST,
REPRODUCTIONS  OF  THE FORM MAY BE USED, AND THE FORM SHALL BE AVAILABLE
FOR DOWNLOADING FROM THE DEPARTMENT'S WEBSITE.

S. 4406                             5

  2. TO OBTAIN, AMEND OR RENEW A REGISTRY IDENTIFICATION CARD, A  CERTI-
FIED  PATIENT  OR DESIGNATED CAREGIVER SHALL FILE A REGISTRY APPLICATION
WITH THE DEPARTMENT. THE REGISTRY  APPLICATION  OR  RENEWAL  APPLICATION
SHALL INCLUDE:
  (A) IN THE CASE OF A CERTIFIED PATIENT, THE ORIGINAL PATIENT'S CERTIF-
ICATION  (A  NEW  WRITTEN CERTIFICATION SHALL BE PROVIDED WITH A RENEWAL
APPLICATION);
  (B) IN THE CASE OF A CERTIFIED PATIENT,
  (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT;
  (II) THE DATE OF THE CERTIFICATION;
  (III) IF THE PATIENT HAS A REGISTRY IDENTIFICATION  CARD  BASED  ON  A
CURRENT  VALID  CERTIFICATION,  THE  REGISTRY  IDENTIFICATION NUMBER AND
EXPIRATION DATE OF THAT REGISTRY IDENTIFICATION CARD;
  (IV) THE SPECIFIED DATE UNTIL WHICH THE  PATIENT  WOULD  BENEFIT  FROM
MEDICAL MARIHUANA, IF THE CERTIFICATION STATES SUCH A DATE;
  (V)  THE  NAME,  ADDRESS,  FEDERAL  REGISTRATION NUMBER, AND TELEPHONE
NUMBER OF THE CERTIFYING PRACTITIONER; AND
  (VI) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE  DEPART-
MENT;
  (C)  IN  THE  CASE OF A CERTIFIED PATIENT, IF THE PATIENT DESIGNATES A
DESIGNATED CAREGIVER, THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIG-
NATED CAREGIVER, AND OTHER INDIVIDUAL IDENTIFYING  INFORMATION  REQUIRED
BY  THE  DEPARTMENT;  A CERTIFIED PATIENT MAY DESIGNATE UP TO TWO DESIG-
NATED CAREGIVERS; EXCEPT THAT A CERTIFIED  PATIENT  MAY  DESIGNATE  MORE
THAN  TWO  CAREGIVERS  IF  THE  ADDITIONAL CAREGIVERS ARE MEMBERS OF THE
CERTIFIED PATIENT'S IMMEDIATE FAMILY OR PHYSICAL HOUSEHOLD;
  (D) IN THE CASE OF A DESIGNATED CAREGIVER,
  (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIGNATED CAREGIVER;
  (II) IF THE DESIGNATED CAREGIVER HAS A REGISTRY  IDENTIFICATION  CARD,
THE  REGISTRY IDENTIFICATION NUMBER AND EXPIRATION DATE OF THAT REGISTRY
IDENTIFICATION CARD; AND
  (III) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
MENT;
  (E) A STATEMENT THAT A FALSE STATEMENT  MADE  IN  THE  APPLICATION  IS
PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW;
  (F)  THE  DATE  OF  THE APPLICATION AND THE SIGNATURE OF THE CERTIFIED
PATIENT OR DESIGNATED CAREGIVER, AS THE CASE MAY BE; AND
  (G) A REASONABLE APPLICATION FEE, AS  DETERMINED  BY  THE  DEPARTMENT;
PROVIDED,  THAT  THE  DEPARTMENT MAY WAIVE OR REDUCE THE FEE IN CASES OF
FINANCIAL HARDSHIP.
  3. WHERE A CERTIFIED PATIENT IS UNDER THE AGE OF EIGHTEEN:
  (A) THE APPLICATION FOR A REGISTRY IDENTIFICATION CARD SHALL  BE  MADE
BY  AN  APPROPRIATE PERSON OVER TWENTY-ONE YEARS OF AGE. THE APPLICATION
SHALL STATE FACTS DEMONSTRATING THAT THE PERSON IS APPROPRIATE.
  (B) THE DESIGNATED CAREGIVER SHALL BE (I) A PARENT OR  LEGAL  GUARDIAN
OF  THE CERTIFIED PATIENT, (II) A PERSON DESIGNATED BY A PARENT OR LEGAL
GUARDIAN, OR (III) AN APPROPRIATE PERSON APPROVED BY THE DEPARTMENT UPON
A SUFFICIENT SHOWING THAT NO PARENT OR LEGAL GUARDIAN IS APPROPRIATE  OR
AVAILABLE.
  4.  NO  PERSON  MAY  BE  A DESIGNATED CAREGIVER IF THE PERSON IS UNDER
TWENTY-ONE YEARS OF AGE UNLESS A  SUFFICIENT  SHOWING  IS  MADE  TO  THE
DEPARTMENT  THAT THE PERSON SHOULD BE PERMITTED TO SERVE AS A DESIGNATED
CAREGIVER.
  5.  NO PERSON MAY BE A DESIGNATED CAREGIVER FOR MORE THAN FIVE  CERTI-
FIED PATIENTS AT ONE TIME.

S. 4406                             6

  6.  THE  DEPARTMENT SHALL ISSUE SEPARATE REGISTRY IDENTIFICATION CARDS
FOR CERTIFIED PATIENTS AND DESIGNATED CAREGIVERS WITHIN THIRTY  DAYS  OF
RECEIVING  A  COMPLETE  APPLICATION UNDER THIS SECTION, UNLESS IT DETER-
MINES THAT THE APPLICATION IS  INCOMPLETE  OR  FACIALLY  INACCURATE,  IN
WHICH CASE IT SHALL PROMPTLY NOTIFY THE APPLICANT.
  7.  IF THE APPLICATION OF A CERTIFIED PATIENT DESIGNATES AN INDIVIDUAL
AS A DESIGNATED CAREGIVER WHO IS NOT AUTHORIZED TO BE A DESIGNATED CARE-
GIVER, THAT PORTION OF THE APPLICATION SHALL BE DENIED BY THE DEPARTMENT
BUT THAT SHALL NOT AFFECT THE APPROVAL OF THE BALANCE  OF  THE  APPLICA-
TION.
  8. A REGISTRY IDENTIFICATION CARD SHALL CONTAIN:
  (A)  THE  NAME OF THE CERTIFIED PATIENT OR THE DESIGNATED CAREGIVER AS
THE CASE MAY BE;
  (B) THE DATE OF ISSUANCE AND EXPIRATION DATE OF THE REGISTRY IDENTIFI-
CATION CARD;
  (C) A REGISTRY IDENTIFICATION NUMBER  FOR  THE  CERTIFIED  PATIENT  OR
DESIGNATED  CAREGIVER,  AS THE CASE MAY BE AND A REGISTRY IDENTIFICATION
NUMBER; AND
  (D) A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE REGISTRY IDENTIFICATION
CARD IS BEING ISSUED, WHICH SHALL BE OBTAINED BY  THE  DEPARTMENT  IN  A
MANNER  SPECIFIED BY THE COMMISSIONER IN REGULATIONS; PROVIDED, HOWEVER,
THAT IF THE DEPARTMENT REQUIRES CERTIFIED PATIENTS TO SUBMIT PHOTOGRAPHS
FOR THIS PURPOSE, THERE SHALL BE A REASONABLE ACCOMMODATION OF CERTIFIED
PATIENTS WHO ARE CONFINED TO THEIR HOMES DUE TO THEIR MEDICAL CONDITIONS
AND MAY THEREFORE HAVE DIFFICULTY PROCURING PHOTOGRAPHS.
  9. A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WHO HAS BEEN  ISSUED  A
REGISTRY  IDENTIFICATION  CARD SHALL NOTIFY THE DEPARTMENT OF ANY CHANGE
IN HIS OR HER NAME OR ADDRESS OR, WITH RESPECT TO THE PATIENT, OR IF  HE
OR  SHE  CEASES TO HAVE THE SERIOUS CONDITION NOTED ON THE CERTIFICATION
WITHIN TEN DAYS OF SUCH CHANGE.
  10. IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER LOSES  HIS  OR  HER
REGISTRY  IDENTIFICATION CARD, HE OR SHE SHALL NOTIFY THE DEPARTMENT AND
SUBMIT A TEN DOLLAR FEE WITHIN TEN DAYS OF LOSING THE CARD  TO  MAINTAIN
THE  REGISTRATION.  THE DEPARTMENT MAY ESTABLISH HIGHER FEES FOR ISSUING
A NEW REGISTRY IDENTIFICATION CARD FOR SECOND  AND  SUBSEQUENT  REPLACE-
MENTS FOR A LOST CARD, PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE
THE  FEE  IN  CASES OF FINANCIAL HARDSHIP.   WITHIN FIVE DAYS AFTER SUCH
NOTIFICATION AND PAYMENT, THE DEPARTMENT  SHALL  ISSUE  A  NEW  REGISTRY
IDENTIFICATION  CARD,  WHICH  MAY  CONTAIN A NEW REGISTRY IDENTIFICATION
NUMBER, TO THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER,  AS  THE  CASE
MAY BE.
  11.  THE  DEPARTMENT SHALL MAINTAIN A CONFIDENTIAL LIST OF THE PERSONS
TO WHOM IT HAS ISSUED REGISTRY IDENTIFICATION CARDS.  INDIVIDUAL IDENTI-
FYING INFORMATION OBTAINED BY THE DEPARTMENT UNDER THIS TITLE  SHALL  BE
CONFIDENTIAL  AND EXEMPT FROM DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC
OFFICERS LAW. NOTWITHSTANDING THIS SUBDIVISION, THE DEPARTMENT MAY NOTI-
FY ANY APPROPRIATE LAW ENFORCEMENT AGENCY OF INFORMATION RELATING TO ANY
VIOLATION OR SUSPECTED VIOLATION OF THIS TITLE.
  12. THE DEPARTMENT SHALL VERIFY TO LAW  ENFORCEMENT  PERSONNEL  IN  AN
APPROPRIATE CASE WHETHER A REGISTRY IDENTIFICATION CARD IS VALID.
  13.  IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WILLFULLY VIOLATES
ANY PROVISION OF THIS TITLE AS DETERMINED BY THE DEPARTMENT, HIS OR  HER
REGISTRY  IDENTIFICATION  CARD  MAY BE SUSPENDED OR REVOKED.  THIS IS IN
ADDITION TO ANY OTHER PENALTY THAT MAY APPLY.
  14. (A) REGISTRY IMPLEMENTATION DATE. AS USED IN THIS SUBDIVISION, THE
"REGISTRY IMPLEMENTATION DATE" IS THE DATE DETERMINED BY THE COMMISSION-

S. 4406                             7

ER WHEN THE DEPARTMENT IS READY TO  RECEIVE  AND  EXPEDITIOUSLY  ACT  ON
APPLICATIONS FOR REGISTRY IDENTIFICATION CARDS UNDER THIS SECTION.
  (B)  ON AND AFTER THE REGISTRY IMPLEMENTATION DATE, UPON RECEIPT OF AN
APPLICATION FOR A REGISTRY IDENTIFICATION  CARD,  THE  DEPARTMENT  SHALL
SEND  TO  THE  APPLICANT  A LETTER ACKNOWLEDGING SUCH RECEIPT. WHILE THE
APPLICATION FOR A REGISTRY IDENTIFICATION CARD IS PENDING, A COPY OF THE
REGISTRY APPLICATION, TOGETHER WITH A COPY OF THE CERTIFICATION (IN  THE
CASE  OF  A  CERTIFIED PATIENT) AND A COPY OF THE LETTER OF RECEIPT FROM
THE DEPARTMENT, SHALL SERVE AS AND HAVE THE SAME EFFECT  AS  A  REGISTRY
IDENTIFICATION  CARD  FOR THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER,
PROVIDED THAT A CERTIFICATION AND APPLICATION SHALL NOT SERVE AS A VALID
REGISTRY IDENTIFICATION CARD AFTER THE INITIAL THIRTY DAY  PERIOD  UNDER
SUBDIVISION  SIX  OF THIS SECTION.  THIS PARAGRAPH SHALL EXPIRE AND HAVE
NO EFFECT ONE YEAR AFTER THE REGISTRY IMPLEMENTATION DATE.
  15. IF THE DEPARTMENT FAILS TO BEGIN ISSUING  REGISTRY  IDENTIFICATION
CARDS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, A
PATIENT'S  CERTIFICATION SHALL SERVE AS THE REGISTRY IDENTIFICATION CARD
FOR BOTH THE PATIENT AND THE PATIENT'S DESIGNATED CAREGIVER.
  S 3364. REGISTERED ORGANIZATIONS. 1. A REGISTERED  ORGANIZATION  SHALL
BE:
  (A) A FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER; OR
  (B)  A FOR-PROFIT BUSINESS ENTITY OR NOT-FOR-PROFIT CORPORATION ORGAN-
IZED FOR THE PURPOSE OF ACQUIRING, POSSESSING,  MANUFACTURING,  SELLING,
DELIVERING,  TRANSPORTING,  DISTRIBUTING  OR  DISPENSING  MARIHUANA  FOR
CERTIFIED MEDICAL USE.
  2. THE ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIVERY,  TRANSPORT-
ING,  DISTRIBUTING  OR DISPENSING OF MARIHUANA BY A REGISTERED ORGANIZA-
TION UNDER THIS TITLE IN ACCORDANCE WITH ITS REGISTRATION UNDER  SECTION
THIRTY-THREE HUNDRED SIXTY-FIVE OF THIS TITLE OR A RENEWAL THEREOF SHALL
BE  LAWFUL  UNDER  THIS  TITLE.   A REGISTERED ORGANIZATION MAY TRANSFER
POSSESSION OF MARIHUANA TO, AND MAY RECOVER POSSESSION OF  IT  FROM,  AN
ENTITY  LICENSED  BY  THE  DEPARTMENT UNDER SECTION THIRTY-THREE HUNDRED
TWENTY-FOUR OF THIS TITLE FOR PURPOSES OF CHEMICAL ANALYSIS.
  3. A REGISTERED ORGANIZATION MAY LAWFULLY, IN GOOD FAITH, SELL, DELIV-
ER, DISTRIBUTE OR DISPENSE MEDICAL MARIHUANA TO A CERTIFIED  PATIENT  OR
DESIGNATED CAREGIVER UPON PRESENTATION TO THE REGISTERED ORGANIZATION OF
A  VALID  REGISTRY  IDENTIFICATION  CARD  FOR  THAT CERTIFIED PATIENT OR
DESIGNATED CAREGIVER. WHEN PRESENTED WITH  THE  REGISTRY  IDENTIFICATION
CARD, THE REGISTERED ORGANIZATION SHALL PROVIDE TO THE CERTIFIED PATIENT
OR DESIGNATED CAREGIVER A RECEIPT, WHICH SHALL STATE: THE NAME, ADDRESS,
AND  REGISTRY  IDENTIFICATION NUMBER OF THE REGISTERED ORGANIZATION; THE
REGISTRY IDENTIFICATION NUMBER OF THE CERTIFIED PATIENT AND  THE  DESIG-
NATED CAREGIVER (IF ANY); AND THE QUANTITY OF MARIHUANA SOLD. THE REGIS-
TERED  ORGANIZATION  SHALL  RETAIN A COPY OF THE REGISTRY IDENTIFICATION
CARD AND THE RECEIPT FOR ONE YEAR.
  4.  NO  REGISTERED  ORGANIZATION  MAY  SELL,  DELIVER,  DISTRIBUTE  OR
DISPENSE  TO ANY CERTIFIED PATIENT OR DESIGNATED CAREGIVER A QUANTITY OF
MEDICAL MARIHUANA LARGER  THAN  THAT  INDIVIDUAL  WOULD  BE  ALLOWED  TO
POSSESS UNDER THIS TITLE.
  5.  WHEN  A  REGISTERED  ORGANIZATION  SELLS, DELIVERS, DISTRIBUTES OR
DISPENSES MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR  DESIGNATED  CARE-
GIVER,  IT  SHALL PROVIDE TO THAT INDIVIDUAL A SAFETY INSERT, WHICH WILL
BE DEVELOPED AND APPROVED BY THE COMMISSIONER AND INCLUDE,  BUT  NOT  BE
LIMITED TO, INFORMATION ON:
  (A) METHODS FOR ADMINISTERING MEDICAL MARIHUANA,

S. 4406                             8

  (B)  ANY POTENTIAL DANGERS STEMMING FROM THE USE OF MEDICAL MARIHUANA,
AND
  (C) HOW TO RECOGNIZE WHAT MAY BE PROBLEMATIC USAGE OF MEDICAL MARIHUA-
NA AND OBTAIN APPROPRIATE SERVICES OR TREATMENT  FOR PROBLEMATIC USAGE.
  6.  MANUFACTURING  OF  MEDICAL  MARIHUANA BY A REGISTERED ORGANIZATION
SHALL ONLY BE DONE IN AN INDOOR, ENCLOSED, SECURE FACILITY.
  7. A REGISTERED ORGANIZATION SHALL DETERMINE THE QUALITY, SAFETY,  AND
CLINICAL  STRENGTH OF MEDICAL MARIHUANA MANUFACTURED OR DISPENSED BY THE
REGISTERED ORGANIZATION, AND SHALL PROVIDE DOCUMENTATION OF THAT  QUALI-
TY,  SAFETY AND CLINICAL STRENGTH TO THE DEPARTMENT AND TO ANY PERSON OR
ENTITY TO WHICH THE MEDICAL MARIHUANA IS SOLD OR DISPENSED.
  8. A REGISTERED ORGANIZATION SHALL BE DEEMED  TO  BE  A  "HEALTH  CARE
PROVIDER"  FOR  THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAP-
TER.
  S 3365. REGISTERING OF REGISTERED ORGANIZATIONS.  1.  APPLICATION  FOR
INITIAL  REGISTRATION. (A) AN APPLICANT FOR REGISTRATION AS A REGISTERED
ORGANIZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE
SHALL FURNISH TO THE DEPARTMENT A DESCRIPTION OF THE ACTIVITIES IN WHICH
IT INTENDS TO ENGAGE AS A REGISTERED ORGANIZATION  AND  ANY  INFORMATION
THE DEPARTMENT SHALL REASONABLY REQUIRE AND EVIDENCE THAT THE APPLICANT:
  (I) AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARACTER;
  (II) POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT LAND, BUILDINGS, AND
OTHER  PREMISES (WHICH SHALL BE SPECIFIED IN THE APPLICATION) AND EQUIP-
MENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICATION;
  (III) IS ABLE TO MAINTAIN EFFECTIVE SECURITY AND  CONTROL  TO  PREVENT
DIVERSION,  ABUSE,  AND OTHER ILLEGAL CONDUCT RELATING TO THE MARIHUANA;
AND
  (IV) IS ABLE TO COMPLY WITH ALL APPLICABLE STATE LAWS AND  REGULATIONS
RELATING  TO  THE  ACTIVITIES  IN  WHICH  IT INTENDS TO ENGAGE UNDER THE
REGISTRATION.
  (B) THE APPLICATION SHALL ESTABLISH THE APPLICANT'S STATUS UNDER PARA-
GRAPH (A) OR (B) OF SUBDIVISION  ONE  OF  SECTION  THIRTY-THREE  HUNDRED
SIXTY-FOUR OF THIS TITLE.
  (C)  THE  APPLICATION  SHALL  INCLUDE  THE NAME, RESIDENCE ADDRESS AND
TITLE OF EACH OF THE OFFICERS AND DIRECTORS AND THE NAME  AND  RESIDENCE
ADDRESS  OF ANY PERSON OR ENTITY THAT IS A MEMBER OF THE APPLICANT. EACH
SUCH PERSON, IF AN INDIVIDUAL, OR LAWFUL REPRESENTATIVE IF A LEGAL ENTI-
TY, SHALL SUBMIT AN AFFIDAVIT WITH THE APPLICATION SETTING FORTH:
  (I) ANY POSITION OF MANAGEMENT OR OWNERSHIP DURING THE  PRECEDING  TEN
YEARS  OF  A  TEN  PER CENTUM OR GREATER INTEREST IN ANY OTHER BUSINESS,
LOCATED IN OR OUTSIDE THIS STATE, MANUFACTURING OR DISTRIBUTING DRUGS;
  (II) WHETHER SUCH PERSON OR ANY SUCH BUSINESS HAS BEEN CONVICTED OF  A
FELONY  OR  HAD  A  REGISTRATION  OR LICENSE SUSPENDED OR REVOKED IN ANY
ADMINISTRATIVE OR JUDICIAL PROCEEDING; AND
  (III) SUCH  OTHER  INFORMATION  AS  THE  COMMISSIONER  MAY  REASONABLY
REQUIRE.
  (D)  THE  APPLICANT  SHALL BE UNDER A CONTINUING DUTY TO REPORT TO THE
DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED IN THE  APPLI-
CATION  OR  ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUMSTANCE WHICH
IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
  2. GRANTING OF REGISTRATION. (A) THE COMMISSIONER SHALL GRANT A REGIS-
TRATION OR AMENDMENT TO A REGISTRATION UNDER THIS SECTION IF HE  OR  SHE
IS SATISFIED THAT:
  (I)  THE  APPLICANT WILL BE ABLE TO MAINTAIN EFFECTIVE CONTROL AGAINST
DIVERSION OF MARIHUANA;

S. 4406                             9

  (II) THE APPLICANT WILL BE ABLE TO COMPLY WITH  ALL  APPLICABLE  STATE
LAWS;
  (III)  THE  APPLICANT  AND ITS OFFICERS ARE READY, WILLING AND ABLE TO
PROPERLY CARRY ON THE MANUFACTURING OR DISTRIBUTING ACTIVITY FOR WHICH A
REGISTRATION IS SOUGHT;
  (IV) THE APPLICANT POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT  LAND,
BUILDINGS  AND  EQUIPMENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN
THE APPLICATION;
  (V) IT IS IN THE PUBLIC INTEREST THAT SUCH REGISTRATION BE GRANTED; IN
THE CASE OF AN APPLICANT UNDER SUBDIVISION ONE OF  SECTION  THIRTY-THREE
HUNDRED  SIXTY-FOUR OF THIS TITLE, THE COMMISSIONER MAY CONSIDER WHETHER
THE NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA WILL  BE  ADEQUATE  OR
EXCESSIVE TO REASONABLY SERVE THE AREA; AND
  (VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
TER.
  (B)  IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT SHOULD BE
ISSUED A REGISTRATION, HE OR SHE SHALL NOTIFY THE APPLICANT  IN  WRITING
OF  THOSE FACTORS UPON WHICH FURTHER EVIDENCE IS REQUIRED. WITHIN THIRTY
DAYS OF THE RECEIPT OF SUCH NOTIFICATION, THE APPLICANT MAY SUBMIT ADDI-
TIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEARING, OR BOTH.
  (C) THE FEE FOR A REGISTRATION UNDER THIS SECTION SHALL BE  A  REASON-
ABLE  AMOUNT  DETERMINED  BY  THE  DEPARTMENT  IN REGULATIONS; PROVIDED,
HOWEVER, IF THE REGISTRATION IS ISSUED FOR A  PERIOD  GREATER  THAN  TWO
YEARS THE FEE SHALL BE INCREASED, PRO RATA, FOR EACH ADDITIONAL MONTH OF
VALIDITY.
  (D)  REGISTRATIONS  ISSUED  UNDER THIS SECTION SHALL BE EFFECTIVE ONLY
FOR AND SHALL SPECIFY:
  (I) THE NAME AND ADDRESS OF THE REGISTERED ORGANIZATION;
  (II) WHICH ACTIVITIES OF A REGISTERED ORGANIZATION  ARE  PERMITTED  BY
THE REGISTRATION;
  (III)  THE  LAND,  BUILDINGS  AND  FACILITIES THAT MAY BE USED FOR THE
PERMITTED ACTIVITIES OF THE REGISTERED ORGANIZATION; AND
  (IV) SUCH OTHER MATTERS AS THE COMMISSIONER SHALL  REASONABLY  PROVIDE
TO ASSURE COMPLIANCE WITH THIS TITLE.
  (E)  UPON APPLICATION OF A REGISTERED ORGANIZATION, A REGISTRATION MAY
BE AMENDED TO ALLOW THE REGISTERED ORGANIZATION TO RELOCATE  WITHIN  THE
STATE  OR  TO ADD OR DELETE PERMITTED REGISTERED ORGANIZATION ACTIVITIES
OR FACILITIES. THE FEE FOR SUCH AMENDMENT SHALL  BE  TWO  HUNDRED  FIFTY
DOLLARS.
  3.  A  REGISTRATION  ISSUED  UNDER THIS SECTION SHALL BE VALID FOR TWO
YEARS FROM THE DATE OF ISSUE, EXCEPT THAT IN  ORDER  TO  FACILITATE  THE
RENEWALS  OF  SUCH  REGISTRATIONS, THE COMMISSIONER MAY UPON THE INITIAL
APPLICATION FOR A  REGISTRATION,  ISSUE  SOME  REGISTRATIONS  WHICH  MAY
REMAIN VALID FOR A PERIOD OF TIME GREATER THAN TWO YEARS BUT NOT EXCEED-
ING AN ADDITIONAL ELEVEN MONTHS.
  4.  APPLICATIONS  FOR RENEWAL OF REGISTRATIONS. (A) AN APPLICATION FOR
THE RENEWAL OF ANY REGISTRATION ISSUED UNDER THIS SECTION SHALL BE FILED
WITH THE DEPARTMENT NOT MORE THAN SIX MONTHS NOR LESS THAN  FOUR  MONTHS
PRIOR  TO  THE  EXPIRATION  THEREOF.  A  LATE-FILED  APPLICATION FOR THE
RENEWAL OF A REGISTRATION MAY, IN THE DISCRETION OF THE COMMISSIONER, BE
TREATED AS AN APPLICATION FOR AN INITIAL LICENSE.
  (B)  THE  APPLICATION  FOR  RENEWAL  SHALL  INCLUDE  SUCH  INFORMATION
PREPARED  IN  THE  MANNER  AND  DETAIL  AS THE COMMISSIONER MAY REQUIRE,
INCLUDING BUT NOT LIMITED TO:
  (I) ANY MATERIAL CHANGE IN THE  CIRCUMSTANCES  OR  FACTORS  LISTED  IN
SUBDIVISION ONE OF THIS SECTION; AND

S. 4406                            10

  (II)  EVERY KNOWN CHARGE OR INVESTIGATION, PENDING OR CONCLUDED DURING
THE PERIOD OF THE REGISTRATION, BY ANY GOVERNMENTAL AGENCY WITH  RESPECT
TO:
  (A)  EACH  INCIDENT  OR ALLEGED INCIDENT INVOLVING THE THEFT, LOSS, OR
POSSIBLE DIVERSION OF  MARIHUANA  MANUFACTURED  OR  DISTRIBUTED  BY  THE
APPLICANT; AND
  (B)  COMPLIANCE  BY  THE  APPLICANT  WITH  THE  LAWS OF THE STATE WITH
RESPECT TO ANY SUBSTANCE LISTED IN SECTION THIRTY-THREE HUNDRED  SIX  OF
THIS ARTICLE.
  (C)  AN  APPLICANT  FOR  RENEWAL  SHALL  BE UNDER A CONTINUING DUTY TO
REPORT TO THE DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES  REFLECTED
IN  THE APPLICATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUM-
STANCE WHICH IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
  (D) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT  IS  ENTI-
TLED TO A RENEWAL OF THE REGISTRATION, HE OR SHE SHALL WITHIN FORTY-FIVE
DAYS AFTER THE FILING OF THE APPLICATION SERVE UPON THE APPLICANT OR HIS
OR  HER  ATTORNEY OF RECORD IN PERSON OR BY REGISTERED OR CERTIFIED MAIL
AN ORDER DIRECTING THE APPLICANT TO SHOW CAUSE WHY HIS OR  HER  APPLICA-
TION FOR RENEWAL SHOULD NOT BE DENIED. THE ORDER SHALL SPECIFY IN DETAIL
THE  RESPECTS  IN WHICH THE APPLICANT HAS NOT SATISFIED THE COMMISSIONER
THAT THE REGISTRATION SHOULD BE RENEWED.
  (E) WITHIN THIRTY DAYS OF SERVICE OF SUCH  ORDER,  THE  APPLICANT  MAY
SUBMIT  ADDITIONAL  MATERIAL  TO THE COMMISSIONER OR DEMAND A HEARING OR
BOTH. IF A HEARING IS DEMANDED THE COMMISSIONER SHALL  FIX  A  DATE  FOR
HEARING  NOT  SOONER  THAN FIFTEEN DAYS NOR LATER THAN THIRTY DAYS AFTER
RECEIPT OF THE DEMAND, UNLESS SUCH TIME  LIMITATION  IS  WAIVED  BY  THE
APPLICANT.
  5.  GRANTING  OF  RENEWAL OF REGISTRATIONS. (A) THE COMMISSIONER SHALL
RENEW A REGISTRATION UNLESS HE OR SHE  DETERMINES  AND  FINDS  THAT  THE
APPLICANT:
  (I)  IS  UNLIKELY TO MAINTAIN OR BE ABLE TO MAINTAIN EFFECTIVE CONTROL
AGAINST DIVERSION; OR
  (II) IS UNLIKELY TO COMPLY WITH  ALL  STATE  LAWS  APPLICABLE  TO  THE
ACTIVITIES IN WHICH IT MAY ENGAGE UNDER THE REGISTRATION; OR
  (III)  IS  AN  APPLICANT UNDER SUBDIVISION ONE OF SECTION THIRTY-THREE
HUNDRED SIXTY-FOUR OF THIS TITLE, IN WHICH  CASE  THE  COMMISSIONER  MAY
CONSIDER  WHETHER  THE  NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA IS
ADEQUATE OR EXCESSIVE TO REASONABLY SERVE THE AREA.
  (B) FOR PURPOSES OF THIS SECTION, PROOF THAT  A  REGISTERED  ORGANIZA-
TION,  DURING  THE  PERIOD  OF  ITS REGISTRATION, HAS FAILED TO MAINTAIN
EFFECTIVE CONTROL AGAINST DIVERSION  OR  HAS  KNOWINGLY  OR  NEGLIGENTLY
FAILED  TO  COMPLY WITH APPLICABLE STATE LAWS RELATING TO THE ACTIVITIES
IN WHICH IT ENGAGES UNDER THE REGISTRATION, SHALL CONSTITUTE SUBSTANTIAL
EVIDENCE THAT THE APPLICANT  WILL  BE  UNLIKELY  TO  MAINTAIN  EFFECTIVE
CONTROL  AGAINST DIVERSION OR WILL BE UNLIKELY TO COMPLY WITH THE APPLI-
CABLE STATE STATUTES DURING THE PERIOD OF PROPOSED RENEWAL.
  6. THE DEPARTMENT MAY SUSPEND  OR  TERMINATE  THE  REGISTRATION  OF  A
REGISTERED  ORGANIZATION,  ON  GROUNDS  AND  USING PROCEDURES UNDER THIS
ARTICLE RELATING TO A LICENSE, TO THE EXTENT CONSISTENT WITH THIS TITLE.
CONDUCT IN COMPLIANCE WITH THIS TITLE, BUT WHICH MAY VIOLATE CONFLICTING
FEDERAL LAW, SHALL NOT BE GROUNDS TO SUSPEND OR  TERMINATE  A  REGISTRA-
TION.
  7.  A  REGISTERED  ORGANIZATION  IS  ENTITLED  TO  ALL  OF THE RIGHTS,
PROTECTIONS, AND PROCEDURES PROVIDED TO A LICENSEE UNDER THIS ARTICLE.

S. 4406                            11

  8. THE DEPARTMENT SHALL BEGIN  ISSUING  REGISTRATIONS  FOR  REGISTERED
ORGANIZATIONS  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
SECTION.
  9.  THE  COMMISSIONER SHALL DETERMINE THE APPROPRIATE NUMBER OF REGIS-
TERED ORGANIZATIONS AND  FACILITIES  TO  PROMOTE  REASONABLE  ACCESS  TO
MEDICAL MARIHUANA IN THE INTEREST OF CERTIFIED PATIENTS AND THE PUBLIC.
  S  3366.  REPORTS  BY  REGISTERED  ORGANIZATIONS.  1. THE COMMISSIONER
SHALL, BY REGULATION,  REQUIRE  EACH  REGISTERED  ORGANIZATION  TO  FILE
REPORTS  BY THE REGISTERED ORGANIZATION DURING A PARTICULAR PERIOD.  THE
COMMISSIONER SHALL DETERMINE THE INFORMATION  TO  BE  REPORTED  AND  THE
FORMS, TIME, AND MANNER OF THE REPORTING.
  2.    THE  COMMISSIONER  SHALL, BY REGULATION, REQUIRE EACH REGISTERED
ORGANIZATION TO ADOPT AND MAINTAIN SECURITY, TRACKING, AND  SURVEILLANCE
SYSTEMS,  RELATING TO ALL MEDICAL MARIHUANA AT EVERY STAGE OF ACQUIRING,
POSSESSION, MANUFACTURE, SALE, DELIVERY, TRANSPORTING, DISTRIBUTING,  OR
DISPENSING BY THE REGISTERED ORGANIZATION, SUBJECT TO REGULATIONS OF THE
COMMISSIONER.
  S  3367.  EVALUATION;  RESEARCH PROGRAMS; REPORT BY DEPARTMENT. 1. THE
COMMISSIONER MAY PROVIDE FOR THE ANALYSIS AND EVALUATION OF  THE  OPERA-
TION  OF THIS TITLE. THE COMMISSIONER MAY ENTER INTO AGREEMENTS WITH ONE
OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS OR OTHER ORGANIZATIONS, FOR
THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTATION AND EFFECTIVENESS
OF THIS TITLE.
  2. THE DEPARTMENT MAY DEVELOP, SEEK  ANY  NECESSARY  FEDERAL  APPROVAL
FOR, AND CARRY OUT RESEARCH PROGRAMS RELATING TO MEDICAL USE OF MARIHUA-
NA.    PARTICIPATION  IN ANY SUCH RESEARCH PROGRAM SHALL BE VOLUNTARY ON
THE PART OF PRACTITIONERS, PATIENTS, AND DESIGNATED CAREGIVERS.
  3. THE DEPARTMENT SHALL REPORT EVERY TWO YEARS,  BEGINNING  TWO  YEARS
AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA-
TURE ON THE MEDICAL USE OF MARIHUANA UNDER THIS TITLE AND MAKE APPROPRI-
ATE RECOMMENDATIONS.
  S  3368.  RELATION  TO  OTHER  LAWS. 1. THE PROVISIONS OF THIS ARTICLE
SHALL APPLY TO THIS TITLE, EXCEPT THAT WHERE A PROVISION OF  THIS  TITLE
CONFLICTS  WITH  ANOTHER  PROVISION  OF  THIS  ARTICLE, THIS TITLE SHALL
APPLY.
  2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE OR PROHIBIT  AN
INSURER  OR  HEALTH  PLAN  UNDER  THIS  CHAPTER  OR THE INSURANCE LAW TO
PROVIDE COVERAGE FOR MEDICAL MARIHUANA. NOTHING IN THIS TITLE  SHALL  BE
CONSTRUED  TO REQUIRE COVERAGE FOR MEDICAL MARIHUANA UNDER ARTICLE TWEN-
TY-FIVE OF THIS CHAPTER OR ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
  3. A PERSON OR ENTITY SHALL  NOT  BE  SUBJECT  TO  CRIMINAL  OR  CIVIL
LIABILITY  OR  PROFESSIONAL DISCIPLINE FOR ACTING REASONABLY AND IN GOOD
FAITH PURSUANT TO THIS TITLE.
  S 3369. PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA.  1.    CERTIFIED
PATIENTS, DESIGNATED CAREGIVERS, PRACTITIONERS, REGISTERED ORGANIZATIONS
AND  THE  EMPLOYEES  OF REGISTERED ORGANIZATIONS SHALL NOT BE SUBJECT TO
ARREST, PROSECUTION, OR PENALTY IN ANY MANNER, OR DENIED  ANY  RIGHT  OR
PRIVILEGE,  INCLUDING  BUT  NOT LIMITED TO CIVIL PENALTY OR DISCIPLINARY
ACTION BY A BUSINESS OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD  OR
BUREAU,  SOLELY FOR THE CERTIFIED MEDICAL USE OR MANUFACTURE OF MARIHUA-
NA, OR FOR ANY OTHER ACTION OR CONDUCT IN ACCORDANCE  WITH  THIS  TITLE.
STATE  OR  LOCAL  LAW  ENFORCEMENT  AGENCIES SHALL NOT COOPERATE WITH OR
PROVIDE ASSISTANCE TO THE GOVERNMENT OF THE UNITED STATES OR ANY  AGENCY
THEREOF  IN ENFORCING THE CONTROLLED SUBSTANCES ACT, 21 U.S.C. S 801 ET.
SEQ., SOLELY FOR ACTIONS AND CONDUCT CONSISTENT WITH THIS TITLE,  EXCEPT
AS PURSUANT TO A VALID COURT ORDER.

S. 4406                            12

  2.  AFFIRMATIVE  DEFENSE. A PATIENT AND A PATIENT'S CAREGIVER WHO HAVE
FAILED TO OBTAIN A REGISTRY IDENTIFICATION CARD MAY ASSERT  AN  AFFIRMA-
TIVE  DEFENSE TO ANY PROSECUTION UNDER STATE LAW FOR ACTIONS AND CONDUCT
THAT IS OTHERWISE CONSISTENT WITH THE CERTIFIED MEDICAL USE OF MARIHUANA
AS DEFINED UNDER THIS TITLE.
  3.  INCIDENTAL  AMOUNT  OF  MARIHUANA. ANY INCIDENTAL AMOUNT OF SEEDS,
STALKS, AND UNUSABLE ROOTS SHALL NOT BE INCLUDED IN THE  AMOUNTS  SPECI-
FIED  IN  SUBDIVISION  ONE  OF SECTION THIRTY-THREE HUNDRED SIXTY-TWO OF
THIS TITLE.
  4. SCHOOL, EMPLOYER, OR  LANDLORD  MAY  NOT  DISCRIMINATE.  A  SCHOOL,
EMPLOYER,  OR LANDLORD MAY NOT REFUSE TO ENROLL OR EMPLOY OR LEASE TO OR
OTHERWISE PENALIZE A PERSON SOLELY FOR THAT PERSON'S STATUS AS A  CERTI-
FIED  PATIENT  OR DESIGNATED CAREGIVER UNLESS FAILING TO DO SO WOULD PUT
THE SCHOOL, EMPLOYER, OR LANDLORD IN VIOLATION OF FEDERAL LAW  OR  CAUSE
IT TO LOSE A FEDERAL CONTRACT OR FUNDING.
  5.  PERSON MAY NOT BE DENIED MEDICAL CARE, INCLUDING ORGAN TRANSPLANT.
FOR THE  PURPOSES  OF  MEDICAL  CARE,  INCLUDING  ORGAN  TRANSPLANTS,  A
PATIENT'S  MEDICAL  USE  OF MARIHUANA SHALL NOT CONSTITUTE THE USE OF AN
ILLICIT  SUBSTANCE  AND  MAY  ONLY  BE  CONSIDERED   WITH   RESPECT   TO
EVIDENCE-BASED CLINICAL CRITERIA.
  6.  PERSON  MAY NOT BE DENIED CUSTODY OR VISITATION OF MINOR. A PERSON
SHALL NOT BE DENIED CUSTODY OR VISITATION  OF  A  MINOR  FOR  ACTING  IN
ACCORDANCE  WITH THIS TITLE UNLESS THE PERSON'S BEHAVIOR IS SUCH THAT IT
CREATES AN UNREASONABLE DANGER TO THE MINOR THAT CAN BE  CLEARLY  ARTIC-
ULATED AND SUBSTANTIATED.
  7.  EFFECT OF REGISTRY IDENTIFICATION CARD ISSUED BY ANOTHER JURISDIC-
TION. A REGISTRY IDENTIFICATION CARD, OR ITS EQUIVALENT, THAT IS  ISSUED
UNDER  THE  LAWS OF ANOTHER STATE, DISTRICT, TERRITORY, COMMONWEALTH, OR
POSSESSION OF THE UNITED STATES THAT ALLOWS THE MEDICAL USE OF MARIHUANA
HAS THE SAME FORCE AND EFFECT AS A REGISTRY IDENTIFICATION  CARD  ISSUED
BY  THE  DEPARTMENT, SO LONG AS THE VISITING PATIENT'S SERIOUS CONDITION
WOULD QUALIFY FOR THE CERTIFIED MEDICAL  USE  OF  MARIHUANA  UNDER  THIS
TITLE.
  S  3369-A.  REGULATIONS. 1. THE COMMISSIONER SHALL MAKE REGULATIONS TO
IMPLEMENT THIS TITLE.
  2. ADVISORY COMMITTEE. THERE IS HEREBY ESTABLISHED IN  THE  DEPARTMENT
AN ADVISORY COMMITTEE ON MEDICAL USE OF MARIHUANA (THE "ADVISORY COMMIT-
TEE")  TO ADVISE THE COMMISSIONER ON MAKING REGULATIONS UNDER THIS TITLE
AND ON ANY MATTERS RELATING TO THE IMPLEMENTATION OF THIS TITLE  AS  THE
COMMISSIONER  SHALL DETERMINE. THE MEMBERS OF THE ADVISORY COMMITTEE AND
ANY SUBCOMMITTEE OF THE ADVISORY  COMMITTEE  ("SUBCOMMITTEE")  SHALL  BE
APPOINTED  BY THE COMMISSIONER AND INCLUDE BUT NOT BE LIMITED TO: HEALTH
CARE PRACTITIONERS, PATIENTS OR REPRESENTATIVES OF PATIENTS WITH SERIOUS
CONDITIONS, EXPERTS IN  THE  REGULATION  OF  CONTROLLED  SUBSTANCES  FOR
MEDICAL  USE,  MEDICAL MARIHUANA INDUSTRY PROFESSIONALS AND LAW ENFORCE-
MENT. THE COMMISSIONER MAY  ALSO  FORM  SUBCOMMITTEES  OF  THE  ADVISORY
COMMITTEE.  THE  COMMISSIONER  SHALL  FORM  A SUBCOMMITTEE TO ADVISE THE
COMMISSIONER ON CLINICAL MATTERS  RELATING  TO  MEDICAL  MARIHUANA,  THE
MEMBERS OF WHICH SHALL PREDOMINANTLY BE CLINICAL PROFESSIONALS IN APPRO-
PRIATE  AREAS  OF  EXPERTISE  AND  SHALL ALSO INCLUDE REPRESENTATIVES OF
PATIENTS AND THE GENERAL PUBLIC. MEMBERS OF A SUBCOMMITTEE NEED  NOT  BE
MEMBERS  OF THE ADVISORY COMMITTEE. MEMBERS OF THE ADVISORY COMMITTEE OR
A SUBCOMMITTEE SHALL SERVE AT THE PLEASURE OF THE COMMISSIONER.  MEMBERS
OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE MAY RECEIVE REIMBURSEMENT BY
THE  DEPARTMENT  FOR THEIR REASONABLE AND NECESSARY EXPENSES INCURRED AS

S. 4406                            13

MEMBERS OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE. A  PUBLIC  EMPLOYEE
MAY BE A MEMBER OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE.
  S 3369-B. SEVERABILITY. IF ANY PROVISION OF THIS TITLE OR THE APPLICA-
TION  THEREOF  TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, SUCH INVA-
LIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF  THIS  TITLE
WHICH  CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION,
AND TO THIS END THE PROVISIONS OF THIS TITLE ARE SEVERABLE.
  S 3. Section 3343-a of the public health law is amended  by  adding  a
new subdivision 8-a to read as follows:
  8-A.  MEDICAL  MARIHUANA.  AS  USED  IN  ANY PROVISION OF THIS ARTICLE
RELATING TO THE PRESCRIPTION MONITORING PROGRAM REGISTRY, THE  FOLLOWING
TERMS  SHALL  INCLUDE THE FOLLOWING IN RELATION TO MEDICAL MARIHUANA, IN
ADDITION TO THE MEANING EACH TERM WOULD OTHERWISE HAVE:
  (A) "PRESCRIPTION," "PRESCRIBE," AND  "PRESCRIBER,"  INCLUDE,  RESPEC-
TIVELY,  A  CERTIFICATION, THE ISSUING OF A CERTIFICATION, AND A PRACTI-
TIONER UNDER TITLE FIVE-A OF THIS ARTICLE.
  (B) "PHARMACY" INCLUDES A REGISTERED ORGANIZATION THAT  IS  AUTHORIZED
TO  DISPENSE  MEDICAL  MARIHUANA  UNDER  TITLE  FIVE-A  OF THIS ARTICLE;
PROVIDED THAT A REGISTERED ORGANIZATION THAT IS NOT A FACILITY  LICENSED
UNDER  ARTICLE  TWENTY-EIGHT OF THIS CHAPTER OR A PHARMACY UNDER ARTICLE
ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW SHALL NOT BE AUTHORIZED TO
CONSULT THE REGISTRY OR ACCESS  PATIENT-SPECIFIC  INFORMATION  FROM  THE
REGISTRY, INCLUDING UNDER SUBDIVISION THREE OF THIS SECTION AND SUBDIVI-
SION  TWO  OF  SECTION THIRTY-THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE,
BUT SHALL REPORT INFORMATION TO THE REGISTRY, INCLUDING  UNDER  SUBDIVI-
SION FOUR OF SECTION THIRTY-THREE HUNDRED THIRTY-THREE OF THIS ARTICLE.
  (C)  "PATIENT-SPECIFIC INFORMATION," IN RELATION TO MEDICAL MARIHUANA,
SHALL NOT INCLUDE INFORMATION NOT REQUIRED TO BE INCLUDED IN  A  CERTIF-
ICATION UNDER TITLE FIVE-A OF THIS ARTICLE.
  (D)  "CONTROLLED  SUBSTANCE" INCLUDES MEDICAL MARIHUANA, REGARDLESS OF
WHETHER THE PROVISION IN WHICH THE TERM IS FOUND IS LIMITED TO SCHEDULES
OTHER THAN SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THIS  ARTI-
CLE.
  (E)  "MEDICAL MARIHUANA" MEANS MEDICAL MARIHUANA UNDER TITLE FIVE-A OF
THIS ARTICLE.
  S 4. The tax law is amended by adding a new article 20-B  to  read  as
follows:
                              ARTICLE 20-B
                        TAX ON MEDICAL MARIHUANA
SECTION 490. EXCISE TAX ON MEDICAL MARIHUANA.
  S  490.  EXCISE  TAX ON MEDICAL MARIHUANA. 1. ALL DEFINITIONS OF TERMS
APPLICABLE TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC  HEALTH
LAW SHALL APPLY TO THIS ARTICLE.
  2.  THERE  IS HEREBY LEVIED AND IMPOSED ON REGISTERED ORGANIZATIONS AN
EXCISE TAX ON ALL MEDICAL MARIHUANA SOLD TO ANOTHER REGISTERED ORGANIZA-
TION OR TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER. THE  EXCISE  TAX
SHALL BE AT THE FOLLOWING RATES:
  (A)  FOR  MEDICAL MARIHUANA MANUFACTURED BY A REGISTERED ORGANIZATION:
ONE HUNDRED TWENTY-FIVE DOLLARS  FOR  EACH  POUND  OR  PART  THEREOF  OF
MEDICAL MARIHUANA MANUFACTURED BY THE REGISTERED ORGANIZATION.
  (B)  FOR  MEDICAL MARIHUANA DISPENSED TO A CERTIFIED PATIENT OR DESIG-
NATED CAREGIVER: ONE HUNDRED TWENTY-FIVE DOLLARS FOR EACH POUND OR  PART
THEREOF  OF  MEDICAL  MARIHUANA  DISPENSED; PROVIDED THAT IF THE MEDICAL
MARIHUANA UNDER THIS PARAGRAPH WAS OBTAINED BY THE REGISTERED  ORGANIZA-
TION  FROM AN ENTITY THAT DID NOT PAY AN EXCISE TAX ATTRIBUTABLE TO THAT

S. 4406                            14

MEDICAL MARIHUANA UNDER PARAGRAPH (A) OF THIS SUBDIVISION, THEN THE  TAX
UNDER THIS PARAGRAPH SHALL BE TWO HUNDRED FIFTY DOLLARS.
  3.  FIFTY  PERCENT  OF THE REVENUE RECEIVED BY THE DEPARTMENT SHALL BE
TRANSFERRED TO THE COUNTY IN WHICH THE MEDICAL  MARIHUANA  WAS  MANUFAC-
TURED  (IN  THE CASE OF REVENUE RECEIVED UNDER PARAGRAPH (A) OF SUBDIVI-
SION TWO OF THIS SECTION) OR DISPENSED (IN THE CASE OF REVENUE  RECEIVED
UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION). FOR PURPOSES OF
THIS SUBDIVISION, THE CITY OF NEW YORK SHALL BE DEEMED TO BE A COUNTY.
  4. THE COMMISSIONER SHALL MAKE REGULATIONS TO IMPLEMENT THIS ARTICLE.
  S  5.  Section  853 of the general business law is amended by adding a
new subdivision 3 to read as follows:
  3. THIS ARTICLE SHALL NOT APPLY TO ANY SALE, FURNISHING OR  POSSESSION
WHICH IS FOR A LAWFUL PURPOSE UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE
OF THE PUBLIC HEALTH LAW.
  S  6.  Section 221.00 of the penal law, as added by chapter 360 of the
laws of 1977, is amended to read as follows:
S 221.00 Marihuana; definitions.
  Unless the context in which they are used clearly otherwise  requires,
the terms occurring in this article shall have the same meaning ascribed
to  them in article two hundred twenty of this chapter.  ANY ACT THAT IS
LAWFUL UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE  PUBLIC  HEALTH
LAW IS NOT A VIOLATION OF THIS ARTICLE.
  S  7. This act shall take effect immediately, provided that the amend-
ment to section 3343-a of the public health law made by section three of
this act shall take effect on the same date and in the  same  manner  as
section  2  of  part  A  of chapter 447 of the laws of 2012, as amended,
takes effect.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4406--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 26, 2013
                               ___________

Introduced  by  Sens.  SAVINO,  ADAMS, AVELLA, BRESLIN, CARLUCCI, DILAN,
  HOYLMAN, KLEIN, KRUEGER, MONTGOMERY, PARKER, SAMPSON, SQUADRON,  TKAC-
  ZYK  -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Health -- committee discharged, bill  amended,
  ordered reprinted as amended and recommitted to said committee

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:

  Section 1. Legislative findings and intent. The legislature finds that
thousands of New Yorkers have serious medical  conditions  that  can  be
improved  by  medically-approved  use  of  marihuana. The law should not
stand between them and treatment necessary for  life  and  health.  This
legislation follows the well-established public policy that a controlled
substance  can have a legitimate medical use. Many controlled substances
that are legal for medical use (such as morphine and steroids) are ille-
gal for any other use. The purposes of article 33 of the  public  health
law  include allowing legitimate medical use of controlled substances in
health care, including palliative care. This legislation  establishes  a
medical model of care which regulates medical marihuana as a recommended
medicine  in  keeping  with  recognized medical public health and safety
standards. This policy and this legislation do not in any  way  diminish
New York state's strong public policy and laws against illegal drug use,
nor  should  it be deemed in any manner to advocate, authorize, promote,
or legally or socially accept the  use  of  marihuana  for  children  or
adults,  for  any  non-medical  use.  This legislation is an appropriate
exercise of the state's legislative power to protect the health  of  its
people  under  article 17 of the state constitution and the tenth amend-
ment of the United States  constitution.  Furthermore,  the  legislature
finds  that  New  York  state has a significant and ongoing economic and
non-regulatory interest in the financial viability of organizations that

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01604-07-3
              

S. 4406--A                          2

sell marihuana for medical use. The legislature finds that the financial
viability of such organizations would be greatly diminished and  threat-
ened  by  labor-management conflict, such as a strike at a facility that
cultivates  marihuana, especially because of the need for enhanced secu-
rity concerning the products. Replacements  during  a  strike  would  be
difficult  to arrange and cause delay far more significant than a strike
elsewhere. Accordingly, the legislature  finds  that  the  state  has  a
substantial  and  compelling  proprietary  interest  in this matter, and
finds that labor peace is essential  for  any  organization  to  conduct
business relating to the sale of medical marihuana.
  It is the legislative intent that this act be implemented consistently
with  these  findings  and principles, through a reasonable and workable
system with appropriate oversight; strong "seed to sale"  regulation  to
prevent  diversion,  abuse, and other illegal conduct; reasonable access
to and appropriate use of medical marihuana by certified patients; eval-
uation; and continuing research.
  S 2. Article 33 of the public health law is amended by  adding  a  new
title 5-A to read as follows:
                                TITLE V-A
                        MEDICAL USE OF MARIHUANA
SECTION 3360.   DEFINITIONS.
        3361.   CERTIFICATION OF PATIENTS.
        3362.   LAWFUL MEDICAL USE.
        3363.   REGISTRY IDENTIFICATION CARDS.
        3364.   REGISTERED ORGANIZATIONS.
        3365.   REGISTERING OF REGISTERED ORGANIZATIONS.
        3366.   REPORTS BY REGISTERED ORGANIZATIONS.
        3367.   EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
        3368.   RELATION TO OTHER LAWS.
        3369.   PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA.
        3369-A. REGULATIONS.
        3369-B. SEVERABILITY.
  S  3360. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES  OTHER-
WISE:
  1.  "CERTIFIED  MEDICAL  USE"  MEANS THE ACQUISITION, POSSESSION, USE,
DELIVERY, TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF  MEDICAL  MARI-
HUANA  BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR USE AS PART OF
THE TREATMENT OF THE PATIENT'S SERIOUS CONDITION SPECIFIED IN A  CERTIF-
ICATION  UNDER  SECTION  THIRTY-THREE  HUNDRED  SIXTY-ONE OF THIS TITLE,
INCLUDING ENABLING THE PATIENT TO TOLERATE  TREATMENT  FOR  THE  SERIOUS
CONDITION.
  2.  "CARING FOR" MEANS TREATING OR COUNSELING A PATIENT, IN THE COURSE
OF WHICH THE  PRACTITIONER  HAS  COMPLETED  A  FULL  ASSESSMENT  OF  THE
PATIENT'S MEDICAL HISTORY AND CURRENT MEDICAL CONDITION.
  3.  "CERTIFIED PATIENT" MEANS A PATIENT WHO IS CERTIFIED UNDER SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
  4.  "CERTIFICATION"  MEANS  A  CERTIFICATION,   MADE   UNDER   SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
  5.  "DESIGNATED CAREGIVER" MEANS THE INDIVIDUAL DESIGNATED BY A CERTI-
FIED PATIENT IN A REGISTRY APPLICATION.
  6. "PUBLIC PLACE" MEANS A PUBLIC PLACE AS DEFINED IN SECTION 240.00 OF
THE PENAL LAW, A MOTOR VEHICLE AS DEFINED IN SECTION ONE  HUNDRED  TWEN-
TY-FIVE  OF  THE  VEHICLE  AND  TRAFFIC  LAW,  AN AIRCRAFT AS DEFINED IN
SECTION TWO HUNDRED FORTY OF THE GENERAL BUSINESS LAW  OR  A  VESSEL  AS
DEFINED IN SECTION TWO OF THE NAVIGATION LAW.

S. 4406--A                          3

  7. "SERIOUS CONDITION" MEANS A SEVERE DEBILITATING OR LIFE-THREATENING
CONDITION,  INCLUDING,  BUT  NOT  LIMITED TO, CANCER, GLAUCOMA, POSITIVE
STATUS FOR HUMAN IMMUNODEFICIENCY VIRUS OR  ACQUIRED  IMMUNE  DEFICIENCY
SYNDROME, PARKINSON'S DISEASE, MULTIPLE SCLEROSIS, DAMAGE TO THE NERVOUS
TISSUE  OF  THE  SPINAL  CORD  WITH OBJECTIVE NEUROLOGICAL INDICATION OF
INTRACTABLE SPASTICITY, EPILEPSY, CACHEXIA,  WASTING  SYNDROME,  CROHN'S
DISEASE,  POST-TRAUMATIC  STRESS DISORDER, NEUROPATHY, ARTHRITIS, LUPUS,
AND DIABETES, OR A CONDITION ASSOCIATED WITH OR A COMPLICATION OF SUCH A
CONDITION OR ITS TREATMENT SUBJECT TO LIMITATION IN  REGULATION  OF  THE
COMMISSIONER.
  8. "MEDICAL MARIHUANA" MEANS MARIHUANA AS DEFINED IN SUBDIVISION TWEN-
TY-ONE  OF SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE INTENDED FOR
A CERTIFIED MEDICAL USE.
  9. "REGISTERED ORGANIZATION" MEANS  A  REGISTERED  ORGANIZATION  UNDER
SECTIONS   THIRTY-THREE  HUNDRED  SIXTY-FOUR  AND  THIRTY-THREE  HUNDRED
SIXTY-FIVE OF THIS TITLE.
  10. "REGISTRY APPLICATION" MEANS AN APPLICATION PROPERLY COMPLETED AND
FILED  WITH  THE  DEPARTMENT  BY  A  CERTIFIED  PATIENT  UNDER   SECTION
THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
  11.  "REGISTRY IDENTIFICATION CARD" MEANS A DOCUMENT THAT IDENTIFIES A
CERTIFIED PATIENT OR DESIGNATED CAREGIVER,  AS  PROVIDED  UNDER  SECTION
THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
  12.  "PRACTITIONER" MEANS A PRACTITIONER WHO IS A PHYSICIAN, PHYSICIAN
ASSISTANT, OR  NURSE  PRACTITIONER,  ACTING  WITHIN  THE  PRACTITIONER'S
LAWFUL SCOPE OF PRACTICE.
  13.  "TERMINALLY ILL" MEANS AN INDIVIDUAL HAS A MEDICAL PROGNOSIS THAT
THE INDIVIDUAL'S LIFE EXPECTANCY IS APPROXIMATELY ONE YEAR  OR  LESS  IF
THE ILLNESS RUNS ITS NORMAL COURSE.
  14. "LABOR PEACE AGREEMENT" MEANS AN AGREEMENT BETWEEN AN ENTITY AND A
LABOR  ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S PROPRIETARY
INTERESTS BY PROHIBITING LABOR ORGANIZATIONS AND MEMBERS  FROM  ENGAGING
IN PICKETING, WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFER-
ENCE WITH THE REGISTERED ORGANIZATION'S BUSINESS.
  S 3361. CERTIFICATION OF PATIENTS. 1. A PATIENT CERTIFICATION MAY ONLY
BE  ISSUED IF A PRACTITIONER WHO IS CARING FOR THE PATIENT FOR A SERIOUS
CONDITION CERTIFIES THAT: (A) THE PATIENT HAS A SERIOUS CONDITION, WHICH
SHALL BE SPECIFIED IN THE PATIENT'S HEALTH CARE RECORD; (B) THE  PATIENT
IS  UNDER  THE PRACTITIONER'S CARE FOR THE SERIOUS CONDITION; AND (C) IN
THE PRACTITIONER'S  PROFESSIONAL  OPINION,  THE  PATIENT  IS  LIKELY  TO
RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE PRIMARY OR ADJUNCTIVE
TREATMENT WITH MEDICAL USE OF MARIHUANA FOR THE SERIOUS CONDITION.
  2.  THE  CERTIFICATION  SHALL  BE IN WRITING AND INCLUDE (A) THE NAME,
DATE OF BIRTH AND ADDRESS OF THE  PATIENT;  (B)  A  STATEMENT  THAT  THE
PATIENT HAS A SERIOUS CONDITION; THE PATIENT IS UNDER THE PRACTITIONER'S
CARE  FOR  THE SERIOUS CONDITION AND, IN THE PRACTITIONER'S PROFESSIONAL
OPINION, THE PATIENT IS LIKELY  TO  RECEIVE  THERAPEUTIC  OR  PALLIATIVE
BENEFIT  FROM  THE  PRIMARY  OR ADJUNCTIVE TREATMENT WITH MEDICAL USE OF
MARIHUANA FOR THE SERIOUS CONDITION; (C) THE DATE;  AND  (D)  THE  NAME,
ADDRESS,  FEDERAL  REGISTRATION  NUMBER, TELEPHONE NUMBER, AND THE HAND-
WRITTEN SIGNATURE OF THE CERTIFYING PRACTITIONER.  THE COMMISSIONER  MAY
REQUIRE BY REGULATION THAT THE CERTIFICATION SHALL BE ON A FORM PROVIDED
BY  THE DEPARTMENT IF THE COMMISSIONER DETERMINES THAT THE DEPARTMENT IS
MAKING CERTIFICATION FORMS ADEQUATELY AVAILABLE.  THE  PRACTITIONER  MAY
STATE  IN  THE  CERTIFICATION  THAT,  IN THE PRACTITIONER'S PROFESSIONAL
OPINION THE PATIENT WOULD BENEFIT FROM MEDICAL MARIHUANA  ONLY  UNTIL  A
SPECIFIED DATE. THE PRACTITIONER MAY STATE IN THE CERTIFICATION THAT, IN

S. 4406--A                          4

THE  PRACTITIONER'S  PROFESSIONAL  OPINION THE PATIENT IS TERMINALLY ILL
AND THAT THE CERTIFICATION SHALL NOT EXPIRE UNTIL THE PATIENT DIES.
  3.  THE  PRACTITIONER  SHALL  GIVE  THE CERTIFICATION TO THE CERTIFIED
PATIENT, AND PLACE A COPY IN THE PATIENT'S HEALTH CARE RECORD.
  4. NO PRACTITIONER SHALL ISSUE A CERTIFICATION UNDER THIS SECTION  FOR
HIMSELF OR HERSELF.
  5.  A  REGISTRY  IDENTIFICATION  CARD  BASED  ON A CERTIFICATION SHALL
EXPIRE ONE YEAR AFTER THE DATE THE CERTIFICATION IS SIGNED BY THE  PRAC-
TITIONER; EXCEPT THAT WHERE A CERTIFIED PATIENT HAS A REGISTRY IDENTIFI-
CATION CARD BASED ON A CURRENT VALID CERTIFICATION, A NEW REGISTRY IDEN-
TIFICATION CARD BASED ON A NEW CERTIFICATION SHALL EXPIRE ONE YEAR AFTER
THE  EXPIRATION OF THE REGISTRY IDENTIFICATION CARD BASED ON THE CURRENT
VALID CERTIFICATION. HOWEVER,
  (A) IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT, IN THE PRAC-
TITIONER'S PROFESSIONAL OPINION, THE PATIENT WOULD BENEFIT FROM  MEDICAL
MARIHUANA  ONLY  UNTIL A SPECIFIED EARLIER DATE, THEN THE REGISTRY IDEN-
TIFICATION CARD SHALL EXPIRE ON THAT DATE;
  (B) IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT IN THE  PRAC-
TITIONER'S  PROFESSIONAL  OPINION THE PATIENT IS TERMINALLY ILL AND THAT
THE CERTIFICATION SHALL NOT EXPIRE UNTIL  THE  PATIENT  DIES,  THEN  THE
REGISTRY  IDENTIFICATION CARD SHALL STATE THAT THE PATIENT IS TERMINALLY
ILL AND THAT THE REGISTRATION CARD SHALL NOT EXPIRE  UNTIL  THE  PATIENT
DIES; AND
  (C)  IF  THE PRACTITIONER RE-ISSUES THE CERTIFICATION TO TERMINATE THE
CERTIFICATION ON AN EARLIER DATE, THEN THE REGISTRY IDENTIFICATION  CARD
SHALL  EXPIRE  ON THAT DATE AND SHALL BE PROMPTLY RETURNED BY THE CERTI-
FIED PATIENT TO THE DEPARTMENT.
  S 3362. LAWFUL MEDICAL  USE.  1.  THE  POSSESSION,  ACQUISITION,  USE,
DELIVERY,  TRANSFER,  TRANSPORTATION, OR ADMINISTRATION OF MEDICAL MARI-
HUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER POSSESSING A  VALID
REGISTRY IDENTIFICATION CARD, FOR CERTIFIED MEDICAL USE, SHALL BE LAWFUL
UNDER THIS TITLE; PROVIDED THAT:
  (A)  THE  MARIHUANA  THAT MAY BE POSSESSED BY A CERTIFIED PATIENT DOES
NOT EXCEED A TOTAL AGGREGATE WEIGHT OF TWO AND ONE-HALF OUNCES OF  MARI-
HUANA; AND
  (B) THE MARIHUANA THAT MAY BE POSSESSED BY A DESIGNATED CAREGIVER DOES
NOT  EXCEED THE QUANTITIES REFERRED TO IN PARAGRAPH (A) OF THIS SUBDIVI-
SION FOR EACH CERTIFIED PATIENT FOR WHOM THE CAREGIVER POSSESSES A VALID
REGISTRY IDENTIFICATION CARD, UP TO FIVE CERTIFIED PATIENTS.
  2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION:
  (A) POSSESSION OF MARIHUANA SHALL NOT BE LAWFUL UNDER THIS TITLE IF IT
IS CONSUMED, GROWN OR DISPLAYED IN A PUBLIC PLACE;
  (B) MEDICAL MARIHUANA MAY NOT BE SMOKED IN ANY PLACE WHERE TOBACCO MAY
NOT BE SMOKED UNDER ARTICLE THIRTEEN-E OF THIS CHAPTER.
  3. IT SHALL BE LAWFUL UNDER THIS ARTICLE TO GIVE OR DISPOSE  OF  MARI-
HUANA,  OBTAINED  UNDER  THIS  TITLE, FOR CERTIFIED MEDICAL USE, BETWEEN
CERTIFIED PATIENTS AND OTHER CERTIFIED PATIENTS, AND  BETWEEN  A  DESIG-
NATED  CAREGIVER  AND THE DESIGNATED CAREGIVER'S CERTIFIED PATIENT WHERE
NOTHING OF VALUE IS TRANSFERRED IN RETURN, OR TO OFFER TO DO  THE  SAME.
THIS  PROHIBITION  ON  TRANSFERRING  OR  OFFERING TO TRANSFER A THING OF
VALUE SHALL NOT:
  (A) APPLY TO SALE OF MEDICAL MARIHUANA TO OR BY A REGISTERED ORGANIZA-
TION UNDER THIS ARTICLE; NOR
  (B) PREVENT A DESIGNATED CAREGIVER FROM BEING REIMBURSED  FOR  REASON-
ABLE  COSTS  OR  ACTIVITIES  RELATING TO CARING FOR A CERTIFIED PATIENT,
INCLUDING, BUT NOT LIMITED TO,  REIMBURSEMENT  FOR  LEGITIMATE  EXPENSES

S. 4406--A                          5

RELATING  TO  THE PURCHASE OF MEDICAL MARIHUANA FROM A REGISTERED ORGAN-
IZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-SIX OF THIS TITLE.
  S  3363. REGISTRY IDENTIFICATION CARDS.  1. THE DEPARTMENT SHALL ISSUE
REGISTRY IDENTIFICATION CARDS  FOR  CERTIFIED  PATIENTS  AND  DESIGNATED
CAREGIVERS.  A  REGISTRY IDENTIFICATION CARD SHALL EXPIRE AS PROVIDED IN
SECTION THIRTY-THREE HUNDRED SIXTY-ONE OF THIS  TITLE  OR  AS  OTHERWISE
PROVIDED  IN  THIS  SECTION. THE DEPARTMENT SHALL BEGIN ISSUING REGISTRY
IDENTIFICATION CARDS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF
THIS SECTION.  THE DEPARTMENT MAY SPECIFY A FORM FOR A REGISTRY APPLICA-
TION,  IN  WHICH  CASE THE DEPARTMENT SHALL PROVIDE THE FORM ON REQUEST,
REPRODUCTIONS OF THE FORM MAY BE USED, AND THE FORM SHALL  BE  AVAILABLE
FOR DOWNLOADING FROM THE DEPARTMENT'S WEBSITE.
  2.  TO OBTAIN, AMEND OR RENEW A REGISTRY IDENTIFICATION CARD, A CERTI-
FIED PATIENT OR DESIGNATED CAREGIVER SHALL FILE A  REGISTRY  APPLICATION
WITH  THE  DEPARTMENT.  THE  REGISTRY APPLICATION OR RENEWAL APPLICATION
SHALL INCLUDE:
  (A) IN THE CASE OF A CERTIFIED PATIENT, THE ORIGINAL PATIENT'S CERTIF-
ICATION (A NEW WRITTEN CERTIFICATION SHALL BE PROVIDED  WITH  A  RENEWAL
APPLICATION);
  (B) IN THE CASE OF A CERTIFIED PATIENT,
  (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT;
  (II) THE DATE OF THE CERTIFICATION;
  (III)  IF  THE  PATIENT  HAS A REGISTRY IDENTIFICATION CARD BASED ON A
CURRENT VALID CERTIFICATION,  THE  REGISTRY  IDENTIFICATION  NUMBER  AND
EXPIRATION DATE OF THAT REGISTRY IDENTIFICATION CARD;
  (IV)  THE  SPECIFIED  DATE  UNTIL WHICH THE PATIENT WOULD BENEFIT FROM
MEDICAL MARIHUANA, IF THE CERTIFICATION STATES SUCH A DATE;
  (V) THE NAME, ADDRESS,  FEDERAL  REGISTRATION  NUMBER,  AND  TELEPHONE
NUMBER OF THE CERTIFYING PRACTITIONER; AND
  (VI)  OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
MENT;
  (C) IN THE CASE OF A CERTIFIED PATIENT, IF THE  PATIENT  DESIGNATES  A
DESIGNATED CAREGIVER, THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIG-
NATED  CAREGIVER,  AND OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED
BY THE DEPARTMENT; A CERTIFIED PATIENT MAY DESIGNATE UP  TO  TWO  DESIG-
NATED  CAREGIVERS;  EXCEPT  THAT  A CERTIFIED PATIENT MAY DESIGNATE MORE
THAN TWO CAREGIVERS IF THE ADDITIONAL  CAREGIVERS  ARE  MEMBERS  OF  THE
CERTIFIED PATIENT'S IMMEDIATE FAMILY OR PHYSICAL HOUSEHOLD;
  (D) IN THE CASE OF A DESIGNATED CAREGIVER,
  (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIGNATED CAREGIVER;
  (II)  IF  THE DESIGNATED CAREGIVER HAS A REGISTRY IDENTIFICATION CARD,
THE REGISTRY IDENTIFICATION NUMBER AND EXPIRATION DATE OF THAT  REGISTRY
IDENTIFICATION CARD; AND
  (III) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
MENT;
  (E)  A  STATEMENT  THAT  A  FALSE STATEMENT MADE IN THE APPLICATION IS
PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW;
  (F) THE DATE OF THE APPLICATION AND THE  SIGNATURE  OF  THE  CERTIFIED
PATIENT OR DESIGNATED CAREGIVER, AS THE CASE MAY BE; AND
  (G)  A  REASONABLE  APPLICATION  FEE, AS DETERMINED BY THE DEPARTMENT;
PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE THE FEE  IN  CASES  OF
FINANCIAL HARDSHIP.
  3. WHERE A CERTIFIED PATIENT IS UNDER THE AGE OF EIGHTEEN:
  (A)  THE  APPLICATION FOR A REGISTRY IDENTIFICATION CARD SHALL BE MADE
BY AN APPROPRIATE PERSON OVER TWENTY-ONE YEARS OF AGE.  THE  APPLICATION
SHALL STATE FACTS DEMONSTRATING THAT THE PERSON IS APPROPRIATE.

S. 4406--A                          6

  (B)  THE  DESIGNATED CAREGIVER SHALL BE (I) A PARENT OR LEGAL GUARDIAN
OF THE CERTIFIED PATIENT, (II) A PERSON DESIGNATED BY A PARENT OR  LEGAL
GUARDIAN, OR (III) AN APPROPRIATE PERSON APPROVED BY THE DEPARTMENT UPON
A  SUFFICIENT SHOWING THAT NO PARENT OR LEGAL GUARDIAN IS APPROPRIATE OR
AVAILABLE.
  4.  NO  PERSON  MAY  BE  A DESIGNATED CAREGIVER IF THE PERSON IS UNDER
TWENTY-ONE YEARS OF AGE UNLESS A  SUFFICIENT  SHOWING  IS  MADE  TO  THE
DEPARTMENT  THAT THE PERSON SHOULD BE PERMITTED TO SERVE AS A DESIGNATED
CAREGIVER.
  5.  NO PERSON MAY BE A DESIGNATED CAREGIVER FOR MORE THAN FIVE  CERTI-
FIED PATIENTS AT ONE TIME.
  6.  THE  DEPARTMENT SHALL ISSUE SEPARATE REGISTRY IDENTIFICATION CARDS
FOR CERTIFIED PATIENTS AND DESIGNATED CAREGIVERS WITHIN THIRTY  DAYS  OF
RECEIVING  A  COMPLETE  APPLICATION UNDER THIS SECTION, UNLESS IT DETER-
MINES THAT THE APPLICATION IS  INCOMPLETE  OR  FACIALLY  INACCURATE,  IN
WHICH CASE IT SHALL PROMPTLY NOTIFY THE APPLICANT.
  7.  IF THE APPLICATION OF A CERTIFIED PATIENT DESIGNATES AN INDIVIDUAL
AS A DESIGNATED CAREGIVER WHO IS NOT AUTHORIZED TO BE A DESIGNATED CARE-
GIVER, THAT PORTION OF THE APPLICATION SHALL BE DENIED BY THE DEPARTMENT
BUT THAT SHALL NOT AFFECT THE APPROVAL OF THE BALANCE  OF  THE  APPLICA-
TION.
  8. A REGISTRY IDENTIFICATION CARD SHALL:
  (A)  CONTAIN THE NAME OF THE CERTIFIED PATIENT OR THE DESIGNATED CARE-
GIVER AS THE CASE MAY BE;
  (B) CONTAIN THE DATE OF ISSUANCE AND EXPIRATION DATE OF  THE  REGISTRY
IDENTIFICATION CARD;
  (C) CONTAIN A REGISTRY IDENTIFICATION NUMBER FOR THE CERTIFIED PATIENT
OR  DESIGNATED  CAREGIVER, AS THE CASE MAY BE AND A REGISTRY IDENTIFICA-
TION NUMBER;
  (D) CONTAIN A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE REGISTRY  IDEN-
TIFICATION  CARD IS BEING ISSUED, WHICH SHALL BE OBTAINED BY THE DEPART-
MENT IN A MANNER SPECIFIED BY THE COMMISSIONER IN REGULATIONS; PROVIDED,
HOWEVER, THAT IF THE DEPARTMENT REQUIRES CERTIFIED  PATIENTS  TO  SUBMIT
PHOTOGRAPHS  FOR THIS PURPOSE, THERE SHALL BE A REASONABLE ACCOMMODATION
OF CERTIFIED PATIENTS WHO ARE CONFINED  TO  THEIR  HOMES  DUE  TO  THEIR
MEDICAL  CONDITIONS  AND  MAY THEREFORE HAVE DIFFICULTY PROCURING PHOTO-
GRAPHS; AND
  (E) BE A SECURE DOCUMENT.
  9. A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WHO HAS BEEN  ISSUED  A
REGISTRY  IDENTIFICATION  CARD SHALL NOTIFY THE DEPARTMENT OF ANY CHANGE
IN HIS OR HER NAME OR ADDRESS OR, WITH RESPECT TO THE PATIENT, OR IF  HE
OR  SHE  CEASES TO HAVE THE SERIOUS CONDITION NOTED ON THE CERTIFICATION
WITHIN TEN DAYS OF SUCH CHANGE.
  10. IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER LOSES  HIS  OR  HER
REGISTRY  IDENTIFICATION CARD, HE OR SHE SHALL NOTIFY THE DEPARTMENT AND
SUBMIT A TEN DOLLAR FEE WITHIN TEN DAYS OF LOSING THE CARD  TO  MAINTAIN
THE  REGISTRATION.  THE DEPARTMENT MAY ESTABLISH HIGHER FEES FOR ISSUING
A NEW REGISTRY IDENTIFICATION CARD FOR SECOND  AND  SUBSEQUENT  REPLACE-
MENTS FOR A LOST CARD, PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE
THE  FEE  IN  CASES OF FINANCIAL HARDSHIP.   WITHIN FIVE DAYS AFTER SUCH
NOTIFICATION AND PAYMENT, THE DEPARTMENT  SHALL  ISSUE  A  NEW  REGISTRY
IDENTIFICATION  CARD,  WHICH  MAY  CONTAIN A NEW REGISTRY IDENTIFICATION
NUMBER, TO THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER,  AS  THE  CASE
MAY BE.
  11.  THE  DEPARTMENT SHALL MAINTAIN A CONFIDENTIAL LIST OF THE PERSONS
TO WHOM IT HAS ISSUED REGISTRY IDENTIFICATION CARDS.  INDIVIDUAL IDENTI-

S. 4406--A                          7

FYING INFORMATION OBTAINED BY THE DEPARTMENT UNDER THIS TITLE  SHALL  BE
CONFIDENTIAL  AND EXEMPT FROM DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC
OFFICERS LAW. NOTWITHSTANDING THIS SUBDIVISION, THE DEPARTMENT MAY NOTI-
FY ANY APPROPRIATE LAW ENFORCEMENT AGENCY OF INFORMATION RELATING TO ANY
VIOLATION OR SUSPECTED VIOLATION OF THIS TITLE.
  12.  THE  DEPARTMENT  SHALL  VERIFY TO LAW ENFORCEMENT PERSONNEL IN AN
APPROPRIATE CASE WHETHER A REGISTRY IDENTIFICATION CARD IS VALID.
  13. IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WILLFULLY  VIOLATES
ANY  PROVISION OF THIS TITLE AS DETERMINED BY THE DEPARTMENT, HIS OR HER
REGISTRY IDENTIFICATION CARD MAY BE SUSPENDED OR REVOKED.   THIS  IS  IN
ADDITION TO ANY OTHER PENALTY THAT MAY APPLY.
  14. (A) REGISTRY IMPLEMENTATION DATE. AS USED IN THIS SUBDIVISION, THE
"REGISTRY IMPLEMENTATION DATE" IS THE DATE DETERMINED BY THE COMMISSION-
ER  WHEN  THE  DEPARTMENT  IS  READY TO RECEIVE AND EXPEDITIOUSLY ACT ON
APPLICATIONS FOR REGISTRY IDENTIFICATION CARDS UNDER THIS SECTION.
  (B) ON AND AFTER THE REGISTRY IMPLEMENTATION DATE, UPON RECEIPT OF  AN
APPLICATION  FOR  A  REGISTRY  IDENTIFICATION CARD, THE DEPARTMENT SHALL
SEND TO THE APPLICANT A LETTER ACKNOWLEDGING  SUCH  RECEIPT.  WHILE  THE
APPLICATION FOR A REGISTRY IDENTIFICATION CARD IS PENDING, A COPY OF THE
REGISTRY  APPLICATION, TOGETHER WITH A COPY OF THE CERTIFICATION (IN THE
CASE OF A CERTIFIED PATIENT) AND A COPY OF THE LETTER  OF  RECEIPT  FROM
THE  DEPARTMENT,  SHALL  SERVE AS AND HAVE THE SAME EFFECT AS A REGISTRY
IDENTIFICATION CARD FOR THE CERTIFIED PATIENT OR  DESIGNATED  CAREGIVER,
PROVIDED THAT A CERTIFICATION AND APPLICATION SHALL NOT SERVE AS A VALID
REGISTRY  IDENTIFICATION  CARD AFTER THE INITIAL THIRTY DAY PERIOD UNDER
SUBDIVISION SIX OF THIS SECTION.  THIS PARAGRAPH SHALL EXPIRE  AND  HAVE
NO EFFECT ONE YEAR AFTER THE REGISTRY IMPLEMENTATION DATE.
  15.  IF  THE DEPARTMENT FAILS TO BEGIN ISSUING REGISTRY IDENTIFICATION
CARDS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, A
PATIENT'S CERTIFICATION SHALL SERVE AS THE REGISTRY IDENTIFICATION  CARD
FOR BOTH THE PATIENT AND THE PATIENT'S DESIGNATED CAREGIVER.
  S  3364.  REGISTERED ORGANIZATIONS. 1. A REGISTERED ORGANIZATION SHALL
BE:
  (A) A FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER; OR
  (B) A FOR-PROFIT BUSINESS ENTITY OR NOT-FOR-PROFIT CORPORATION  ORGAN-
IZED  FOR  THE PURPOSE OF ACQUIRING, POSSESSING, MANUFACTURING, SELLING,
DELIVERING,  TRANSPORTING,  DISTRIBUTING  OR  DISPENSING  MARIHUANA  FOR
CERTIFIED MEDICAL USE.
  2.  THE ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIVERY, TRANSPORT-
ING, DISTRIBUTING OR DISPENSING OF MARIHUANA BY A  REGISTERED  ORGANIZA-
TION  UNDER THIS TITLE IN ACCORDANCE WITH ITS REGISTRATION UNDER SECTION
THIRTY-THREE HUNDRED SIXTY-FIVE OF THIS TITLE OR A RENEWAL THEREOF SHALL
BE LAWFUL UNDER THIS  TITLE.  A  REGISTERED  ORGANIZATION  MAY  TRANSFER
POSSESSION  OF  MARIHUANA  TO, AND MAY RECOVER POSSESSION OF IT FROM, AN
ENTITY LICENSED BY THE DEPARTMENT  UNDER  SECTION  THIRTY-THREE  HUNDRED
TWENTY-FOUR OF THIS TITLE FOR PURPOSES OF CHEMICAL ANALYSIS.
  3.  (A)  A  REGISTERED ORGANIZATION MAY LAWFULLY, IN GOOD FAITH, SELL,
DELIVER, DISTRIBUTE OR DISPENSE MEDICAL MARIHUANA TO A CERTIFIED PATIENT
OR DESIGNATED CAREGIVER UPON PRESENTATION TO THE REGISTERED ORGANIZATION
OF A VALID REGISTRY IDENTIFICATION CARD FOR THAT  CERTIFIED  PATIENT  OR
DESIGNATED  CAREGIVER.  WHEN  PRESENTED WITH THE REGISTRY IDENTIFICATION
CARD, THE REGISTERED ORGANIZATION SHALL PROVIDE TO THE CERTIFIED PATIENT
OR DESIGNATED CAREGIVER A RECEIPT, WHICH SHALL STATE: THE NAME, ADDRESS,
AND REGISTRY IDENTIFICATION NUMBER OF THE REGISTERED  ORGANIZATION;  THE
REGISTRY  IDENTIFICATION  NUMBER OF THE CERTIFIED PATIENT AND THE DESIG-
NATED CAREGIVER (IF ANY); THE DATE THE MARIHUANA WAS SOLD; AND THE QUAN-

S. 4406--A                          8

TITY OF MARIHUANA SOLD. THE REGISTERED ORGANIZATION SHALL RETAIN A  COPY
OF THE REGISTRY IDENTIFICATION CARD AND THE RECEIPT FOR SIX YEARS.
  (B)  THE REGISTERED ORGANIZATION SHALL REPORT TO THE DEPARTMENT, UNDER
SECTIONS THIRTY-THREE  HUNDRED  THIRTY-THREE  AND  THIRTY-THREE  HUNDRED
FORTY-THREE-A  OF  THIS ARTICLE, THE INFORMATION REQUIRED TO BE INCLUDED
IN THE RECEIPT UNDER THIS SUBDIVISION.
  4.  NO  REGISTERED  ORGANIZATION  MAY  SELL,  DELIVER,  DISTRIBUTE  OR
DISPENSE  TO ANY CERTIFIED PATIENT OR DESIGNATED CAREGIVER A QUANTITY OF
MEDICAL MARIHUANA LARGER  THAN  THAT  INDIVIDUAL  WOULD  BE  ALLOWED  TO
POSSESS UNDER THIS TITLE.
  5.  WHEN  A  REGISTERED  ORGANIZATION  SELLS, DELIVERS, DISTRIBUTES OR
DISPENSES MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR  DESIGNATED  CARE-
GIVER,  IT  SHALL PROVIDE TO THAT INDIVIDUAL A SAFETY INSERT, WHICH WILL
BE DEVELOPED AND APPROVED BY THE COMMISSIONER AND INCLUDE,  BUT  NOT  BE
LIMITED TO, INFORMATION ON:
  (A) METHODS FOR ADMINISTERING MEDICAL MARIHUANA,
  (B)  ANY POTENTIAL DANGERS STEMMING FROM THE USE OF MEDICAL MARIHUANA,
AND
  (C) HOW TO RECOGNIZE WHAT MAY BE PROBLEMATIC USAGE OF MEDICAL MARIHUA-
NA AND OBTAIN APPROPRIATE SERVICES OR TREATMENT  FOR PROBLEMATIC USAGE.
  6. MANUFACTURING OF MEDICAL MARIHUANA  BY  A  REGISTERED  ORGANIZATION
SHALL  ONLY  BE  DONE IN AN INDOOR, ENCLOSED, SECURE FACILITY, WHICH MAY
INCLUDE A GREENHOUSE.
  7. A REGISTERED ORGANIZATION SHALL DETERMINE THE QUALITY, SAFETY,  AND
CLINICAL  STRENGTH OF MEDICAL MARIHUANA MANUFACTURED OR DISPENSED BY THE
REGISTERED ORGANIZATION, AND SHALL PROVIDE DOCUMENTATION OF THAT  QUALI-
TY,  SAFETY AND CLINICAL STRENGTH TO THE DEPARTMENT AND TO ANY PERSON OR
ENTITY TO WHICH THE MEDICAL MARIHUANA IS SOLD OR DISPENSED.
  8. A REGISTERED ORGANIZATION SHALL BE DEEMED  TO  BE  A  "HEALTH  CARE
PROVIDER"  FOR  THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAP-
TER.
  9. MEDICAL MARIHUANA SHALL BE DISPENSED  TO  A  CERTIFIED  PATIENT  OR
DESIGNATED CAREGIVER IN A SEALED AND PROPERLY LABELED PACKAGE.
  S  3365.  REGISTERING  OF REGISTERED ORGANIZATIONS. 1. APPLICATION FOR
INITIAL REGISTRATION. (A) AN APPLICANT FOR REGISTRATION AS A  REGISTERED
ORGANIZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE
SHALL FURNISH TO THE DEPARTMENT A DESCRIPTION OF THE ACTIVITIES IN WHICH
IT  INTENDS  TO  ENGAGE AS A REGISTERED ORGANIZATION AND ANY INFORMATION
THE DEPARTMENT SHALL REASONABLY REQUIRE AND EVIDENCE THAT THE APPLICANT:
  (I) AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARACTER;
  (II) POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT LAND, BUILDINGS, AND
OTHER PREMISES (WHICH SHALL BE SPECIFIED IN THE APPLICATION) AND  EQUIP-
MENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICATION;
  (III)  IS  ABLE  TO MAINTAIN EFFECTIVE SECURITY AND CONTROL TO PREVENT
DIVERSION, ABUSE, AND OTHER ILLEGAL CONDUCT RELATING TO THE MARIHUANA;
  (IV) IS ABLE TO COMPLY WITH ALL APPLICABLE STATE LAWS AND  REGULATIONS
RELATING  TO  THE  ACTIVITIES  IN  WHICH  IT INTENDS TO ENGAGE UNDER THE
REGISTRATION; AND
  (V) HAS ENTERED INTO A LABOR PEACE AGREEMENT WITH  A  BONA-FIDE  LABOR
ORGANIZATION  THAT  IS ACTIVELY ENGAGED IN REPRESENTING OR ATTEMPTING TO
REPRESENT THE APPLICANT'S EMPLOYEES.  THE MAINTENANCE OF  SUCH  A  LABOR
PEACE AGREEMENT SHALL BE AN ONGOING MATERIAL CONDITION OF CERTIFICATION.
  (B) THE APPLICATION SHALL ESTABLISH THE APPLICANT'S STATUS UNDER PARA-
GRAPH  (A)  OR  (B)  OF  SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED
SIXTY-FOUR OF THIS TITLE.

S. 4406--A                          9

  (C) THE APPLICATION SHALL INCLUDE  THE  NAME,  RESIDENCE  ADDRESS  AND
TITLE  OF  EACH OF THE OFFICERS AND DIRECTORS AND THE NAME AND RESIDENCE
ADDRESS OF ANY PERSON OR ENTITY THAT IS A MEMBER OF THE APPLICANT.  EACH
SUCH PERSON, IF AN INDIVIDUAL, OR LAWFUL REPRESENTATIVE IF A LEGAL ENTI-
TY, SHALL SUBMIT AN AFFIDAVIT WITH THE APPLICATION SETTING FORTH:
  (I)  ANY  POSITION OF MANAGEMENT OR OWNERSHIP DURING THE PRECEDING TEN
YEARS OF A TEN PER CENTUM OR GREATER INTEREST  IN  ANY  OTHER  BUSINESS,
LOCATED IN OR OUTSIDE THIS STATE, MANUFACTURING OR DISTRIBUTING DRUGS;
  (II)  WHETHER SUCH PERSON OR ANY SUCH BUSINESS HAS BEEN CONVICTED OF A
FELONY OR HAD A REGISTRATION OR LICENSE  SUSPENDED  OR  REVOKED  IN  ANY
ADMINISTRATIVE OR JUDICIAL PROCEEDING; AND
  (III)  SUCH  OTHER  INFORMATION  AS  THE  COMMISSIONER  MAY REASONABLY
REQUIRE.
  (D) THE APPLICANT SHALL BE UNDER A CONTINUING DUTY TO  REPORT  TO  THE
DEPARTMENT  ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED IN THE APPLI-
CATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR  CIRCUMSTANCE  WHICH
IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
  2. GRANTING OF REGISTRATION. (A) THE COMMISSIONER SHALL GRANT A REGIS-
TRATION  OR  AMENDMENT TO A REGISTRATION UNDER THIS SECTION IF HE OR SHE
IS SATISFIED THAT:
  (I) THE APPLICANT WILL BE ABLE TO MAINTAIN EFFECTIVE  CONTROL  AGAINST
DIVERSION OF MARIHUANA;
  (II)  THE  APPLICANT  WILL BE ABLE TO COMPLY WITH ALL APPLICABLE STATE
LAWS;
  (III) THE APPLICANT AND ITS OFFICERS ARE READY, WILLING  AND  ABLE  TO
PROPERLY CARRY ON THE MANUFACTURING OR DISTRIBUTING ACTIVITY FOR WHICH A
REGISTRATION IS SOUGHT;
  (IV)  THE APPLICANT POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT LAND,
BUILDINGS AND EQUIPMENT TO PROPERLY CARRY ON THE ACTIVITY  DESCRIBED  IN
THE APPLICATION;
  (V) IT IS IN THE PUBLIC INTEREST THAT SUCH REGISTRATION BE GRANTED; IN
THE  CASE  OF AN APPLICANT UNDER SUBDIVISION ONE OF SECTION THIRTY-THREE
HUNDRED SIXTY-FOUR OF THIS TITLE, THE COMMISSIONER MAY CONSIDER  WHETHER
THE  NUMBER  OF  REGISTERED ORGANIZATIONS IN AN AREA WILL BE ADEQUATE OR
EXCESSIVE TO REASONABLY SERVE THE AREA;
  (VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
TER; AND
  (VII) THE APPLICANT HAS ENTERED INTO A LABOR PEACE  AGREEMENT  WITH  A
BONA-FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR
ATTEMPTING TO REPRESENT THE APPLICANT'S EMPLOYEES.
  (B)  IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT SHOULD BE
ISSUED A REGISTRATION, HE OR SHE SHALL NOTIFY THE APPLICANT  IN  WRITING
OF  THOSE FACTORS UPON WHICH FURTHER EVIDENCE IS REQUIRED. WITHIN THIRTY
DAYS OF THE RECEIPT OF SUCH NOTIFICATION, THE APPLICANT MAY SUBMIT ADDI-
TIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEARING, OR BOTH.
  (C) THE FEE FOR A REGISTRATION UNDER THIS SECTION SHALL BE  A  REASON-
ABLE  AMOUNT  DETERMINED  BY  THE  DEPARTMENT  IN REGULATIONS; PROVIDED,
HOWEVER, IF THE REGISTRATION IS ISSUED FOR A  PERIOD  GREATER  THAN  TWO
YEARS THE FEE SHALL BE INCREASED, PRO RATA, FOR EACH ADDITIONAL MONTH OF
VALIDITY.
  (D)  REGISTRATIONS  ISSUED  UNDER THIS SECTION SHALL BE EFFECTIVE ONLY
FOR AND SHALL SPECIFY:
  (I) THE NAME AND ADDRESS OF THE REGISTERED ORGANIZATION;
  (II) WHICH ACTIVITIES OF A REGISTERED ORGANIZATION  ARE  PERMITTED  BY
THE REGISTRATION;

S. 4406--A                         10

  (III)  THE  LAND,  BUILDINGS  AND  FACILITIES THAT MAY BE USED FOR THE
PERMITTED ACTIVITIES OF THE REGISTERED ORGANIZATION; AND
  (IV)  SUCH  OTHER MATTERS AS THE COMMISSIONER SHALL REASONABLY PROVIDE
TO ASSURE COMPLIANCE WITH THIS TITLE.
  (E) UPON APPLICATION OF A REGISTERED ORGANIZATION, A REGISTRATION  MAY
BE  AMENDED  TO ALLOW THE REGISTERED ORGANIZATION TO RELOCATE WITHIN THE
STATE OR TO ADD OR DELETE PERMITTED REGISTERED  ORGANIZATION  ACTIVITIES
OR  FACILITIES.  THE  FEE  FOR SUCH AMENDMENT SHALL BE TWO HUNDRED FIFTY
DOLLARS.
  3. A REGISTRATION ISSUED UNDER THIS SECTION SHALL  BE  VALID  FOR  TWO
YEARS  FROM  THE  DATE  OF ISSUE, EXCEPT THAT IN ORDER TO FACILITATE THE
RENEWALS OF SUCH REGISTRATIONS, THE COMMISSIONER MAY  UPON  THE  INITIAL
APPLICATION  FOR  A  REGISTRATION,  ISSUE  SOME  REGISTRATIONS WHICH MAY
REMAIN VALID FOR A PERIOD OF TIME GREATER THAN TWO YEARS BUT NOT EXCEED-
ING AN ADDITIONAL ELEVEN MONTHS.
  4. APPLICATIONS FOR RENEWAL OF REGISTRATIONS. (A) AN  APPLICATION  FOR
THE RENEWAL OF ANY REGISTRATION ISSUED UNDER THIS SECTION SHALL BE FILED
WITH  THE  DEPARTMENT NOT MORE THAN SIX MONTHS NOR LESS THAN FOUR MONTHS
PRIOR TO THE  EXPIRATION  THEREOF.  A  LATE-FILED  APPLICATION  FOR  THE
RENEWAL OF A REGISTRATION MAY, IN THE DISCRETION OF THE COMMISSIONER, BE
TREATED AS AN APPLICATION FOR AN INITIAL LICENSE.
  (B)  THE  APPLICATION  FOR  RENEWAL  SHALL  INCLUDE  SUCH  INFORMATION
PREPARED IN THE MANNER AND  DETAIL  AS  THE  COMMISSIONER  MAY  REQUIRE,
INCLUDING BUT NOT LIMITED TO:
  (I)  ANY  MATERIAL  CHANGE  IN  THE CIRCUMSTANCES OR FACTORS LISTED IN
SUBDIVISION ONE OF THIS SECTION; AND
  (II) EVERY KNOWN CHARGE OR INVESTIGATION, PENDING OR CONCLUDED  DURING
THE  PERIOD OF THE REGISTRATION, BY ANY GOVERNMENTAL AGENCY WITH RESPECT
TO:
  (A) EACH INCIDENT OR ALLEGED INCIDENT INVOLVING THE  THEFT,  LOSS,  OR
POSSIBLE  DIVERSION  OF  MARIHUANA  MANUFACTURED  OR  DISTRIBUTED BY THE
APPLICANT; AND
  (B) COMPLIANCE BY THE APPLICANT  WITH  THE  LAWS  OF  THE  STATE  WITH
RESPECT  TO  ANY SUBSTANCE LISTED IN SECTION THIRTY-THREE HUNDRED SIX OF
THIS ARTICLE.
  (C) AN APPLICANT FOR RENEWAL SHALL  BE  UNDER  A  CONTINUING  DUTY  TO
REPORT  TO THE DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED
IN THE APPLICATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR  CIRCUM-
STANCE WHICH IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
  (D)  IF  THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT IS ENTI-
TLED TO A RENEWAL OF THE REGISTRATION, HE OR SHE SHALL WITHIN FORTY-FIVE
DAYS AFTER THE FILING OF THE APPLICATION SERVE UPON THE APPLICANT OR HIS
OR HER ATTORNEY OF RECORD IN PERSON OR BY REGISTERED OR  CERTIFIED  MAIL
AN  ORDER  DIRECTING THE APPLICANT TO SHOW CAUSE WHY HIS OR HER APPLICA-
TION FOR RENEWAL SHOULD NOT BE DENIED. THE ORDER SHALL SPECIFY IN DETAIL
THE RESPECTS IN WHICH THE APPLICANT HAS NOT SATISFIED  THE  COMMISSIONER
THAT THE REGISTRATION SHOULD BE RENEWED.
  (E)  WITHIN  THIRTY  DAYS  OF SERVICE OF SUCH ORDER, THE APPLICANT MAY
SUBMIT ADDITIONAL MATERIAL TO THE COMMISSIONER OR DEMAND  A  HEARING  OR
BOTH.  IF  A  HEARING  IS DEMANDED THE COMMISSIONER SHALL FIX A DATE FOR
HEARING NOT SOONER THAN FIFTEEN DAYS NOR LATER THAN  THIRTY  DAYS  AFTER
RECEIPT  OF  THE  DEMAND,  UNLESS  SUCH TIME LIMITATION IS WAIVED BY THE
APPLICANT.
  5. GRANTING OF RENEWAL OF REGISTRATIONS. (A)  THE  COMMISSIONER  SHALL
RENEW  A  REGISTRATION  UNLESS  HE  OR SHE DETERMINES AND FINDS THAT THE
APPLICANT:

S. 4406--A                         11

  (I) IS UNLIKELY TO MAINTAIN OR BE ABLE TO MAINTAIN  EFFECTIVE  CONTROL
AGAINST DIVERSION; OR
  (II)  IS  UNLIKELY  TO  COMPLY  WITH  ALL STATE LAWS APPLICABLE TO THE
ACTIVITIES IN WHICH IT MAY ENGAGE UNDER THE REGISTRATION;
  (III) IS AN APPLICANT UNDER SUBDIVISION ONE  OF  SECTION  THIRTY-THREE
HUNDRED  SIXTY-FOUR  OF  THIS  TITLE, IN WHICH CASE THE COMMISSIONER MAY
CONSIDER WHETHER THE NUMBER OF REGISTERED ORGANIZATIONS IN  AN  AREA  IS
ADEQUATE OR EXCESSIVE TO REASONABLY SERVE THE AREA; OR
  (IV) HAS EITHER VIOLATED OR TERMINATED ITS LABOR PEACE AGREEMENT.
  (B)  FOR  PURPOSES  OF THIS SECTION, PROOF THAT A REGISTERED ORGANIZA-
TION, DURING THE PERIOD OF ITS  REGISTRATION,  HAS  FAILED  TO  MAINTAIN
EFFECTIVE  CONTROL  AGAINST  DIVERSION  OR  HAS KNOWINGLY OR NEGLIGENTLY
FAILED TO COMPLY WITH APPLICABLE STATE LAWS RELATING TO  THE  ACTIVITIES
IN WHICH IT ENGAGES UNDER THE REGISTRATION, SHALL CONSTITUTE SUBSTANTIAL
EVIDENCE  THAT  THE  APPLICANT  WILL  BE  UNLIKELY TO MAINTAIN EFFECTIVE
CONTROL AGAINST DIVERSION OR WILL BE UNLIKELY TO COMPLY WITH THE  APPLI-
CABLE STATE STATUTES DURING THE PERIOD OF PROPOSED RENEWAL.
  6.  THE  DEPARTMENT  MAY  SUSPEND  OR  TERMINATE THE REGISTRATION OF A
REGISTERED ORGANIZATION, ON GROUNDS  AND  USING  PROCEDURES  UNDER  THIS
ARTICLE RELATING TO A LICENSE, TO THE EXTENT CONSISTENT WITH THIS TITLE.
THE  DEPARTMENT SHALL SUSPEND OR TERMINATE THE REGISTRATION IN THE EVENT
THAT A REGISTERED ORGANIZATION VIOLATES  OR  TERMINATES  THE  APPLICABLE
LABOR  PEACE AGREEMENT. CONDUCT IN COMPLIANCE WITH THIS TITLE, BUT WHICH
MAY VIOLATE CONFLICTING FEDERAL LAW, SHALL NOT BE GROUNDS TO SUSPEND  OR
TERMINATE A REGISTRATION.
  7.  A  REGISTERED  ORGANIZATION  IS  ENTITLED  TO  ALL  OF THE RIGHTS,
PROTECTIONS, AND PROCEDURES PROVIDED TO A LICENSEE UNDER THIS ARTICLE.
  8. THE DEPARTMENT SHALL BEGIN  ISSUING  REGISTRATIONS  FOR  REGISTERED
ORGANIZATIONS  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
SECTION.
  9. THE COMMISSIONER SHALL DETERMINE THE APPROPRIATE NUMBER  OF  REGIS-
TERED  ORGANIZATIONS  AND  FACILITIES  TO  PROMOTE  REASONABLE ACCESS TO
MEDICAL MARIHUANA IN THE INTEREST OF CERTIFIED PATIENTS AND THE  PUBLIC.
DURING  THE  FIRST  TWO YEARS AFTER THIS TITLE TAKES EFFECT, THE COMMIS-
SIONER SHALL REGISTER NO MORE THAN  TEN  REGISTERED  ORGANIZATIONS  THAT
MANUFACTURE MEDICAL MARIHUANA.
  S  3366.  REPORTS  BY  REGISTERED  ORGANIZATIONS.  1. THE COMMISSIONER
SHALL, BY REGULATION,  REQUIRE  EACH  REGISTERED  ORGANIZATION  TO  FILE
REPORTS  BY THE REGISTERED ORGANIZATION DURING A PARTICULAR PERIOD.  THE
COMMISSIONER SHALL DETERMINE THE INFORMATION  TO  BE  REPORTED  AND  THE
FORMS, TIME, AND MANNER OF THE REPORTING.
  2.  THE  COMMISSIONER  SHALL,  BY  REGULATION, REQUIRE EACH REGISTERED
ORGANIZATION TO ADOPT AND MAINTAIN SECURITY, TRACKING,  RECORD  KEEPING,
RECORD RETENTION AND SURVEILLANCE SYSTEMS, RELATING TO ALL MEDICAL MARI-
HUANA AT EVERY STAGE OF ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIV-
ERY,  TRANSPORTING, DISTRIBUTING, OR DISPENSING BY THE REGISTERED ORGAN-
IZATION, SUBJECT TO REGULATIONS OF THE COMMISSIONER.
  S 3367. EVALUATION; RESEARCH PROGRAMS; REPORT BY  DEPARTMENT.  1.  THE
COMMISSIONER  MAY  PROVIDE FOR THE ANALYSIS AND EVALUATION OF THE OPERA-
TION OF THIS TITLE. THE COMMISSIONER MAY ENTER INTO AGREEMENTS WITH  ONE
OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS OR OTHER ORGANIZATIONS, FOR
THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTATION AND EFFECTIVENESS
OF THIS TITLE.
  2.  THE  DEPARTMENT  MAY  DEVELOP, SEEK ANY NECESSARY FEDERAL APPROVAL
FOR, AND CARRY OUT RESEARCH PROGRAMS RELATING TO MEDICAL USE OF MARIHUA-

S. 4406--A                         12

NA.  PARTICIPATION IN ANY SUCH RESEARCH PROGRAM SHALL  BE  VOLUNTARY  ON
THE PART OF PRACTITIONERS, PATIENTS, AND DESIGNATED CAREGIVERS.
  3.  THE  DEPARTMENT  SHALL REPORT EVERY TWO YEARS, BEGINNING TWO YEARS
AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA-
TURE ON THE MEDICAL USE OF MARIHUANA UNDER THIS TITLE AND MAKE APPROPRI-
ATE RECOMMENDATIONS.
  S 3368. RELATION TO OTHER LAWS. 1.  THE  PROVISIONS  OF  THIS  ARTICLE
SHALL  APPLY  TO THIS TITLE, EXCEPT THAT WHERE A PROVISION OF THIS TITLE
CONFLICTS WITH ANOTHER PROVISION  OF  THIS  ARTICLE,  THIS  TITLE  SHALL
APPLY.
  2.  NOTHING IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE OR PROHIBIT AN
INSURER OR HEALTH PLAN UNDER  THIS  CHAPTER  OR  THE  INSURANCE  LAW  TO
PROVIDE  COVERAGE  FOR MEDICAL MARIHUANA. NOTHING IN THIS TITLE SHALL BE
CONSTRUED TO REQUIRE COVERAGE FOR MEDICAL MARIHUANA UNDER ARTICLE  TWEN-
TY-FIVE OF THIS CHAPTER OR ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
  3.  A  PERSON  OR  ENTITY  SHALL  NOT  BE SUBJECT TO CRIMINAL OR CIVIL
LIABILITY OR PROFESSIONAL DISCIPLINE FOR ACTING REASONABLY AND  IN  GOOD
FAITH PURSUANT TO THIS TITLE.
  S  3369.  PROTECTIONS  FOR THE MEDICAL USE OF MARIHUANA. 1.  CERTIFIED
PATIENTS, DESIGNATED CAREGIVERS, PRACTITIONERS, REGISTERED ORGANIZATIONS
AND THE EMPLOYEES OF REGISTERED ORGANIZATIONS SHALL NOT  BE  SUBJECT  TO
ARREST,  PROSECUTION,  OR  PENALTY IN ANY MANNER, OR DENIED ANY RIGHT OR
PRIVILEGE, INCLUDING BUT NOT LIMITED TO CIVIL  PENALTY  OR  DISCIPLINARY
ACTION  BY A BUSINESS OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD OR
BUREAU, SOLELY FOR THE CERTIFIED MEDICAL USE OR MANUFACTURE OF  MARIHUA-
NA,  OR  FOR  ANY OTHER ACTION OR CONDUCT IN ACCORDANCE WITH THIS TITLE.
STATE OR LOCAL LAW ENFORCEMENT AGENCIES  SHALL  NOT  COOPERATE  WITH  OR
PROVIDE  ASSISTANCE TO THE GOVERNMENT OF THE UNITED STATES OR ANY AGENCY
THEREOF IN ENFORCING THE CONTROLLED SUBSTANCES ACT, 21 U.S.C. S 801  ET.
SEQ.,  SOLELY FOR ACTIONS AND CONDUCT CONSISTENT WITH THIS TITLE, EXCEPT
AS PURSUANT TO A VALID COURT ORDER.
  2. INCIDENTAL AMOUNT OF MARIHUANA. ANY  INCIDENTAL  AMOUNT  OF  SEEDS,
STALKS,  AND  UNUSABLE ROOTS SHALL NOT BE INCLUDED IN THE AMOUNTS SPECI-
FIED IN SUBDIVISION ONE OF SECTION  THIRTY-THREE  HUNDRED  SIXTY-TWO  OF
THIS TITLE.
  3.  SCHOOL,  EMPLOYER,  OR  LANDLORD  MAY  NOT DISCRIMINATE. A SCHOOL,
EMPLOYER, OR LANDLORD MAY NOT REFUSE TO ENROLL OR EMPLOY OR LEASE TO  OR
OTHERWISE  PENALIZE A PERSON SOLELY FOR THAT PERSON'S STATUS AS A CERTI-
FIED PATIENT OR DESIGNATED CAREGIVER UNLESS FAILING TO DO SO  WOULD  PUT
THE  SCHOOL,  EMPLOYER, OR LANDLORD IN VIOLATION OF FEDERAL LAW OR CAUSE
IT TO LOSE A FEDERAL CONTRACT OR FUNDING.
  4. PERSON MAY NOT BE DENIED MEDICAL CARE, INCLUDING ORGAN  TRANSPLANT.
FOR  THE  PURPOSES  OF  MEDICAL  CARE,  INCLUDING  ORGAN  TRANSPLANTS, A
PATIENT'S MEDICAL USE OF MARIHUANA SHALL NOT CONSTITUTE THE  USE  OF  AN
ILLICIT   SUBSTANCE   AND   MAY  ONLY  BE  CONSIDERED  WITH  RESPECT  TO
EVIDENCE-BASED CLINICAL CRITERIA.
  5. PERSON MAY NOT BE DENIED CUSTODY OR VISITATION OF MINOR.  A  PERSON
SHALL  NOT  BE  DENIED  CUSTODY  OR  VISITATION OF A MINOR FOR ACTING IN
ACCORDANCE WITH THIS TITLE UNLESS THE PERSON'S BEHAVIOR IS SUCH THAT  IT
CREATES  AN  UNREASONABLE DANGER TO THE MINOR THAT CAN BE CLEARLY ARTIC-
ULATED AND SUBSTANTIATED.
  6. EFFECT OF REGISTRY IDENTIFICATION CARD ISSUED BY ANOTHER  JURISDIC-
TION.  A REGISTRY IDENTIFICATION CARD, OR ITS EQUIVALENT, THAT IS ISSUED
UNDER THE LAWS OF ANOTHER STATE, DISTRICT, TERRITORY,  COMMONWEALTH,  OR
POSSESSION OF THE UNITED STATES THAT ALLOWS THE MEDICAL USE OF MARIHUANA
HAS  THE  SAME FORCE AND EFFECT AS A REGISTRY IDENTIFICATION CARD ISSUED

S. 4406--A                         13

BY THE DEPARTMENT, SO LONG AS THE  VISITING  PATIENT'S  CONDITION  IS  A
SERIOUS  CONDITION, AS ATTESTED TO IN WRITING BY A PRACTITIONER. WHERE A
REGISTERED ORGANIZATION DISPENSES MEDICAL MARIHUANA TO A  PATIENT  UNDER
THIS  SUBDIVISION,  A  COPY  OF THE ATTESTATION SHALL BE PROVIDED TO THE
REGISTERED ORGANIZATION.
  S 3369-A. REGULATIONS. 1. THE COMMISSIONER SHALL MAKE  REGULATIONS  TO
IMPLEMENT THIS TITLE.
  2.  ADVISORY  COMMITTEE. THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT
AN ADVISORY COMMITTEE ON MEDICAL USE OF MARIHUANA (THE "ADVISORY COMMIT-
TEE") TO ADVISE THE COMMISSIONER ON MAKING REGULATIONS UNDER THIS  TITLE
AND  ON  ANY MATTERS RELATING TO THE IMPLEMENTATION OF THIS TITLE AS THE
COMMISSIONER SHALL DETERMINE. THE MEMBERS OF THE ADVISORY COMMITTEE  AND
ANY  SUBCOMMITTEE  OF  THE  ADVISORY COMMITTEE ("SUBCOMMITTEE") SHALL BE
APPOINTED BY THE COMMISSIONER AND INCLUDE BUT NOT BE LIMITED TO:  HEALTH
CARE PRACTITIONERS, PATIENTS OR REPRESENTATIVES OF PATIENTS WITH SERIOUS
CONDITIONS,  EXPERTS  IN  THE  REGULATION  OF  CONTROLLED SUBSTANCES FOR
MEDICAL USE, MEDICAL MARIHUANA INDUSTRY PROFESSIONALS AND  LAW  ENFORCE-
MENT.  THE  COMMISSIONER  MAY  ALSO  FORM  SUBCOMMITTEES OF THE ADVISORY
COMMITTEE. THE COMMISSIONER SHALL FORM  A  SUBCOMMITTEE  TO  ADVISE  THE
COMMISSIONER  ON  CLINICAL  MATTERS  RELATING  TO MEDICAL MARIHUANA, THE
MEMBERS OF WHICH SHALL PREDOMINANTLY BE CLINICAL PROFESSIONALS IN APPRO-
PRIATE AREAS OF EXPERTISE AND  SHALL  ALSO  INCLUDE  REPRESENTATIVES  OF
PATIENTS  AND  THE GENERAL PUBLIC. MEMBERS OF A SUBCOMMITTEE NEED NOT BE
MEMBERS OF THE ADVISORY COMMITTEE. MEMBERS OF THE ADVISORY COMMITTEE  OR
A  SUBCOMMITTEE SHALL SERVE AT THE PLEASURE OF THE COMMISSIONER. MEMBERS
OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE MAY RECEIVE REIMBURSEMENT BY
THE DEPARTMENT FOR THEIR REASONABLE AND NECESSARY EXPENSES  INCURRED  AS
MEMBERS  OF  THE ADVISORY COMMITTEE OR A SUBCOMMITTEE. A PUBLIC EMPLOYEE
MAY BE A MEMBER OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE.
  S 3369-B. SEVERABILITY. IF ANY PROVISION OF THIS TITLE OR THE APPLICA-
TION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID,  SUCH  INVA-
LIDITY  SHALL  NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS TITLE
WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR  APPLICATION,
AND TO THIS END THE PROVISIONS OF THIS TITLE ARE SEVERABLE.
  S  3.  Section  3343-a of the public health law is amended by adding a
new subdivision 8-a to read as follows:
  8-A. MEDICAL MARIHUANA. AS USED  IN  ANY  PROVISION  OF  THIS  ARTICLE
RELATING  TO THE PRESCRIPTION MONITORING PROGRAM REGISTRY, THE FOLLOWING
TERMS SHALL INCLUDE THE FOLLOWING IN RELATION TO MEDICAL  MARIHUANA,  IN
ADDITION TO THE MEANING EACH TERM WOULD OTHERWISE HAVE:
  (A)  "PRESCRIPTION,"  "PRESCRIBE,"  AND "PRESCRIBER," INCLUDE, RESPEC-
TIVELY, A CERTIFICATION, THE ISSUING OF A CERTIFICATION, AND  A  PRACTI-
TIONER UNDER TITLE FIVE-A OF THIS ARTICLE.
  (B)  "PHARMACY"  INCLUDES A REGISTERED ORGANIZATION THAT IS AUTHORIZED
TO DISPENSE MEDICAL  MARIHUANA  UNDER  TITLE  FIVE-A  OF  THIS  ARTICLE;
PROVIDED  THAT A REGISTERED ORGANIZATION THAT IS NOT A FACILITY LICENSED
UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR A PHARMACY  UNDER  ARTICLE
ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW SHALL NOT BE AUTHORIZED TO
CONSULT  THE  REGISTRY  OR  ACCESS PATIENT-SPECIFIC INFORMATION FROM THE
REGISTRY, INCLUDING UNDER SUBDIVISION THREE OF THIS SECTION AND SUBDIVI-
SION TWO OF SECTION THIRTY-THREE HUNDRED SEVENTY-ONE  OF  THIS  ARTICLE,
BUT  SHALL  REPORT INFORMATION TO THE REGISTRY, INCLUDING UNDER SUBDIVI-
SION FOUR OF SECTION THIRTY-THREE HUNDRED THIRTY-THREE OF THIS ARTICLE.
  (C) "PATIENT-SPECIFIC INFORMATION," IN RELATION TO MEDICAL  MARIHUANA,
SHALL  NOT  INCLUDE INFORMATION NOT REQUIRED TO BE INCLUDED IN A CERTIF-
ICATION UNDER TITLE FIVE-A OF THIS ARTICLE.

S. 4406--A                         14

  (D) "CONTROLLED SUBSTANCE" INCLUDES MEDICAL MARIHUANA,  REGARDLESS  OF
WHETHER THE PROVISION IN WHICH THE TERM IS FOUND IS LIMITED TO SCHEDULES
OTHER  THAN SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THIS ARTI-
CLE.
  (E)  "MEDICAL MARIHUANA" MEANS MEDICAL MARIHUANA UNDER TITLE FIVE-A OF
THIS ARTICLE.
  S 4. The tax law is amended by adding a new article 20-B  to  read  as
follows:
                              ARTICLE 20-B
                        TAX ON MEDICAL MARIHUANA
SECTION 490. EXCISE TAX ON MEDICAL MARIHUANA.
  S  490.  EXCISE  TAX ON MEDICAL MARIHUANA. 1. ALL DEFINITIONS OF TERMS
APPLICABLE TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC  HEALTH
LAW SHALL APPLY TO THIS ARTICLE.
  2.  THERE  IS HEREBY LEVIED AND IMPOSED ON REGISTERED ORGANIZATIONS AN
EXCISE TAX ON ALL MEDICAL MARIHUANA SOLD TO ANOTHER REGISTERED ORGANIZA-
TION OR TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER. THE  EXCISE  TAX
SHALL BE AT THE FOLLOWING RATES:
  (A)  FOR  MEDICAL MARIHUANA MANUFACTURED BY A REGISTERED ORGANIZATION:
ONE HUNDRED TWENTY-FIVE DOLLARS  FOR  EACH  POUND  OR  PART  THEREOF  OF
MEDICAL MARIHUANA MANUFACTURED BY THE REGISTERED ORGANIZATION.
  (B)  FOR  MEDICAL MARIHUANA DISPENSED TO A CERTIFIED PATIENT OR DESIG-
NATED CAREGIVER: ONE HUNDRED TWENTY-FIVE DOLLARS FOR EACH POUND OR  PART
THEREOF  OF  MEDICAL  MARIHUANA  DISPENSED; PROVIDED THAT IF THE MEDICAL
MARIHUANA UNDER THIS PARAGRAPH WAS OBTAINED BY THE REGISTERED  ORGANIZA-
TION  FROM AN ENTITY THAT DID NOT PAY AN EXCISE TAX ATTRIBUTABLE TO THAT
MEDICAL MARIHUANA UNDER PARAGRAPH (A) OF THIS SUBDIVISION, THEN THE  TAX
UNDER THIS PARAGRAPH SHALL BE TWO HUNDRED FIFTY DOLLARS.
  3. TWENTY-FIVE PERCENT OF THE REVENUE RECEIVED BY THE DEPARTMENT SHALL
BE TRANSFERRED TO THE COUNTY IN WHICH THE MEDICAL MARIHUANA WAS MANUFAC-
TURED  (IN  THE CASE OF REVENUE RECEIVED UNDER PARAGRAPH (A) OF SUBDIVI-
SION TWO OF THIS SECTION) OR DISPENSED (IN THE CASE OF REVENUE  RECEIVED
UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION). FOR PURPOSES OF
THE  PREVIOUS  SENTENCE,  THE  CITY  OF NEW YORK SHALL BE DEEMED TO BE A
COUNTY. TWENTY-FIVE PERCENT OF THE REVENUE RECEIVED  BY  THE  DEPARTMENT
SHALL  BE TRANSFERRED TO THE CITY OR TOWN IN WHICH THE MEDICAL MARIHUANA
WAS MANUFACTURED (IN THE CASE OF REVENUE RECEIVED UNDER PARAGRAPH (A) OF
SUBDIVISION TWO OF THIS SECTION) OR DISPENSED (IN THE  CASE  OF  REVENUE
RECEIVED  UNDER  PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION). FIVE
PERCENT OF THE REVENUE RECEIVED BY THE DEPARTMENT SHALL  BE  TRANSFERRED
TO  THE  OFFICE  OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, WHICH SHALL
USE THAT REVENUE FOR ADDITIONAL DRUG ABUSE  PREVENTION,  COUNSELING  AND
TREATMENT SERVICES.
  4. THE COMMISSIONER SHALL MAKE REGULATIONS TO IMPLEMENT THIS ARTICLE.
  S  5.  Section  853 of the general business law is amended by adding a
new subdivision 3 to read as follows:
  3. THIS ARTICLE SHALL NOT APPLY TO ANY SALE, FURNISHING OR  POSSESSION
WHICH IS FOR A LAWFUL PURPOSE UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE
OF THE PUBLIC HEALTH LAW.
  S  6.  Section 221.00 of the penal law, as added by chapter 360 of the
laws of 1977, is amended to read as follows:
S 221.00 Marihuana; definitions.
  Unless the context in which they are used clearly otherwise  requires,
the terms occurring in this article shall have the same meaning ascribed
to  them in article two hundred twenty of this chapter.  ANY ACT THAT IS

S. 4406--A                         15

LAWFUL UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE  PUBLIC  HEALTH
LAW IS NOT A VIOLATION OF THIS ARTICLE.
  S  7. This act shall take effect immediately, provided that the amend-
ment to section 3343-a of the public health law made by section three of
this act shall take effect on the same date and in the  same  manner  as
section  2  of  part  A  of chapter 447 of the laws of 2012, as amended,
takes effect.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4406--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 26, 2013
                               ___________

Introduced   by   Sens.   SAVINO,   AVELLA,  BRESLIN,  CARLUCCI,  DILAN,
  HASSELL-THOMPSON, HOYLMAN, KLEIN, KRUEGER, MONTGOMERY, O'BRIEN,  PARK-
  ER,  PERKINS,  SAMPSON,  SQUADRON,  TKACZYK  -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Health
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee -- recommitted to the  Committee  on
  Health  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the 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:

  Section 1. Legislative findings and intent. The legislature finds that
thousands  of  New  Yorkers  have serious medical conditions that can be
improved by medically-approved use of  marihuana.  The  law  should  not
stand  between  them  and  treatment necessary for life and health. This
legislation follows the well-established public policy that a controlled
substance can have a legitimate medical use. Many controlled  substances
that are legal for medical use (such as morphine and steroids) are ille-
gal  for  any other use. The purposes of article 33 of the public health
law include allowing legitimate medical use of controlled substances  in
health  care,  including palliative care. This legislation establishes a
medical model of care which regulates medical marihuana as a recommended
medicine in keeping with recognized medical  public  health  and  safety
standards.  This  policy and this legislation do not in any way diminish
New York state's strong public policy and laws against illegal drug use,
nor should it be deemed in any manner to advocate,  authorize,  promote,
or  legally  or  socially  accept  the  use of marihuana for children or
adults, for any non-medical use.  This  legislation  is  an  appropriate
exercise  of  the state's legislative power to protect the health of its

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01604-09-4
              

S. 4406--B                          2

people under article 17 of the state constitution and the  tenth  amend-
ment  of  the  United  States constitution. Furthermore, the legislature
finds that New York state has a significant  and  ongoing  economic  and
non-regulatory interest in the financial viability of organizations that
sell marihuana for medical use. The legislature finds that the financial
viability  of such organizations would be greatly diminished and threat-
ened by labor-management conflict, such as a strike at a  facility  that
cultivates  marihuana, especially because of the need for enhanced secu-
rity concerning the products. Replacements  during  a  strike  would  be
difficult  to arrange and cause delay far more significant than a strike
elsewhere. Accordingly, the legislature  finds  that  the  state  has  a
substantial  and  compelling  proprietary  interest  in this matter, and
finds that labor peace is essential  for  any  organization  to  conduct
business relating to the sale of medical marihuana.
  It is the legislative intent that this act be implemented consistently
with  these  findings  and principles, through a reasonable and workable
system with appropriate oversight; strong "seed to sale"  regulation  to
prevent  diversion,  abuse, and other illegal conduct; reasonable access
to and appropriate use of medical marihuana by certified patients; eval-
uation; and continuing research.
  S 2. Article 33 of the public health law is amended by  adding  a  new
title 5-A to read as follows:
                                TITLE V-A
                        MEDICAL USE OF MARIHUANA
SECTION 3360.   DEFINITIONS.
        3361.   CERTIFICATION OF PATIENTS.
        3362.   LAWFUL MEDICAL USE.
        3363.   REGISTRY IDENTIFICATION CARDS.
        3364.   REGISTERED ORGANIZATIONS.
        3365.   REGISTERING OF REGISTERED ORGANIZATIONS.
        3366.   REPORTS BY REGISTERED ORGANIZATIONS.
        3367.   EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
        3368.   RELATION TO OTHER LAWS.
        3369.   PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA.
        3369-A. REGULATIONS.
        3369-B. SEVERABILITY.
  S  3360. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES  OTHER-
WISE:
  1.  "CERTIFIED  MEDICAL  USE"  MEANS THE ACQUISITION, POSSESSION, USE,
DELIVERY, TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF  MEDICAL  MARI-
HUANA  BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR USE AS PART OF
THE TREATMENT OF THE PATIENT'S SERIOUS CONDITION SPECIFIED IN A  CERTIF-
ICATION  UNDER  SECTION  THIRTY-THREE  HUNDRED  SIXTY-ONE OF THIS TITLE,
INCLUDING ENABLING THE PATIENT TO TOLERATE  TREATMENT  FOR  THE  SERIOUS
CONDITION.
  2.  "CARING FOR" MEANS TREATING OR COUNSELING A PATIENT, IN THE COURSE
OF WHICH THE  PRACTITIONER  HAS  COMPLETED  A  FULL  ASSESSMENT  OF  THE
PATIENT'S MEDICAL HISTORY AND CURRENT MEDICAL CONDITION.
  3.  "CERTIFIED PATIENT" MEANS A PATIENT WHO IS CERTIFIED UNDER SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
  4.  "CERTIFICATION"  MEANS  A  CERTIFICATION,   MADE   UNDER   SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
  5.  "DESIGNATED CAREGIVER" MEANS THE INDIVIDUAL DESIGNATED BY A CERTI-
FIED PATIENT IN A REGISTRY APPLICATION.

S. 4406--B                          3

  6. "PUBLIC PLACE" MEANS A PUBLIC PLACE AS DEFINED IN SECTION 240.00 OF
THE PENAL LAW, A MOTOR VEHICLE AS DEFINED IN SECTION ONE  HUNDRED  TWEN-
TY-FIVE  OF  THE  VEHICLE  AND  TRAFFIC  LAW,  AN AIRCRAFT AS DEFINED IN
SECTION TWO HUNDRED FORTY OF THE GENERAL BUSINESS LAW  OR  A  VESSEL  AS
DEFINED IN SECTION TWO OF THE NAVIGATION LAW.
  7. "SERIOUS CONDITION" MEANS A SEVERE DEBILITATING OR LIFE-THREATENING
CONDITION, INCLUDING, CANCER, POSITIVE STATUS FOR HUMAN IMMUNODEFICIENCY
VIRUS OR ACQUIRED IMMUNE DEFICIENCY SYNDROME, AMYOTROPHIC LATERAL SCLER-
OSIS,  ALZHEIMER'S  DISEASE,  MUSCULAR DYSTROPHY, TRAUMATIC BRAIN INJURY
AND POST-CONCUSSION SYNDROME, DYSTONIA, PSORIASIS, PARKINSON'S  DISEASE,
MULTIPLE SCLEROSIS, DAMAGE TO THE NERVOUS TISSUE OF THE SPINAL CORD WITH
OBJECTIVE  NEUROLOGICAL  INDICATION OF INTRACTABLE SPASTICITY, EPILEPSY,
CACHEXIA,  WASTING  SYNDROME,  CROHN'S  DISEASE,  POST-TRAUMATIC  STRESS
DISORDER,  NEUROPATHY,  RHEUMATOID  ARTHRITIS, LUPUS, AND DIABETES, OR A
CONDITION ASSOCIATED WITH OR A COMPLICATION OF SUCH A CONDITION  OR  ITS
TREATMENT,  OR ANY OTHER CONDITION THAT IS ADDED BY THE COMMISSIONER AND
THE  ADVISORY  COMMITTEE  PURSUANT  TO  SECTION   THIRTY-THREE   HUNDRED
SIXTY-NINE-A OF THIS TITLE.
  8. "MEDICAL MARIHUANA" MEANS MARIHUANA AS DEFINED IN SUBDIVISION TWEN-
TY-ONE  OF SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE INTENDED FOR
A CERTIFIED MEDICAL USE, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, FORMS
THAT ARE EXTRACTS, VAPORIZABLE MATERIAL, OR PRODUCTS THAT ARE INFUSED OR
COMBINED WITH MARIHUANA.
  9. "REGISTERED ORGANIZATION" MEANS  A  REGISTERED  ORGANIZATION  UNDER
SECTIONS   THIRTY-THREE  HUNDRED  SIXTY-FOUR  AND  THIRTY-THREE  HUNDRED
SIXTY-FIVE OF THIS TITLE.
  10. "REGISTRY APPLICATION" MEANS AN APPLICATION PROPERLY COMPLETED AND
FILED  WITH  THE  DEPARTMENT  BY  A  CERTIFIED  PATIENT  UNDER   SECTION
THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
  11.  "REGISTRY IDENTIFICATION CARD" MEANS A DOCUMENT THAT IDENTIFIES A
CERTIFIED PATIENT OR DESIGNATED CAREGIVER,  AS  PROVIDED  UNDER  SECTION
THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
  12.  "PRACTITIONER" MEANS A PRACTITIONER WHO IS A PHYSICIAN, PHYSICIAN
ASSISTANT, OR  NURSE  PRACTITIONER,  ACTING  WITHIN  THE  PRACTITIONER'S
LAWFUL SCOPE OF PRACTICE.
  13.  "TERMINALLY ILL" MEANS AN INDIVIDUAL HAS A MEDICAL PROGNOSIS THAT
THE INDIVIDUAL'S LIFE EXPECTANCY IS APPROXIMATELY ONE YEAR  OR  LESS  IF
THE ILLNESS RUNS ITS NORMAL COURSE.
  14. "LABOR PEACE AGREEMENT" MEANS AN AGREEMENT BETWEEN AN ENTITY AND A
LABOR  ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S PROPRIETARY
INTERESTS BY PROHIBITING LABOR ORGANIZATIONS AND MEMBERS  FROM  ENGAGING
IN PICKETING, WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFER-
ENCE WITH THE REGISTERED ORGANIZATION'S BUSINESS.
  S 3361. CERTIFICATION OF PATIENTS. 1. A PATIENT CERTIFICATION MAY ONLY
BE  ISSUED IF A PRACTITIONER WHO IS CARING FOR THE PATIENT FOR A SERIOUS
CONDITION CERTIFIES THAT: (A) THE PATIENT HAS A SERIOUS CONDITION, WHICH
SHALL BE SPECIFIED IN THE PATIENT'S HEALTH CARE RECORD; (B) THE  PATIENT
IS  UNDER  THE PRACTITIONER'S CARE FOR THE SERIOUS CONDITION; AND (C) IN
THE PRACTITIONER'S  PROFESSIONAL  OPINION,  THE  PATIENT  IS  LIKELY  TO
RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE PRIMARY OR ADJUNCTIVE
TREATMENT WITH MEDICAL USE OF MARIHUANA FOR THE SERIOUS CONDITION.
  2.  THE  CERTIFICATION  SHALL  BE IN WRITING AND INCLUDE (A) THE NAME,
DATE OF BIRTH AND ADDRESS OF THE  PATIENT;  (B)  A  STATEMENT  THAT  THE
PATIENT HAS A SERIOUS CONDITION; THE PATIENT IS UNDER THE PRACTITIONER'S
CARE  FOR  THE SERIOUS CONDITION AND, IN THE PRACTITIONER'S PROFESSIONAL
OPINION, THE PATIENT IS LIKELY  TO  RECEIVE  THERAPEUTIC  OR  PALLIATIVE

S. 4406--B                          4

BENEFIT  FROM  THE  PRIMARY  OR ADJUNCTIVE TREATMENT WITH MEDICAL USE OF
MARIHUANA FOR THE SERIOUS CONDITION, AND ANY SPECIFICATION OR LIMITATION
OF THE FORM OF MEDICAL MARIHUANA RECOMMENDED; (C) THE DATE; AND (D)  THE
NAME,  ADDRESS,  FEDERAL  REGISTRATION NUMBER, TELEPHONE NUMBER, AND THE
HANDWRITTEN SIGNATURE OF THE CERTIFYING PRACTITIONER.  THE  COMMISSIONER
MAY  REQUIRE  BY  REGULATION  THAT  THE CERTIFICATION SHALL BE ON A FORM
PROVIDED BY THE DEPARTMENT  IF  THE  COMMISSIONER  DETERMINES  THAT  THE
DEPARTMENT IS MAKING CERTIFICATION FORMS ADEQUATELY AVAILABLE. THE PRAC-
TITIONER  MAY  STATE  IN  THE  CERTIFICATION THAT, IN THE PRACTITIONER'S
PROFESSIONAL OPINION THE PATIENT WOULD BENEFIT  FROM  MEDICAL  MARIHUANA
ONLY  UNTIL  A SPECIFIED DATE. THE PRACTITIONER MAY STATE IN THE CERTIF-
ICATION THAT, IN THE PRACTITIONER'S PROFESSIONAL OPINION THE PATIENT  IS
TERMINALLY  ILL  AND  THAT  THE CERTIFICATION SHALL NOT EXPIRE UNTIL THE
PATIENT DIES.
  3. THE PRACTITIONER SHALL GIVE  THE  CERTIFICATION  TO  THE  CERTIFIED
PATIENT, AND PLACE A COPY IN THE PATIENT'S HEALTH CARE RECORD.
  4.  NO PRACTITIONER SHALL ISSUE A CERTIFICATION UNDER THIS SECTION FOR
HIMSELF OR HERSELF.
  5. A REGISTRY IDENTIFICATION  CARD  BASED  ON  A  CERTIFICATION  SHALL
EXPIRE  ONE YEAR AFTER THE DATE THE CERTIFICATION IS SIGNED BY THE PRAC-
TITIONER; EXCEPT THAT WHERE A CERTIFIED PATIENT HAS A REGISTRY IDENTIFI-
CATION CARD BASED ON A CURRENT VALID CERTIFICATION, A NEW REGISTRY IDEN-
TIFICATION CARD BASED ON A NEW CERTIFICATION SHALL EXPIRE ONE YEAR AFTER
THE EXPIRATION OF THE REGISTRY IDENTIFICATION CARD BASED ON THE  CURRENT
VALID CERTIFICATION. HOWEVER,
  (A) IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT, IN THE PRAC-
TITIONER'S  PROFESSIONAL OPINION, THE PATIENT WOULD BENEFIT FROM MEDICAL
MARIHUANA ONLY UNTIL A SPECIFIED EARLIER DATE, THEN THE  REGISTRY  IDEN-
TIFICATION CARD SHALL EXPIRE ON THAT DATE;
  (B)  IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT IN THE PRAC-
TITIONER'S PROFESSIONAL OPINION THE PATIENT IS TERMINALLY ILL  AND  THAT
THE  CERTIFICATION  SHALL  NOT  EXPIRE  UNTIL THE PATIENT DIES, THEN THE
REGISTRY IDENTIFICATION CARD SHALL STATE THAT THE PATIENT IS  TERMINALLY
ILL  AND  THAT  THE REGISTRATION CARD SHALL NOT EXPIRE UNTIL THE PATIENT
DIES;
  (C) IF THE PRACTITIONER RE-ISSUES THE CERTIFICATION TO  TERMINATE  THE
CERTIFICATION  ON AN EARLIER DATE, THEN THE REGISTRY IDENTIFICATION CARD
SHALL EXPIRE ON THAT DATE AND SHALL BE PROMPTLY RETURNED BY  THE  CERTI-
FIED PATIENT TO THE DEPARTMENT; AND
  (D)  IF THE CERTIFICATION SO PROVIDES, ANY SPECIFICATION OR LIMITATION
OF THE FORM OF MEDICAL MARIHUANA RECOMMENDED.
  S 3362. LAWFUL MEDICAL  USE.  1.  THE  POSSESSION,  ACQUISITION,  USE,
DELIVERY,  TRANSFER,  TRANSPORTATION, OR ADMINISTRATION OF MEDICAL MARI-
HUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER POSSESSING A  VALID
REGISTRY IDENTIFICATION CARD, FOR CERTIFIED MEDICAL USE, SHALL BE LAWFUL
UNDER THIS TITLE; PROVIDED THAT:
  (A)  THE  MARIHUANA  THAT MAY BE POSSESSED BY A CERTIFIED PATIENT DOES
NOT EXCEED A TOTAL WEIGHT OF TWO AND ONE-HALF OUNCES  OF  MARIHUANA  PER
THIRTY DAY PERIOD; AND
  (B) THE MARIHUANA THAT MAY BE POSSESSED BY A DESIGNATED CAREGIVER DOES
NOT  EXCEED THE QUANTITIES REFERRED TO IN PARAGRAPH (A) OF THIS SUBDIVI-
SION FOR EACH CERTIFIED PATIENT FOR WHOM THE CAREGIVER POSSESSES A VALID
REGISTRY IDENTIFICATION CARD, UP TO FIVE CERTIFIED PATIENTS; AND
  (C) THE FORM OF MARIHUANA THAT  MAY  BE  POSSESSED  BY  THE  CERTIFIED
PATIENT  OR DESIGNATED CAREGIVER PURSUANT TO A CERTIFICATION SHALL BE IN
COMPLIANCE WITH ANY SPECIFICATION OR LIMITATION IN THE CERTIFICATION.

S. 4406--B                          5

  2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION:
  (A) POSSESSION OF MARIHUANA SHALL NOT BE LAWFUL UNDER THIS TITLE IF IT
IS CONSUMED, GROWN OR DISPLAYED IN A PUBLIC PLACE;
  (B) MEDICAL MARIHUANA MAY NOT BE SMOKED IN ANY PLACE WHERE TOBACCO MAY
NOT BE SMOKED UNDER ARTICLE THIRTEEN-E OF THIS CHAPTER; AND
  (C)  MEDICAL  MARIHUANA  MAY  NOT BE SMOKED BY ANYONE UNDER THE AGE OF
TWENTY-ONE. THIS SHALL NOT INCLUDE THE  USE  OF  ANY  VAPORIZED  MEDICAL
MARIJUANA.
  3.  IT  SHALL BE LAWFUL UNDER THIS ARTICLE TO GIVE OR DISPOSE OF MARI-
HUANA, OBTAINED UNDER THIS TITLE, FOR  CERTIFIED  MEDICAL  USE,  BETWEEN
CERTIFIED  PATIENTS  AND  OTHER CERTIFIED PATIENTS, AND BETWEEN A DESIG-
NATED CAREGIVER AND THE DESIGNATED CAREGIVER'S CERTIFIED  PATIENT  WHERE
NOTHING  OF  VALUE IS TRANSFERRED IN RETURN, OR TO OFFER TO DO THE SAME.
THIS PROHIBITION ON TRANSFERRING OR OFFERING  TO  TRANSFER  A  THING  OF
VALUE SHALL NOT:
  (A) APPLY TO SALE OF MEDICAL MARIHUANA TO OR BY A REGISTERED ORGANIZA-
TION UNDER THIS ARTICLE; NOR
  (B)  PREVENT  A DESIGNATED CAREGIVER FROM BEING REIMBURSED FOR REASON-
ABLE COSTS OR ACTIVITIES RELATING TO CARING  FOR  A  CERTIFIED  PATIENT,
INCLUDING,  BUT  NOT  LIMITED  TO, REIMBURSEMENT FOR LEGITIMATE EXPENSES
RELATING TO THE PURCHASE OF MEDICAL MARIHUANA FROM A  REGISTERED  ORGAN-
IZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-SIX OF THIS TITLE.
  S  3363. REGISTRY IDENTIFICATION CARDS.  1. THE DEPARTMENT SHALL ISSUE
REGISTRY IDENTIFICATION CARDS  FOR  CERTIFIED  PATIENTS  AND  DESIGNATED
CAREGIVERS.  A  REGISTRY IDENTIFICATION CARD SHALL EXPIRE AS PROVIDED IN
SECTION THIRTY-THREE HUNDRED SIXTY-ONE OF THIS  TITLE  OR  AS  OTHERWISE
PROVIDED  IN  THIS  SECTION. THE DEPARTMENT SHALL BEGIN ISSUING REGISTRY
IDENTIFICATION CARDS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF
THIS SECTION.  THE DEPARTMENT MAY SPECIFY A FORM FOR A REGISTRY APPLICA-
TION,  IN  WHICH  CASE THE DEPARTMENT SHALL PROVIDE THE FORM ON REQUEST,
REPRODUCTIONS OF THE FORM MAY BE USED, AND THE FORM SHALL  BE  AVAILABLE
FOR DOWNLOADING FROM THE DEPARTMENT'S WEBSITE.
  2.  TO OBTAIN, AMEND OR RENEW A REGISTRY IDENTIFICATION CARD, A CERTI-
FIED PATIENT OR DESIGNATED CAREGIVER SHALL FILE A  REGISTRY  APPLICATION
WITH  THE  DEPARTMENT.  THE  REGISTRY APPLICATION OR RENEWAL APPLICATION
SHALL INCLUDE:
  (A) IN THE CASE OF A CERTIFIED PATIENT, THE ORIGINAL PATIENT'S CERTIF-
ICATION (A NEW WRITTEN CERTIFICATION SHALL BE PROVIDED  WITH  A  RENEWAL
APPLICATION);
  (B) IN THE CASE OF A CERTIFIED PATIENT,
  (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT;
  (II) THE DATE OF THE CERTIFICATION;
  (III)  IF  THE  PATIENT  HAS A REGISTRY IDENTIFICATION CARD BASED ON A
CURRENT VALID CERTIFICATION,  THE  REGISTRY  IDENTIFICATION  NUMBER  AND
EXPIRATION DATE OF THAT REGISTRY IDENTIFICATION CARD;
  (IV)  THE  SPECIFIED  DATE  UNTIL WHICH THE PATIENT WOULD BENEFIT FROM
MEDICAL MARIHUANA, IF THE CERTIFICATION STATES SUCH A DATE;
  (V) THE NAME, ADDRESS,  FEDERAL  REGISTRATION  NUMBER,  AND  TELEPHONE
NUMBER OF THE CERTIFYING PRACTITIONER; AND
  (VI)  OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
MENT;
  (C) IN THE CASE OF A CERTIFIED PATIENT, IF THE  PATIENT  DESIGNATES  A
DESIGNATED CAREGIVER, THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIG-
NATED  CAREGIVER,  AND OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED
BY THE DEPARTMENT; A CERTIFIED PATIENT MAY DESIGNATE UP  TO  TWO  DESIG-
NATED  CAREGIVERS;  EXCEPT  THAT  A CERTIFIED PATIENT MAY DESIGNATE MORE

S. 4406--B                          6

THAN TWO CAREGIVERS IF THE ADDITIONAL  CAREGIVERS  ARE  MEMBERS  OF  THE
CERTIFIED PATIENT'S IMMEDIATE FAMILY OR PHYSICAL HOUSEHOLD;
  (D) IN THE CASE OF A DESIGNATED CAREGIVER,
  (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIGNATED CAREGIVER;
  (II)  IF  THE DESIGNATED CAREGIVER HAS A REGISTRY IDENTIFICATION CARD,
THE REGISTRY IDENTIFICATION NUMBER AND EXPIRATION DATE OF THAT  REGISTRY
IDENTIFICATION CARD; AND
  (III) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
MENT;
  (E)  A  STATEMENT  THAT  A  FALSE STATEMENT MADE IN THE APPLICATION IS
PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW;
  (F) THE DATE OF THE APPLICATION AND THE  SIGNATURE  OF  THE  CERTIFIED
PATIENT OR DESIGNATED CAREGIVER, AS THE CASE MAY BE; AND
  (G)  A  REASONABLE  APPLICATION  FEE, AS DETERMINED BY THE DEPARTMENT;
PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE THE FEE  IN  CASES  OF
FINANCIAL HARDSHIP.
  3. WHERE A CERTIFIED PATIENT IS UNDER THE AGE OF EIGHTEEN:
  (A)  THE  APPLICATION FOR A REGISTRY IDENTIFICATION CARD SHALL BE MADE
BY AN APPROPRIATE PERSON OVER TWENTY-ONE YEARS OF AGE.  THE  APPLICATION
SHALL STATE FACTS DEMONSTRATING THAT THE PERSON IS APPROPRIATE.
  (B)  THE  DESIGNATED CAREGIVER SHALL BE (I) A PARENT OR LEGAL GUARDIAN
OF THE CERTIFIED PATIENT, (II) A PERSON DESIGNATED BY A PARENT OR  LEGAL
GUARDIAN, OR (III) AN APPROPRIATE PERSON APPROVED BY THE DEPARTMENT UPON
A  SUFFICIENT SHOWING THAT NO PARENT OR LEGAL GUARDIAN IS APPROPRIATE OR
AVAILABLE.
  4. NO PERSON MAY BE A DESIGNATED CAREGIVER  IF  THE  PERSON  IS  UNDER
TWENTY-ONE  YEARS  OF  AGE  UNLESS  A  SUFFICIENT SHOWING IS MADE TO THE
DEPARTMENT THAT THE PERSON SHOULD BE PERMITTED TO SERVE AS A  DESIGNATED
CAREGIVER.
  5.   NO PERSON MAY BE A DESIGNATED CAREGIVER FOR MORE THAN FIVE CERTI-
FIED PATIENTS AT ONE TIME.
  6. THE DEPARTMENT SHALL ISSUE SEPARATE REGISTRY  IDENTIFICATION  CARDS
FOR  CERTIFIED  PATIENTS AND DESIGNATED CAREGIVERS WITHIN THIRTY DAYS OF
RECEIVING A COMPLETE APPLICATION UNDER THIS SECTION,  UNLESS  IT  DETER-
MINES  THAT  THE  APPLICATION  IS  INCOMPLETE OR FACIALLY INACCURATE, IN
WHICH CASE IT SHALL PROMPTLY NOTIFY THE APPLICANT.
  7. IF THE APPLICATION OF A CERTIFIED PATIENT DESIGNATES AN  INDIVIDUAL
AS A DESIGNATED CAREGIVER WHO IS NOT AUTHORIZED TO BE A DESIGNATED CARE-
GIVER, THAT PORTION OF THE APPLICATION SHALL BE DENIED BY THE DEPARTMENT
BUT  THAT  SHALL  NOT AFFECT THE APPROVAL OF THE BALANCE OF THE APPLICA-
TION.
  8. A REGISTRY IDENTIFICATION CARD SHALL:
  (A) CONTAIN THE NAME OF THE CERTIFIED PATIENT OR THE DESIGNATED  CARE-
GIVER AS THE CASE MAY BE;
  (B)  CONTAIN  THE DATE OF ISSUANCE AND EXPIRATION DATE OF THE REGISTRY
IDENTIFICATION CARD;
  (C) CONTAIN A REGISTRY IDENTIFICATION NUMBER FOR THE CERTIFIED PATIENT
OR DESIGNATED CAREGIVER, AS THE CASE MAY BE AND A  REGISTRY  IDENTIFICA-
TION NUMBER;
  (D)  CONTAIN A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE REGISTRY IDEN-
TIFICATION CARD IS BEING ISSUED, WHICH SHALL BE OBTAINED BY THE  DEPART-
MENT IN A MANNER SPECIFIED BY THE COMMISSIONER IN REGULATIONS; PROVIDED,
HOWEVER,  THAT  IF  THE DEPARTMENT REQUIRES CERTIFIED PATIENTS TO SUBMIT
PHOTOGRAPHS FOR THIS PURPOSE, THERE SHALL BE A REASONABLE  ACCOMMODATION
OF  CERTIFIED  PATIENTS  WHO  ARE  CONFINED  TO THEIR HOMES DUE TO THEIR

S. 4406--B                          7

MEDICAL CONDITIONS AND MAY THEREFORE HAVE  DIFFICULTY  PROCURING  PHOTO-
GRAPHS;
  (E) BE A SECURE DOCUMENT; AND
  (F) PLAINLY STATE, IF THE CERTIFICATION SO PROVIDES, ANY SPECIFICATION
OR LIMITATION OF THE FORM OF MEDICAL MARIHUANA THAT IS RECOMMENDED.
  9.  A  CERTIFIED PATIENT OR DESIGNATED CAREGIVER WHO HAS BEEN ISSUED A
REGISTRY IDENTIFICATION CARD SHALL NOTIFY THE DEPARTMENT OF  ANY  CHANGE
IN  HIS OR HER NAME OR ADDRESS OR, WITH RESPECT TO THE PATIENT, OR IF HE
OR SHE CEASES TO HAVE THE SERIOUS CONDITION NOTED ON  THE  CERTIFICATION
WITHIN TEN DAYS OF SUCH CHANGE.
  10.  IF  A  CERTIFIED PATIENT OR DESIGNATED CAREGIVER LOSES HIS OR HER
REGISTRY IDENTIFICATION CARD, HE OR SHE SHALL NOTIFY THE DEPARTMENT  AND
SUBMIT  A  TEN DOLLAR FEE WITHIN TEN DAYS OF LOSING THE CARD TO MAINTAIN
THE REGISTRATION.  THE DEPARTMENT MAY ESTABLISH HIGHER FEES FOR  ISSUING
A  NEW  REGISTRY  IDENTIFICATION CARD FOR SECOND AND SUBSEQUENT REPLACE-
MENTS FOR A LOST CARD, PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE
THE FEE IN CASES OF FINANCIAL HARDSHIP.   WITHIN FIVE  DAYS  AFTER  SUCH
NOTIFICATION  AND  PAYMENT,  THE  DEPARTMENT  SHALL ISSUE A NEW REGISTRY
IDENTIFICATION CARD, WHICH MAY CONTAIN  A  NEW  REGISTRY  IDENTIFICATION
NUMBER,  TO  THE  CERTIFIED PATIENT OR DESIGNATED CAREGIVER, AS THE CASE
MAY BE.
  11. THE DEPARTMENT SHALL MAINTAIN A CONFIDENTIAL LIST OF  THE  PERSONS
TO WHOM IT HAS ISSUED REGISTRY IDENTIFICATION CARDS.  INDIVIDUAL IDENTI-
FYING  INFORMATION  OBTAINED BY THE DEPARTMENT UNDER THIS TITLE SHALL BE
CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER ARTICLE SIX OF THE  PUBLIC
OFFICERS LAW. NOTWITHSTANDING THIS SUBDIVISION, THE DEPARTMENT MAY NOTI-
FY ANY APPROPRIATE LAW ENFORCEMENT AGENCY OF INFORMATION RELATING TO ANY
VIOLATION OR SUSPECTED VIOLATION OF THIS TITLE.
  12.  THE  DEPARTMENT  SHALL  VERIFY TO LAW ENFORCEMENT PERSONNEL IN AN
APPROPRIATE CASE WHETHER A REGISTRY IDENTIFICATION CARD IS VALID.
  13. IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WILLFULLY  VIOLATES
ANY  PROVISION OF THIS TITLE AS DETERMINED BY THE DEPARTMENT, HIS OR HER
REGISTRY IDENTIFICATION CARD MAY BE SUSPENDED OR REVOKED.   THIS  IS  IN
ADDITION TO ANY OTHER PENALTY THAT MAY APPLY.
  14. (A) REGISTRY IMPLEMENTATION DATE. AS USED IN THIS SUBDIVISION, THE
"REGISTRY IMPLEMENTATION DATE" IS THE DATE DETERMINED BY THE COMMISSION-
ER  WHEN  THE  DEPARTMENT  IS  READY TO RECEIVE AND EXPEDITIOUSLY ACT ON
APPLICATIONS FOR REGISTRY IDENTIFICATION CARDS UNDER THIS SECTION.
  (B) ON AND AFTER THE REGISTRY IMPLEMENTATION DATE, UPON RECEIPT OF  AN
APPLICATION  FOR  A  REGISTRY  IDENTIFICATION CARD, THE DEPARTMENT SHALL
SEND TO THE APPLICANT A LETTER ACKNOWLEDGING  SUCH  RECEIPT.  WHILE  THE
APPLICATION FOR A REGISTRY IDENTIFICATION CARD IS PENDING, A COPY OF THE
REGISTRY  APPLICATION, TOGETHER WITH A COPY OF THE CERTIFICATION (IN THE
CASE OF A CERTIFIED PATIENT) AND A COPY OF THE LETTER  OF  RECEIPT  FROM
THE  DEPARTMENT,  SHALL  SERVE AS AND HAVE THE SAME EFFECT AS A REGISTRY
IDENTIFICATION CARD FOR THE CERTIFIED PATIENT OR  DESIGNATED  CAREGIVER,
PROVIDED THAT A CERTIFICATION AND APPLICATION SHALL NOT SERVE AS A VALID
REGISTRY  IDENTIFICATION  CARD AFTER THE INITIAL THIRTY DAY PERIOD UNDER
SUBDIVISION SIX OF THIS SECTION.  THIS PARAGRAPH SHALL EXPIRE  AND  HAVE
NO EFFECT ONE YEAR AFTER THE REGISTRY IMPLEMENTATION DATE.
  15.  IF  THE DEPARTMENT FAILS TO BEGIN ISSUING REGISTRY IDENTIFICATION
CARDS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, A
PATIENT'S CERTIFICATION SHALL SERVE AS THE REGISTRY IDENTIFICATION  CARD
FOR BOTH THE PATIENT AND THE PATIENT'S DESIGNATED CAREGIVER.
  S  3364.  REGISTERED ORGANIZATIONS. 1. A REGISTERED ORGANIZATION SHALL
BE:

S. 4406--B                          8

  (A) A FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER; OR
  (B)  A FOR-PROFIT BUSINESS ENTITY OR NOT-FOR-PROFIT CORPORATION ORGAN-
IZED FOR THE PURPOSE OF ACQUIRING, POSSESSING,  MANUFACTURING,  SELLING,
DELIVERING,  TRANSPORTING,  DISTRIBUTING  OR  DISPENSING  MARIHUANA  FOR
CERTIFIED MEDICAL USE.
  2. THE ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIVERY,  TRANSPORT-
ING,  DISTRIBUTING  OR DISPENSING OF MARIHUANA BY A REGISTERED ORGANIZA-
TION UNDER THIS TITLE IN ACCORDANCE WITH ITS REGISTRATION UNDER  SECTION
THIRTY-THREE HUNDRED SIXTY-FIVE OF THIS TITLE OR A RENEWAL THEREOF SHALL
BE  LAWFUL  UNDER  THIS  TITLE.  A  REGISTERED ORGANIZATION MAY TRANSFER
POSSESSION OF MARIHUANA TO, AND MAY RECOVER POSSESSION OF  IT  FROM,  AN
ENTITY  LICENSED  BY  THE  DEPARTMENT UNDER SECTION THIRTY-THREE HUNDRED
TWENTY-FOUR OF THIS TITLE FOR PURPOSES OF CHEMICAL ANALYSIS.
  3. (A) A REGISTERED ORGANIZATION MAY LAWFULLY, IN  GOOD  FAITH,  SELL,
DELIVER, DISTRIBUTE OR DISPENSE MEDICAL MARIHUANA TO A CERTIFIED PATIENT
OR DESIGNATED CAREGIVER UPON PRESENTATION TO THE REGISTERED ORGANIZATION
OF  A  VALID  REGISTRY IDENTIFICATION CARD FOR THAT CERTIFIED PATIENT OR
DESIGNATED CAREGIVER. WHEN PRESENTED WITH  THE  REGISTRY  IDENTIFICATION
CARD, THE REGISTERED ORGANIZATION SHALL PROVIDE TO THE CERTIFIED PATIENT
OR DESIGNATED CAREGIVER A RECEIPT, WHICH SHALL STATE: THE NAME, ADDRESS,
AND  REGISTRY  IDENTIFICATION NUMBER OF THE REGISTERED ORGANIZATION; THE
REGISTRY IDENTIFICATION NUMBER OF THE CERTIFIED PATIENT AND  THE  DESIG-
NATED CAREGIVER (IF ANY); THE DATE THE MARIHUANA WAS SOLD; AND THE QUAN-
TITY  OF MARIHUANA SOLD. THE REGISTERED ORGANIZATION SHALL RETAIN A COPY
OF THE REGISTRY IDENTIFICATION CARD AND THE RECEIPT FOR SIX YEARS.
  (B) THE REGISTERED ORGANIZATION SHALL REPORT TO THE DEPARTMENT,  UNDER
SECTIONS  THIRTY-THREE  HUNDRED  THIRTY-THREE  AND  THIRTY-THREE HUNDRED
FORTY-THREE-A OF THIS ARTICLE, THE INFORMATION REQUIRED TO  BE  INCLUDED
IN THE RECEIPT UNDER THIS SUBDIVISION.
  4.  (A)  NO  REGISTERED  ORGANIZATION MAY SELL, DELIVER, DISTRIBUTE OR
DISPENSE TO ANY CERTIFIED PATIENT OR DESIGNATED CAREGIVER A QUANTITY  OF
MEDICAL  MARIHUANA  LARGER  THAN  THAT  INDIVIDUAL  WOULD  BE ALLOWED TO
POSSESS UNDER THIS TITLE.
  (B) WHEN DISPENSING MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR DESIG-
NATED CAREGIVER, THE REGISTERED ORGANIZATION (I) SHALL NOT  DISPENSE  AN
AMOUNT  SUCH  THAT  THE  CERTIFIED PATIENT WILL HAVE BEEN DISPENSED MORE
THAN TWO AND A HALF OUNCES OF MEDICAL MARIHUANA IN THE  PREVIOUS  THIRTY
DAYS, COUNTING THE AMOUNT BEING DISPENSED, FROM ALL REGISTERED ORGANIZA-
TIONS,   AND   (II)   SHALL  VERIFY  THE  FOREGOING  BY  CONSULTING  THE
PRESCRIPTION MONITORING  PROGRAM  REGISTRY  UNDER  SECTION  THIRTY-THREE
HUNDRED FORTY-THREE-A OF THIS ARTICLE.
  5.  WHEN  A  REGISTERED  ORGANIZATION  SELLS, DELIVERS, DISTRIBUTES OR
DISPENSES MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR  DESIGNATED  CARE-
GIVER,  IT  SHALL PROVIDE TO THAT INDIVIDUAL A SAFETY INSERT, WHICH WILL
BE DEVELOPED AND APPROVED BY THE COMMISSIONER AND INCLUDE,  BUT  NOT  BE
LIMITED TO, INFORMATION ON:
  (A) METHODS FOR ADMINISTERING MEDICAL MARIHUANA,
  (B)  ANY POTENTIAL DANGERS STEMMING FROM THE USE OF MEDICAL MARIHUANA,
AND
  (C) HOW TO RECOGNIZE WHAT MAY BE PROBLEMATIC USAGE OF MEDICAL MARIHUA-
NA AND OBTAIN APPROPRIATE SERVICES OR TREATMENT  FOR PROBLEMATIC USAGE.
  6. REGISTERED ORGANIZATIONS SHALL  NOT  EMPLOY  ANYONE  WHO  HAS  BEEN
CONVICTED  OF  ANY FELONY OF OR RELATING TO POSSESSION OF DRUGS, NARCOT-
ICS, OR CONTROLLED SUBSTANCES.

S. 4406--B                          9

  7. MANUFACTURING OF MEDICAL MARIHUANA  BY  A  REGISTERED  ORGANIZATION
SHALL  ONLY  BE  DONE IN AN INDOOR, ENCLOSED, SECURE FACILITY, WHICH MAY
INCLUDE A GREENHOUSE.
  8.  A REGISTERED ORGANIZATION SHALL DETERMINE THE QUALITY, SAFETY, AND
CLINICAL STRENGTH OF MEDICAL MARIHUANA MANUFACTURED OR DISPENSED BY  THE
REGISTERED  ORGANIZATION, AND SHALL PROVIDE DOCUMENTATION OF THAT QUALI-
TY, SAFETY AND CLINICAL STRENGTH TO THE DEPARTMENT AND TO ANY PERSON  OR
ENTITY TO WHICH THE MEDICAL MARIHUANA IS SOLD OR DISPENSED.
  9.  A  REGISTERED  ORGANIZATION  SHALL  BE DEEMED TO BE A "HEALTH CARE
PROVIDER" FOR THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF  THIS  CHAP-
TER.
  10.  MEDICAL  MARIHUANA  SHALL  BE DISPENSED TO A CERTIFIED PATIENT OR
DESIGNATED CAREGIVER IN A SEALED AND  PROPERLY  LABELED  PACKAGE.    THE
LABELING  SHALL CONTAIN: (A) THE PACKAGING DATE; (B) ANY APPLICABLE DATE
BY WHICH THE MEDICAL MARIHUANA SHOULD BE USED; AND (C) A  WARNING  STAT-
ING,  "THIS  PRODUCT IS FOR MEDICINAL USE ONLY. WOMEN SHOULD NOT CONSUME
DURING PREGNANCY OR WHILE BREASTFEEDING EXCEPT  ON  THE  ADVICE  OF  THE
CERTIFYING  HEALTH  CARE  PRACTITIONER, AND IN THE CASE OF BREASTFEEDING
MOTHERS, INCLUDING THE INFANT'S PEDIATRICIAN. THIS PRODUCT MIGHT  IMPAIR
THE ABILITY TO DRIVE.  KEEP OUT OF REACH OF CHILDREN."
  S  3365.  REGISTERING  OF REGISTERED ORGANIZATIONS. 1. APPLICATION FOR
INITIAL REGISTRATION. (A) AN APPLICANT FOR REGISTRATION AS A  REGISTERED
ORGANIZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE
SHALL FURNISH TO THE DEPARTMENT A DESCRIPTION OF THE ACTIVITIES IN WHICH
IT  INTENDS  TO  ENGAGE AS A REGISTERED ORGANIZATION AND ANY INFORMATION
THE DEPARTMENT SHALL REASONABLY REQUIRE AND EVIDENCE THAT THE APPLICANT:
  (I) AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARACTER;
  (II) POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT LAND, BUILDINGS, AND
OTHER PREMISES (WHICH SHALL BE SPECIFIED IN THE APPLICATION) AND  EQUIP-
MENT  TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICATION, OR
IN THE ALTERNATIVE POSTS A BOND OF NOT LESS THAN TWO MILLION DOLLARS;
  (III) IS ABLE TO MAINTAIN EFFECTIVE SECURITY AND  CONTROL  TO  PREVENT
DIVERSION, ABUSE, AND OTHER ILLEGAL CONDUCT RELATING TO THE MARIHUANA;
  (IV)  IS ABLE TO COMPLY WITH ALL APPLICABLE STATE LAWS AND REGULATIONS
RELATING TO THE ACTIVITIES IN WHICH  IT  INTENDS  TO  ENGAGE  UNDER  THE
REGISTRATION; AND
  (V)  HAS  ENTERED  INTO A LABOR PEACE AGREEMENT WITH A BONA-FIDE LABOR
ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR  ATTEMPTING  TO
REPRESENT  THE  APPLICANT'S EMPLOYEES.   THE MAINTENANCE OF SUCH A LABOR
PEACE AGREEMENT SHALL BE AN ONGOING MATERIAL CONDITION OF CERTIFICATION.
  (B) THE APPLICATION SHALL ESTABLISH THE APPLICANT'S STATUS UNDER PARA-
GRAPH (A) OR (B) OF SUBDIVISION  ONE  OF  SECTION  THIRTY-THREE  HUNDRED
SIXTY-FOUR OF THIS TITLE.
  (C)  THE  APPLICATION  SHALL  INCLUDE  THE NAME, RESIDENCE ADDRESS AND
TITLE OF EACH OF THE OFFICERS AND DIRECTORS AND THE NAME  AND  RESIDENCE
ADDRESS  OF ANY PERSON OR ENTITY THAT IS A MEMBER OF THE APPLICANT. EACH
SUCH PERSON, IF AN INDIVIDUAL, OR LAWFUL REPRESENTATIVE IF A LEGAL ENTI-
TY, SHALL SUBMIT AN AFFIDAVIT WITH THE APPLICATION SETTING FORTH:
  (I) ANY POSITION OF MANAGEMENT OR OWNERSHIP DURING THE  PRECEDING  TEN
YEARS  OF  A  TEN  PER CENTUM OR GREATER INTEREST IN ANY OTHER BUSINESS,
LOCATED IN OR OUTSIDE THIS STATE, MANUFACTURING OR DISTRIBUTING DRUGS;
  (II) WHETHER SUCH PERSON OR ANY SUCH BUSINESS HAS BEEN CONVICTED OF  A
FELONY  OR  HAD  A  REGISTRATION  OR LICENSE SUSPENDED OR REVOKED IN ANY
ADMINISTRATIVE OR JUDICIAL PROCEEDING; AND
  (III) SUCH  OTHER  INFORMATION  AS  THE  COMMISSIONER  MAY  REASONABLY
REQUIRE.

S. 4406--B                         10

  (D)  THE  APPLICANT  SHALL BE UNDER A CONTINUING DUTY TO REPORT TO THE
DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED IN THE  APPLI-
CATION  OR  ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUMSTANCE WHICH
IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
  (E)  IN  REVIEWING  APPLICATIONS, THE DEPARTMENT SHALL GIVE ADDITIONAL
CONSIDERATION TO APPLICANTS THAT UTILIZE A VERTICAL  INTEGRATION  MODEL.
FOR PURPOSES OF THIS TITLE, A VERTICAL INTEGRATION MODEL SHALL BE ONE IN
WHICH  A  REGISTERED ORGANIZATION POSSESSES LICENSES FOR BOTH PRODUCTION
AND DISPENSING.
  2. GRANTING OF REGISTRATION. (A) THE COMMISSIONER SHALL GRANT A REGIS-
TRATION OR AMENDMENT TO A REGISTRATION UNDER THIS SECTION IF HE  OR  SHE
IS SATISFIED THAT:
  (I)  THE  APPLICANT WILL BE ABLE TO MAINTAIN EFFECTIVE CONTROL AGAINST
DIVERSION OF MARIHUANA;
  (II) THE APPLICANT WILL BE ABLE TO COMPLY WITH  ALL  APPLICABLE  STATE
LAWS;
  (III)  THE  APPLICANT  AND ITS OFFICERS ARE READY, WILLING AND ABLE TO
PROPERLY CARRY ON THE MANUFACTURING OR DISTRIBUTING ACTIVITY FOR WHICH A
REGISTRATION IS SOUGHT;
  (IV) THE APPLICANT POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT  LAND,
BUILDINGS  AND  EQUIPMENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN
THE APPLICATION;
  (V) IT IS IN THE PUBLIC INTEREST THAT SUCH REGISTRATION BE GRANTED; IN
THE CASE OF AN APPLICANT UNDER SUBDIVISION ONE OF  SECTION  THIRTY-THREE
HUNDRED  SIXTY-FOUR OF THIS TITLE, THE COMMISSIONER MAY CONSIDER WHETHER
THE NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA WILL  BE  ADEQUATE  OR
EXCESSIVE TO REASONABLY SERVE THE AREA;
  (VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
TER; AND
  (VII)  THE  APPLICANT  HAS ENTERED INTO A LABOR PEACE AGREEMENT WITH A
BONA-FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR
ATTEMPTING TO REPRESENT THE APPLICANT'S EMPLOYEES.
  (B) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT SHOULD  BE
ISSUED  A  REGISTRATION, HE OR SHE SHALL NOTIFY THE APPLICANT IN WRITING
OF THOSE FACTORS UPON WHICH FURTHER EVIDENCE IS REQUIRED. WITHIN  THIRTY
DAYS OF THE RECEIPT OF SUCH NOTIFICATION, THE APPLICANT MAY SUBMIT ADDI-
TIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEARING, OR BOTH.
  (C)  THE  FEE FOR A REGISTRATION UNDER THIS SECTION SHALL BE A REASON-
ABLE AMOUNT DETERMINED  BY  THE  DEPARTMENT  IN  REGULATIONS;  PROVIDED,
HOWEVER,  IF  THE  REGISTRATION  IS ISSUED FOR A PERIOD GREATER THAN TWO
YEARS THE FEE SHALL BE INCREASED, PRO RATA, FOR EACH ADDITIONAL MONTH OF
VALIDITY.
  (D) REGISTRATIONS ISSUED UNDER THIS SECTION SHALL  BE  EFFECTIVE  ONLY
FOR AND SHALL SPECIFY:
  (I) THE NAME AND ADDRESS OF THE REGISTERED ORGANIZATION;
  (II)  WHICH  ACTIVITIES  OF A REGISTERED ORGANIZATION ARE PERMITTED BY
THE REGISTRATION;
  (III) THE LAND, BUILDINGS AND FACILITIES THAT  MAY  BE  USED  FOR  THE
PERMITTED ACTIVITIES OF THE REGISTERED ORGANIZATION; AND
  (IV)  SUCH  OTHER MATTERS AS THE COMMISSIONER SHALL REASONABLY PROVIDE
TO ASSURE COMPLIANCE WITH THIS TITLE.
  (E) UPON APPLICATION OF A REGISTERED ORGANIZATION, A REGISTRATION  MAY
BE  AMENDED  TO ALLOW THE REGISTERED ORGANIZATION TO RELOCATE WITHIN THE
STATE OR TO ADD OR DELETE PERMITTED REGISTERED  ORGANIZATION  ACTIVITIES
OR  FACILITIES.  THE  FEE  FOR SUCH AMENDMENT SHALL BE TWO HUNDRED FIFTY
DOLLARS.

S. 4406--B                         11

  3. A REGISTRATION ISSUED UNDER THIS SECTION SHALL  BE  VALID  FOR  TWO
YEARS  FROM  THE  DATE  OF ISSUE, EXCEPT THAT IN ORDER TO FACILITATE THE
RENEWALS OF SUCH REGISTRATIONS, THE COMMISSIONER MAY  UPON  THE  INITIAL
APPLICATION  FOR  A  REGISTRATION,  ISSUE  SOME  REGISTRATIONS WHICH MAY
REMAIN VALID FOR A PERIOD OF TIME GREATER THAN TWO YEARS BUT NOT EXCEED-
ING AN ADDITIONAL ELEVEN MONTHS.
  4.  APPLICATIONS  FOR RENEWAL OF REGISTRATIONS. (A) AN APPLICATION FOR
THE RENEWAL OF ANY REGISTRATION ISSUED UNDER THIS SECTION SHALL BE FILED
WITH THE DEPARTMENT NOT MORE THAN SIX MONTHS NOR LESS THAN  FOUR  MONTHS
PRIOR  TO  THE  EXPIRATION  THEREOF.  A  LATE-FILED  APPLICATION FOR THE
RENEWAL OF A REGISTRATION MAY, IN THE DISCRETION OF THE COMMISSIONER, BE
TREATED AS AN APPLICATION FOR AN INITIAL LICENSE.
  (B)  THE  APPLICATION  FOR  RENEWAL  SHALL  INCLUDE  SUCH  INFORMATION
PREPARED  IN  THE  MANNER  AND  DETAIL  AS THE COMMISSIONER MAY REQUIRE,
INCLUDING BUT NOT LIMITED TO:
  (I) ANY MATERIAL CHANGE IN THE  CIRCUMSTANCES  OR  FACTORS  LISTED  IN
SUBDIVISION ONE OF THIS SECTION; AND
  (II)  EVERY KNOWN CHARGE OR INVESTIGATION, PENDING OR CONCLUDED DURING
THE PERIOD OF THE REGISTRATION, BY ANY GOVERNMENTAL AGENCY WITH  RESPECT
TO:
  (A)  EACH  INCIDENT  OR ALLEGED INCIDENT INVOLVING THE THEFT, LOSS, OR
POSSIBLE DIVERSION OF  MARIHUANA  MANUFACTURED  OR  DISTRIBUTED  BY  THE
APPLICANT; AND
  (B)  COMPLIANCE  BY  THE  APPLICANT  WITH  THE  LAWS OF THE STATE WITH
RESPECT TO ANY SUBSTANCE LISTED IN SECTION THIRTY-THREE HUNDRED  SIX  OF
THIS ARTICLE.
  (C)  AN  APPLICANT  FOR  RENEWAL  SHALL  BE UNDER A CONTINUING DUTY TO
REPORT TO THE DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES  REFLECTED
IN  THE APPLICATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUM-
STANCE WHICH IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
  (D) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT  IS  ENTI-
TLED TO A RENEWAL OF THE REGISTRATION, HE OR SHE SHALL WITHIN FORTY-FIVE
DAYS AFTER THE FILING OF THE APPLICATION SERVE UPON THE APPLICANT OR HIS
OR  HER  ATTORNEY OF RECORD IN PERSON OR BY REGISTERED OR CERTIFIED MAIL
AN ORDER DIRECTING THE APPLICANT TO SHOW CAUSE WHY HIS OR  HER  APPLICA-
TION FOR RENEWAL SHOULD NOT BE DENIED. THE ORDER SHALL SPECIFY IN DETAIL
THE  RESPECTS  IN WHICH THE APPLICANT HAS NOT SATISFIED THE COMMISSIONER
THAT THE REGISTRATION SHOULD BE RENEWED.
  (E) WITHIN THIRTY DAYS OF SERVICE OF SUCH  ORDER,  THE  APPLICANT  MAY
SUBMIT  ADDITIONAL  MATERIAL  TO THE COMMISSIONER OR DEMAND A HEARING OR
BOTH. IF A HEARING IS DEMANDED THE COMMISSIONER SHALL  FIX  A  DATE  FOR
HEARING  NOT  SOONER  THAN FIFTEEN DAYS NOR LATER THAN THIRTY DAYS AFTER
RECEIPT OF THE DEMAND, UNLESS SUCH TIME  LIMITATION  IS  WAIVED  BY  THE
APPLICANT.
  5.  GRANTING  OF  RENEWAL OF REGISTRATIONS. (A) THE COMMISSIONER SHALL
RENEW A REGISTRATION UNLESS HE OR SHE  DETERMINES  AND  FINDS  THAT  THE
APPLICANT:
  (I)  IS  UNLIKELY TO MAINTAIN OR BE ABLE TO MAINTAIN EFFECTIVE CONTROL
AGAINST DIVERSION; OR
  (II) IS UNLIKELY TO COMPLY WITH  ALL  STATE  LAWS  APPLICABLE  TO  THE
ACTIVITIES IN WHICH IT MAY ENGAGE UNDER THE REGISTRATION;
  (III)  IS  AN  APPLICANT UNDER SUBDIVISION ONE OF SECTION THIRTY-THREE
HUNDRED SIXTY-FOUR OF THIS TITLE, IN WHICH  CASE  THE  COMMISSIONER  MAY
CONSIDER  WHETHER  THE  NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA IS
ADEQUATE OR EXCESSIVE TO REASONABLY SERVE THE AREA; OR
  (IV) HAS EITHER VIOLATED OR TERMINATED ITS LABOR PEACE AGREEMENT.

S. 4406--B                         12

  (B) FOR PURPOSES OF THIS SECTION, PROOF THAT  A  REGISTERED  ORGANIZA-
TION,  DURING  THE  PERIOD  OF  ITS REGISTRATION, HAS FAILED TO MAINTAIN
EFFECTIVE CONTROL AGAINST DIVERSION  OR  HAS  KNOWINGLY  OR  NEGLIGENTLY
FAILED  TO  COMPLY WITH APPLICABLE STATE LAWS RELATING TO THE ACTIVITIES
IN WHICH IT ENGAGES UNDER THE REGISTRATION, SHALL CONSTITUTE SUBSTANTIAL
EVIDENCE  THAT  THE  APPLICANT  WILL  BE  UNLIKELY TO MAINTAIN EFFECTIVE
CONTROL AGAINST DIVERSION OR WILL BE UNLIKELY TO COMPLY WITH THE  APPLI-
CABLE STATE STATUTES DURING THE PERIOD OF PROPOSED RENEWAL.
  6.  THE  DEPARTMENT  MAY  SUSPEND  OR  TERMINATE THE REGISTRATION OF A
REGISTERED ORGANIZATION, ON GROUNDS  AND  USING  PROCEDURES  UNDER  THIS
ARTICLE RELATING TO A LICENSE, TO THE EXTENT CONSISTENT WITH THIS TITLE.
THE  DEPARTMENT SHALL SUSPEND OR TERMINATE THE REGISTRATION IN THE EVENT
THAT A REGISTERED ORGANIZATION VIOLATES  OR  TERMINATES  THE  APPLICABLE
LABOR  PEACE AGREEMENT. CONDUCT IN COMPLIANCE WITH THIS TITLE, BUT WHICH
MAY VIOLATE CONFLICTING FEDERAL LAW, SHALL NOT BE GROUNDS TO SUSPEND  OR
TERMINATE A REGISTRATION.
  7.  A  REGISTERED  ORGANIZATION  IS  ENTITLED  TO  ALL  OF THE RIGHTS,
PROTECTIONS, AND PROCEDURES PROVIDED TO A LICENSEE UNDER THIS ARTICLE.
  8. THE DEPARTMENT SHALL BEGIN  ISSUING  REGISTRATIONS  FOR  REGISTERED
ORGANIZATIONS  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
SECTION.
  9. THE COMMISSIONER SHALL DETERMINE THE APPROPRIATE NUMBER  OF  REGIS-
TERED  ORGANIZATIONS  AND  FACILITIES  TO  PROMOTE  REASONABLE ACCESS TO
MEDICAL MARIHUANA IN THE INTEREST OF CERTIFIED PATIENTS AND THE  PUBLIC.
DURING  THE  FIRST  TWO YEARS AFTER THIS TITLE TAKES EFFECT, THE COMMIS-
SIONER SHALL REGISTER NO MORE THAN TWENTY REGISTERED ORGANIZATIONS  THAT
MANUFACTURE MEDICAL MARIHUANA.
  S  3366.  REPORTS  BY  REGISTERED  ORGANIZATIONS.  1. THE COMMISSIONER
SHALL, BY REGULATION,  REQUIRE  EACH  REGISTERED  ORGANIZATION  TO  FILE
REPORTS  BY THE REGISTERED ORGANIZATION DURING A PARTICULAR PERIOD.  THE
COMMISSIONER SHALL DETERMINE THE INFORMATION  TO  BE  REPORTED  AND  THE
FORMS, TIME, AND MANNER OF THE REPORTING.
  2.  THE  COMMISSIONER  SHALL,  BY  REGULATION, REQUIRE EACH REGISTERED
ORGANIZATION TO ADOPT AND MAINTAIN SECURITY, TRACKING,  RECORD  KEEPING,
RECORD RETENTION AND SURVEILLANCE SYSTEMS, RELATING TO ALL MEDICAL MARI-
HUANA AT EVERY STAGE OF ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIV-
ERY,  TRANSPORTING, DISTRIBUTING, OR DISPENSING BY THE REGISTERED ORGAN-
IZATION, SUBJECT TO REGULATIONS OF THE COMMISSIONER.
  S 3367. EVALUATION; RESEARCH PROGRAMS; REPORT BY  DEPARTMENT.  1.  THE
COMMISSIONER  MAY  PROVIDE FOR THE ANALYSIS AND EVALUATION OF THE OPERA-
TION OF THIS TITLE. THE COMMISSIONER MAY ENTER INTO AGREEMENTS WITH  ONE
OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS OR OTHER ORGANIZATIONS, FOR
THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTATION AND EFFECTIVENESS
OF THIS TITLE.
  2.  THE  DEPARTMENT  MAY  DEVELOP, SEEK ANY NECESSARY FEDERAL APPROVAL
FOR, AND CARRY OUT RESEARCH PROGRAMS RELATING TO MEDICAL USE OF MARIHUA-
NA.  PARTICIPATION IN ANY SUCH RESEARCH PROGRAM SHALL  BE  VOLUNTARY  ON
THE PART OF PRACTITIONERS, PATIENTS, AND DESIGNATED CAREGIVERS.
  3.  THE  DEPARTMENT  SHALL REPORT EVERY TWO YEARS, BEGINNING TWO YEARS
AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA-
TURE ON THE MEDICAL USE OF MARIHUANA UNDER THIS TITLE AND MAKE APPROPRI-
ATE RECOMMENDATIONS.
  S 3368. RELATION TO OTHER LAWS. 1. (A) THE PROVISIONS OF THIS  ARTICLE
SHALL  APPLY  TO THIS TITLE, EXCEPT THAT WHERE A PROVISION OF THIS TITLE
CONFLICTS WITH ANOTHER PROVISION  OF  THIS  ARTICLE,  THIS  TITLE  SHALL
APPLY.

S. 4406--B                         13

  (B)  MEDICAL MARIHUANA SHALL NOT BE DEEMED TO BE A "DRUG" FOR PURPOSES
OF ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW.
  2.  NOTHING IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE OR PROHIBIT AN
INSURER OR HEALTH PLAN UNDER  THIS  CHAPTER  OR  THE  INSURANCE  LAW  TO
PROVIDE  COVERAGE  FOR MEDICAL MARIHUANA. NOTHING IN THIS TITLE SHALL BE
CONSTRUED TO REQUIRE COVERAGE FOR MEDICAL MARIHUANA UNDER ARTICLE  TWEN-
TY-FIVE OF THIS CHAPTER OR ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
  3.  A  PERSON  OR  ENTITY  SHALL  NOT  BE SUBJECT TO CRIMINAL OR CIVIL
LIABILITY OR PROFESSIONAL DISCIPLINE FOR ACTING REASONABLY AND  IN  GOOD
FAITH PURSUANT TO THIS TITLE.
  S  3369.  PROTECTIONS  FOR THE MEDICAL USE OF MARIHUANA. 1.  CERTIFIED
PATIENTS, DESIGNATED CAREGIVERS, PRACTITIONERS, REGISTERED ORGANIZATIONS
AND THE EMPLOYEES OF REGISTERED ORGANIZATIONS SHALL NOT  BE  SUBJECT  TO
ARREST,  PROSECUTION,  OR  PENALTY IN ANY MANNER, OR DENIED ANY RIGHT OR
PRIVILEGE, INCLUDING BUT NOT LIMITED TO CIVIL  PENALTY  OR  DISCIPLINARY
ACTION  BY A BUSINESS OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD OR
BUREAU, SOLELY FOR THE CERTIFIED MEDICAL USE OR MANUFACTURE OF  MARIHUA-
NA,  OR  FOR  ANY OTHER ACTION OR CONDUCT IN ACCORDANCE WITH THIS TITLE.
STATE OR LOCAL LAW ENFORCEMENT AGENCIES  SHALL  NOT  COOPERATE  WITH  OR
PROVIDE  ASSISTANCE TO THE GOVERNMENT OF THE UNITED STATES OR ANY AGENCY
THEREOF IN ENFORCING THE CONTROLLED SUBSTANCES ACT, 21 U.S.C. S 801  ET.
SEQ.,  SOLELY FOR ACTIONS AND CONDUCT CONSISTENT WITH THIS TITLE, EXCEPT
AS PURSUANT TO A VALID COURT ORDER.
  2. INCIDENTAL AMOUNT OF MARIHUANA. ANY  INCIDENTAL  AMOUNT  OF  SEEDS,
STALKS,  AND  UNUSABLE ROOTS SHALL NOT BE INCLUDED IN THE AMOUNTS SPECI-
FIED IN SUBDIVISION ONE OF SECTION  THIRTY-THREE  HUNDRED  SIXTY-TWO  OF
THIS TITLE.
  3.  SCHOOL,  EMPLOYER,  OR  LANDLORD  MAY  NOT DISCRIMINATE. A SCHOOL,
EMPLOYER, OR LANDLORD MAY NOT REFUSE TO ENROLL OR EMPLOY OR LEASE TO  OR
OTHERWISE  PENALIZE A PERSON SOLELY FOR THAT PERSON'S STATUS AS A CERTI-
FIED PATIENT OR DESIGNATED CAREGIVER UNLESS FAILING TO DO SO  WOULD  PUT
THE  SCHOOL,  EMPLOYER, OR LANDLORD IN VIOLATION OF FEDERAL LAW OR CAUSE
IT TO LOSE A FEDERAL CONTRACT OR FUNDING.
  4. PERSON MAY NOT BE DENIED MEDICAL CARE, INCLUDING ORGAN  TRANSPLANT.
FOR  THE  PURPOSES  OF  MEDICAL  CARE,  INCLUDING  ORGAN  TRANSPLANTS, A
PATIENT'S MEDICAL USE OF MARIHUANA SHALL NOT CONSTITUTE THE  USE  OF  AN
ILLICIT   SUBSTANCE   AND   MAY  ONLY  BE  CONSIDERED  WITH  RESPECT  TO
EVIDENCE-BASED CLINICAL CRITERIA.
  5. PERSON MAY NOT BE DENIED CUSTODY OR VISITATION OF MINOR.  A  PERSON
SHALL  NOT  BE  DENIED  CUSTODY  OR  VISITATION OF A MINOR FOR ACTING IN
ACCORDANCE WITH THIS TITLE UNLESS THE PERSON'S BEHAVIOR IS SUCH THAT  IT
CREATES  AN  UNREASONABLE DANGER TO THE MINOR THAT CAN BE CLEARLY ARTIC-
ULATED AND SUBSTANTIATED.
  6. EFFECT OF REGISTRY IDENTIFICATION CARD ISSUED BY ANOTHER  JURISDIC-
TION.  A REGISTRY IDENTIFICATION CARD, OR ITS EQUIVALENT, THAT IS ISSUED
UNDER THE LAWS OF ANOTHER STATE, DISTRICT, TERRITORY,  COMMONWEALTH,  OR
POSSESSION OF THE UNITED STATES THAT ALLOWS THE MEDICAL USE OF MARIHUANA
HAS  THE  SAME FORCE AND EFFECT AS A REGISTRY IDENTIFICATION CARD ISSUED
BY THE DEPARTMENT, SO LONG AS THE  VISITING  PATIENT'S  CONDITION  IS  A
SERIOUS  CONDITION, AS ATTESTED TO IN WRITING BY A PRACTITIONER. WHERE A
REGISTERED ORGANIZATION DISPENSES MEDICAL MARIHUANA TO A  PATIENT  UNDER
THIS  SUBDIVISION,  A  COPY  OF THE ATTESTATION SHALL BE PROVIDED TO THE
REGISTERED ORGANIZATION.
  S 3369-A. REGULATIONS. 1. THE COMMISSIONER SHALL MAKE  REGULATIONS  TO
IMPLEMENT THIS TITLE.

S. 4406--B                         14

  2.   ADVISORY COMMITTEE. THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT
AN ADVISORY COMMITTEE ON MEDICAL USE OF MARIHUANA (THE "ADVISORY COMMIT-
TEE") TO ADVISE THE COMMISSIONER ON MAKING REGULATIONS UNDER THIS  TITLE
AND  ON  ANY MATTERS RELATING TO THE IMPLEMENTATION OF THIS TITLE AS THE
COMMISSIONER  SHALL  DETERMINE.  THE ADVISORY COMMITTEE SHALL CONSIST OF
TWELVE MEMBERS. THE MEMBERS OF THE ADVISORY COMMITTEE SHALL BE APPOINTED
AS FOLLOWS: FIVE TO BE APPOINTED BY THE GOVERNOR, THREE TO BE  APPOINTED
BY  THE  TEMPORARY PRESIDENT OF THE SENATE, THREE TO BE APPOINTED BY THE
SPEAKER OF THE ASSEMBLY, AND ONE TO BE APPOINTED BY THE ATTORNEY GENERAL
OF THE STATE OF NEW YORK. THE ADVISORY COMMITTEE SHALL INCLUDE  BUT  NOT
BE LIMITED TO: HEALTH CARE PRACTITIONERS, PATIENTS OR REPRESENTATIVES OF
PATIENTS   WITH   SERIOUS  CONDITIONS,  EXPERTS  IN  THE  REGULATION  OF
CONTROLLED  SUBSTANCES  FOR  MEDICAL  USE,  MEDICAL  MARIHUANA  INDUSTRY
PROFESSIONALS  AND  LAW  ENFORCEMENT.    THE ADVISORY COMMITTEE SHALL BE
RESPONSIBLE FOR REVIEWING THE APPEAL OF ANY PATIENT OR  CAREGIVER  WHOSE
REGISTRY  APPLICATION  HAS  BEEN  DENIED BY THE DEPARTMENT. THE ADVISORY
COMMITTEE SHALL MAKE RECOMMENDATIONS REGARDING ANY SUCH  APPEAL  TO  THE
COMMISSIONER,  WHO  SHALL  MAKE  THE  FINAL  DETERMINATION. THE ADVISORY
COMMITTEE SHALL ALSO BE RESPONSIBLE FOR MAKING  RECOMMENDATIONS  TO  THE
COMMISSIONER ON EXPANDING OR RETRACTING THE CATEGORIES OF DISEASES TO BE
CONSIDERED  SERIOUS  CONDITIONS  FOR  PURPOSES  OF  THIS  TITLE, AND THE
COMMISSIONER SHALL HAVE THE ABILITY TO EXPAND OR RETRACT THE  CATEGORIES
OF  DISEASES  TO  BE  CONSIDERED SERIOUS CONDITIONS FOR PURPOSES OF THIS
TITLE. THE COMMISSIONER MAY ALSO  FORM  SUBCOMMITTEES  OF  THE  ADVISORY
COMMITTEE.  THE  COMMISSIONER  SHALL  FORM  A SUBCOMMITTEE TO ASSIST AND
ADVISE THE COMMISSIONER AND THE ADVISORY COMMITTEE ON  CLINICAL  MATTERS
RELATING TO MEDICAL MARIHUANA, INCLUDING BUT NOT LIMITED TO EXPANDING OR
RETRACTING  THE  CATEGORIES  OF DISEASES TO BE CONSIDERED SERIOUS CONDI-
TIONS FOR PURPOSES OF THIS TITLE, THE MEMBERS OF  WHICH  SHALL  PREDOMI-
NANTLY  BE  CLINICAL PROFESSIONALS IN APPROPRIATE AREAS OF EXPERTISE AND
SHALL ALSO INCLUDE REPRESENTATIVES OF PATIENTS AND THE  GENERAL  PUBLIC.
MEMBERS OF A SUBCOMMITTEE NEED NOT BE MEMBERS OF THE ADVISORY COMMITTEE.
MEMBERS  OF THE ADVISORY COMMITTEE SHALL SERVE FOR A TERM OF FOUR YEARS.
MEMBERS OF A SUBCOMMITTEE SHALL SERVE AT THE PLEASURE OF THE COMMISSION-
ER. MEMBERS OF THE ADVISORY COMMITTEE  OR  A  SUBCOMMITTEE  MAY  RECEIVE
REIMBURSEMENT  BY  THE  DEPARTMENT  FOR  THEIR  REASONABLE AND NECESSARY
EXPENSES INCURRED AS MEMBERS OF THE ADVISORY COMMITTEE OR  A  SUBCOMMIT-
TEE.  A  PUBLIC  EMPLOYEE MAY BE A MEMBER OF THE ADVISORY COMMITTEE OR A
SUBCOMMITTEE.
  S 3369-B. SEVERABILITY. IF ANY PROVISION OF THIS TITLE OR THE APPLICA-
TION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID,  SUCH  INVA-
LIDITY  SHALL  NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS TITLE
WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR  APPLICATION,
AND TO THIS END THE PROVISIONS OF THIS TITLE ARE SEVERABLE.
  S  3.  Section  3343-a of the public health law is amended by adding a
new subdivision 8-a to read as follows:
  8-A. MEDICAL MARIHUANA. AS USED  IN  ANY  PROVISION  OF  THIS  ARTICLE
RELATING  TO THE PRESCRIPTION MONITORING PROGRAM REGISTRY, THE FOLLOWING
TERMS SHALL INCLUDE THE FOLLOWING IN RELATION TO MEDICAL  MARIHUANA,  IN
ADDITION TO THE MEANING EACH TERM WOULD OTHERWISE HAVE:
  (A)  "PRESCRIPTION,"  "PRESCRIBE,"  AND "PRESCRIBER," INCLUDE, RESPEC-
TIVELY, A CERTIFICATION, THE ISSUING OF A CERTIFICATION, AND  A  PRACTI-
TIONER UNDER TITLE FIVE-A OF THIS ARTICLE.
  (B)  "PHARMACY"  INCLUDES A REGISTERED ORGANIZATION THAT IS AUTHORIZED
TO DISPENSE MEDICAL  MARIHUANA  UNDER  TITLE  FIVE-A  OF  THIS  ARTICLE;
PROVIDED  THAT A REGISTERED ORGANIZATION THAT IS NOT A FACILITY LICENSED

S. 4406--B                         15

UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR A PHARMACY  UNDER  ARTICLE
ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW SHALL NOT BE AUTHORIZED TO
CONSULT  THE  REGISTRY  OR  ACCESS PATIENT-SPECIFIC INFORMATION FROM THE
REGISTRY, INCLUDING UNDER SUBDIVISION THREE OF THIS SECTION AND SUBDIVI-
SION  TWO  OF  SECTION THIRTY-THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE,
BUT SHALL REPORT INFORMATION TO THE REGISTRY, INCLUDING  UNDER  SUBDIVI-
SION FOUR OF SECTION THIRTY-THREE HUNDRED THIRTY-THREE OF THIS ARTICLE.
  (C)  "PATIENT-SPECIFIC INFORMATION," IN RELATION TO MEDICAL MARIHUANA,
SHALL NOT INCLUDE INFORMATION NOT REQUIRED TO BE INCLUDED IN  A  CERTIF-
ICATION UNDER TITLE FIVE-A OF THIS ARTICLE.
  (D)  "CONTROLLED  SUBSTANCE" INCLUDES MEDICAL MARIHUANA, REGARDLESS OF
WHETHER THE PROVISION IN WHICH THE TERM IS FOUND IS LIMITED TO SCHEDULES
OTHER THAN SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THIS  ARTI-
CLE.
  (E)  "MEDICAL MARIHUANA" MEANS MEDICAL MARIHUANA UNDER TITLE FIVE-A OF
THIS ARTICLE.
  S 4. The tax law is amended by adding a new article 20-B  to  read  as
follows:
                              ARTICLE 20-B
                        TAX ON MEDICAL MARIHUANA
SECTION 490. EXCISE TAX ON MEDICAL MARIHUANA.
  S  490.  EXCISE  TAX ON MEDICAL MARIHUANA. 1. ALL DEFINITIONS OF TERMS
APPLICABLE TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC  HEALTH
LAW SHALL APPLY TO THIS ARTICLE.
  2.  THERE  IS HEREBY LEVIED AND IMPOSED ON REGISTERED ORGANIZATIONS AN
EXCISE TAX ON ALL MEDICAL MARIHUANA SOLD TO ANOTHER REGISTERED ORGANIZA-
TION OR TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER. THE  EXCISE  TAX
SHALL BE AT THE RATE OF SEVEN PERCENT OF THE RETAIL PRICE OF THE MEDICAL
MARIHUANA DISPENSED.
  3.  TWENTY-TWO  AND FIVE-TENTHS PERCENT OF THE REVENUE RECEIVED BY THE
DEPARTMENT SHALL BE TRANSFERRED TO THE COUNTY IN WHICH THE MEDICAL MARI-
HUANA WAS MANUFACTURED AND TWENTY-TWO AND  FIVE-TENTHS  PERCENT  OF  THE
REVENUE RECEIVED BY THE DEPARTMENT SHALL BE TRANSFERRED TO THE COUNTY IN
WHICH  THE MEDICAL MARIHUANA WAS DISPENSED. FOR PURPOSES OF THE PREVIOUS
SENTENCE, THE CITY OF NEW YORK SHALL BE DEEMED TO BE  A  COUNTY.    FIVE
PERCENT  OF  THE REVENUE RECEIVED BY THE DEPARTMENT SHALL BE TRANSFERRED
TO THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE  SERVICES,  WHICH  SHALL
USE  THAT  REVENUE  FOR ADDITIONAL DRUG ABUSE PREVENTION, COUNSELING AND
TREATMENT SERVICES.
  4. A REGISTERED ORGANIZATION THAT DISPENSES  MEDICAL  MARIHUANA  SHALL
PROVIDE TO THE DEPARTMENT INFORMATION ON WHERE THE MEDICAL MARIHUANA WAS
DISPENSED AND WHERE THE MEDICAL MARIHUANA WAS MANUFACTURED. A REGISTERED
ORGANIZATION THAT OBTAINS MARIHUANA FROM ANOTHER REGISTERED ORGANIZATION
SHALL  OBTAIN FROM SUCH REGISTERED ORGANIZATION INFORMATION ON WHERE THE
MEDICAL MARIHUANA WAS MANUFACTURED.
  5. THE COMMISSIONER SHALL MAKE REGULATIONS TO IMPLEMENT THIS ARTICLE.
  S 5. Section 853 of the general business law is amended  by  adding  a
new subdivision 3 to read as follows:
  3.  THIS ARTICLE SHALL NOT APPLY TO ANY SALE, FURNISHING OR POSSESSION
WHICH IS FOR A LAWFUL PURPOSE UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE
OF THE PUBLIC HEALTH LAW.
  S 6. Section 221.00 of the penal law, as added by chapter 360  of  the
laws of 1977, is amended to read as follows:
S 221.00 Marihuana; definitions.
  Unless  the context in which they are used clearly otherwise requires,
the terms occurring in this article shall have the same meaning ascribed

S. 4406--B                         16

to them in article two hundred twenty of this chapter.  ANY ACT THAT  IS
LAWFUL  UNDER  TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH
LAW IS NOT A VIOLATION OF THIS ARTICLE.
  S 7. This act shall take effect immediately.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4406--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 26, 2013
                               ___________

Introduced  by  Sens. SAVINO, ADDABBO, AVELLA, BRESLIN, CARLUCCI, DILAN,
  ESPAILLAT, GRISANTI, HASSELL-THOMPSON, HOYLMAN, KENNEDY, KLEIN, KRUEG-
  ER, MAZIARZ, MONTGOMERY, O'BRIEN, PARKER,  PERALTA,  PERKINS,  RIVERA,
  ROBACH, SAMPSON, SERRANO, SQUADRON, TKACZYK, VALESKY -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Health -- committee discharged, bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Health in accordance  with  Senate  Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- reported favorably from said  commit-
  tee and committed to the Committee on Finance -- committee discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

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:

  Section 1. Legislative findings and intent. The legislature finds that
thousands  of  New  Yorkers  have serious medical conditions that can be
improved by medically-approved use of  marihuana.  The  law  should  not
stand  between  them  and  treatment necessary for life and health. This
legislation follows the well-established public policy that a controlled
substance can have a legitimate medical use. Many controlled  substances
that are legal for medical use (such as morphine and steroids) are ille-
gal  for  any other use. The purposes of article 33 of the public health
law include allowing legitimate medical use of controlled substances  in
health  care,  including palliative care. This legislation establishes a
medical model of care which regulates medical marihuana as a recommended
medicine in keeping with recognized medical  public  health  and  safety
standards.  This  policy and this legislation do not in any way diminish
New York state's strong public policy and laws against illegal drug use,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01604-17-4
              

S. 4406--C                          2

nor should it be deemed in any manner to advocate,  authorize,  promote,
or  legally  or  socially  accept  the  use of marihuana for children or
adults, for any non-medical use.  This  legislation  is  an  appropriate
exercise  of  the state's legislative power to protect the health of its
people under article 17 of the state constitution and the  tenth  amend-
ment  of  the  United  States constitution. Furthermore, the legislature
finds that New York state has a significant  and  ongoing  economic  and
non-regulatory interest in the financial viability of organizations that
sell marihuana for medical use. The legislature finds that the financial
viability  of such organizations would be greatly diminished and threat-
ened by labor-management conflict, such as a strike at a  facility  that
cultivates  marihuana, especially because of the need for enhanced secu-
rity concerning the products. Replacements  during  a  strike  would  be
difficult  to arrange and cause delay far more significant than a strike
elsewhere. Accordingly, the legislature  finds  that  the  state  has  a
substantial  and  compelling  proprietary  interest  in this matter, and
finds that labor peace is essential  for  any  organization  to  conduct
business relating to the sale of medical marihuana.
  It is the legislative intent that this act be implemented consistently
with  these  findings  and principles, through a reasonable and workable
system with appropriate oversight; strong "seed to sale"  regulation  to
prevent  diversion,  abuse, and other illegal conduct; reasonable access
to and appropriate use of medical marihuana by certified patients; eval-
uation; and continuing research.
  S 2. Article 33 of the public health law is amended by  adding  a  new
title 5-A to read as follows:
                                TITLE V-A
                        MEDICAL USE OF MARIHUANA
SECTION 3360.   DEFINITIONS.
        3361.   CERTIFICATION OF PATIENTS.
        3362.   LAWFUL MEDICAL USE.
        3363.   REGISTRY IDENTIFICATION CARDS.
        3364.   REGISTERED ORGANIZATIONS.
        3365.   REGISTERING OF REGISTERED ORGANIZATIONS.
        3366.   EXPEDITED REGISTRATION OF REGISTERED ORGANIZATIONS.
        3367.   REPORTS BY REGISTERED ORGANIZATIONS.
        3368.   EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
        3369.   RELATION TO OTHER LAWS.
        3369-A. PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA.
        3369-B. REGULATIONS.
        3369-C. SEVERABILITY.
  S  3360. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES  OTHER-
WISE:
  1.  "CERTIFIED  MEDICAL  USE"  MEANS THE ACQUISITION, POSSESSION, USE,
DELIVERY, TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF  MEDICAL  MARI-
HUANA  BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR USE AS PART OF
THE TREATMENT OF THE PATIENT'S SERIOUS CONDITION SPECIFIED IN A  CERTIF-
ICATION  UNDER  THIS  TITLE,  INCLUDING ENABLING THE PATIENT TO TOLERATE
TREATMENT FOR THE SERIOUS CONDITION.
  2. "CARING FOR" MEANS TREATING OR COUNSELING A PATIENT, IN THE  COURSE
OF  WHICH  THE  PRACTITIONER  HAS  COMPLETED  A  FULL  ASSESSMENT OF THE
PATIENT'S MEDICAL HISTORY AND CURRENT MEDICAL CONDITION.
  3. "CERTIFIED PATIENT" MEANS A PATIENT WHO IS CERTIFIED UNDER  SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.

S. 4406--C                          3

  4.   "CERTIFICATION"   MEANS   A  CERTIFICATION,  MADE  UNDER  SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
  5.  "DESIGNATED CAREGIVER" MEANS THE INDIVIDUAL DESIGNATED BY A CERTI-
FIED PATIENT IN A REGISTRY APPLICATION.
  6. "PUBLIC PLACE" MEANS A PUBLIC PLACE AS DEFINED IN SECTION 240.00 OF
THE PENAL LAW, A MOTOR VEHICLE AS DEFINED IN SECTION ONE  HUNDRED  TWEN-
TY-FIVE  OF  THE  VEHICLE  AND  TRAFFIC  LAW,  AN AIRCRAFT AS DEFINED IN
SECTION TWO HUNDRED FORTY OF THE GENERAL BUSINESS LAW  OR  A  VESSEL  AS
DEFINED IN SECTION TWO OF THE NAVIGATION LAW.
  7. "SERIOUS CONDITION" MEANS A SEVERE DEBILITATING OR LIFE-THREATENING
CONDITION, INCLUDING: CANCER, POSITIVE STATUS FOR HUMAN IMMUNODEFICIENCY
VIRUS OR ACQUIRED IMMUNE DEFICIENCY SYNDROME, AMYOTROPHIC LATERAL SCLER-
OSIS,  ALZHEIMER'S  DISEASE,  MUSCULAR DYSTROPHY, TRAUMATIC BRAIN INJURY
AND POST-CONCUSSION SYNDROME, DYSTONIA,  PARKINSON'S  DISEASE,  MULTIPLE
SCLEROSIS,  DAMAGE  TO THE NERVOUS TISSUE OF THE SPINAL CORD WITH OBJEC-
TIVE NEUROLOGICAL INDICATION OF INTRACTABLE SPASTICITY, EPILEPSY, CACHE-
XIA, WASTING SYNDROME, CROHN'S DISEASE, POST-TRAUMATIC STRESS  DISORDER,
NEUROPATHY,  RHEUMATOID  ARTHRITIS,  LUPUS,  HUNTINGTON'S  DISEASE,  AND
DIABETES, OR A CONDITION ASSOCIATED WITH OR A  COMPLICATION  OF  SUCH  A
CONDITION  OR ITS TREATMENT, OR ANY OTHER CONDITION THAT IS ADDED BY THE
COMMISSIONER AND THE ADVISORY COMMITTEE PURSUANT TO SECTION THIRTY-THREE
HUNDRED SIXTY-NINE-B OF THIS TITLE.
  8. "MEDICAL MARIHUANA" MEANS MARIHUANA AS DEFINED IN SUBDIVISION TWEN-
TY-ONE OF SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE INTENDED  FOR
A CERTIFIED MEDICAL USE, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, FORMS
THAT ARE EXTRACTS, VAPORIZABLE MATERIAL, OR PRODUCTS THAT ARE INFUSED OR
COMBINED  WITH  MARIHUANA, BUT SPECIFICALLY EXCLUDES CONFECTIONS, CARBO-
NATED BEVERAGES, AND PRODUCTS THAT ARE MARKETED TOWARDS MINOR CHILDREN.
  9. "REGISTERED ORGANIZATION" MEANS  A  REGISTERED  ORGANIZATION  UNDER
SECTIONS   THIRTY-THREE  HUNDRED  SIXTY-FOUR  AND  THIRTY-THREE  HUNDRED
SIXTY-FIVE OF THIS TITLE.
  10. "REGISTRY APPLICATION" MEANS AN APPLICATION PROPERLY COMPLETED AND
FILED  WITH  THE  DEPARTMENT  BY  A  CERTIFIED  PATIENT  UNDER   SECTION
THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
  11.  "REGISTRY IDENTIFICATION CARD" MEANS A DOCUMENT THAT IDENTIFIES A
CERTIFIED PATIENT OR DESIGNATED CAREGIVER,  AS  PROVIDED  UNDER  SECTION
THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
  12.  "PRACTITIONER" MEANS A PRACTITIONER WHO IS A PHYSICIAN, PHYSICIAN
ASSISTANT, OR  NURSE  PRACTITIONER,  ACTING  WITHIN  THE  PRACTITIONER'S
LAWFUL SCOPE OF PRACTICE.
  13.  "TERMINALLY ILL" MEANS AN INDIVIDUAL HAS A MEDICAL PROGNOSIS THAT
THE INDIVIDUAL'S LIFE EXPECTANCY IS APPROXIMATELY ONE YEAR  OR  LESS  IF
THE ILLNESS RUNS ITS NORMAL COURSE.
  14. "LABOR PEACE AGREEMENT" MEANS AN AGREEMENT BETWEEN AN ENTITY AND A
LABOR  ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S PROPRIETARY
INTERESTS BY PROHIBITING LABOR ORGANIZATIONS AND MEMBERS  FROM  ENGAGING
IN PICKETING, WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFER-
ENCE WITH THE REGISTERED ORGANIZATION'S BUSINESS.
  15.  "INDIVIDUAL DOSE" MEANS A SINGLE MEASURE OF RAW MEDICAL MARIHUANA
OR NON-INFUSED CONCENTRATES TO BE DETERMINED AND CLEARLY IDENTIFIED BY A
PATIENT'S PRACTITIONER FOR THE PATIENT'S SPECIFIC  CERTIFIED  CONDITION.
FOR  INGESTIBLE OR SUB-LINGUAL MEDICAL MARIHUANA PRODUCTS, NO INDIVIDUAL
DOSE MAY CONTAIN MORE THAN TEN MILLIGRAMS OF TETRAHYDRACANABINOL.
  16. "SPECIAL CERTIFICATION" MEANS A SPECIAL CERTIFICATION  MADE  UNDER
SUBDIVISION SIX OF SECTION THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.

S. 4406--C                          4

  17.  "FORM  OF MEDICAL MARIHUANA" MEANS CHARACTERISTICS OF THE MEDICAL
MARIHUANA RECOMMENDED OR LIMITED FOR  A  PARTICULAR  CERTIFIED  PATIENT,
INCLUDING  THE METHOD OF CONSUMPTION AND ANY PARTICULAR STRAIN, VARIETY,
AND QUANTITY OR PERCENTAGE OF MARIHUANA OR PARTICULAR ACTIVE INGREDIENT.
  S 3361. CERTIFICATION OF PATIENTS. 1. A PATIENT CERTIFICATION MAY ONLY
BE  ISSUED IF A PRACTITIONER WHO IS CARING FOR THE PATIENT FOR A SERIOUS
CONDITION CERTIFIES THAT: (A) THE PATIENT HAS A SERIOUS CONDITION, WHICH
SHALL BE SPECIFIED IN THE PATIENT'S HEALTH CARE RECORD; (B) THE  PATIENT
IS  UNDER  THE PRACTITIONER'S CARE FOR THE SERIOUS CONDITION; AND (C) IN
THE PRACTITIONER'S  PROFESSIONAL  OPINION,  THE  PATIENT  IS  LIKELY  TO
RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE PRIMARY OR ADJUNCTIVE
TREATMENT WITH MEDICAL USE OF MARIHUANA FOR THE SERIOUS CONDITION.
  2.  THE  CERTIFICATION  SHALL  BE IN WRITING AND INCLUDE (A) THE NAME,
DATE OF BIRTH AND ADDRESS OF THE  PATIENT;  (B)  A  STATEMENT  THAT  THE
PATIENT HAS A SERIOUS CONDITION; THE PATIENT IS UNDER THE PRACTITIONER'S
CARE  FOR  THE SERIOUS CONDITION AND, IN THE PRACTITIONER'S PROFESSIONAL
OPINION, THE PATIENT IS LIKELY  TO  RECEIVE  THERAPEUTIC  OR  PALLIATIVE
BENEFIT  FROM  THE  PRIMARY  OR ADJUNCTIVE TREATMENT WITH MEDICAL USE OF
MARIHUANA FOR THE SERIOUS CONDITION, AND ANY SPECIFICATION OR LIMITATION
OF THE FORM OF MEDICAL MARIHUANA RECOMMENDED; (C) THE DATE; AND (D)  THE
NAME,  ADDRESS,  FEDERAL  REGISTRATION NUMBER, TELEPHONE NUMBER, AND THE
HANDWRITTEN SIGNATURE OF THE CERTIFYING PRACTITIONER.  THE  COMMISSIONER
MAY  REQUIRE  BY  REGULATION  THAT  THE CERTIFICATION SHALL BE ON A FORM
PROVIDED BY THE DEPARTMENT  IF  THE  COMMISSIONER  DETERMINES  THAT  THE
DEPARTMENT IS MAKING CERTIFICATION FORMS ADEQUATELY AVAILABLE. THE PRAC-
TITIONER  MAY  STATE  IN  THE  CERTIFICATION THAT, IN THE PRACTITIONER'S
PROFESSIONAL OPINION THE PATIENT WOULD BENEFIT  FROM  MEDICAL  MARIHUANA
ONLY  UNTIL  A SPECIFIED DATE. THE PRACTITIONER MAY STATE IN THE CERTIF-
ICATION THAT, IN THE PRACTITIONER'S PROFESSIONAL OPINION THE PATIENT  IS
TERMINALLY  ILL  AND  THAT  THE CERTIFICATION SHALL NOT EXPIRE UNTIL THE
PATIENT DIES.
  3. IN MAKING A CERTIFICATION, THE PRACTITIONER SHALL CONSIDER THE FORM
OF MEDICAL MARIHUANA THE PATIENT SHOULD CONSUME, INCLUDING THE METHOD OF
CONSUMPTION AND ANY PARTICULAR STRAIN, VARIETY, AND QUANTITY OR PERCENT-
AGE OF  MARIHUANA  OR  PARTICULAR  ACTIVE  INGREDIENT,  AND  APPROPRIATE
DOSAGE.  THE  CERTIFICATION SHALL STATE ANY RECOMMENDATION OR LIMITATION
THE PRACTITIONER CHOOSES TO MAKE, IN HIS OR  HER  PROFESSIONAL  OPINION,
CONCERNING  THE  APPROPRIATE  FORM  OR  FORMS  OF  MEDICAL MARIHUANA AND
DOSAGE, FOR THE CERTIFIED PATIENT.
  4. THE PRACTITIONER SHALL GIVE  THE  CERTIFICATION  TO  THE  CERTIFIED
PATIENT, AND PLACE A COPY IN THE PATIENT'S HEALTH CARE RECORD.
  5.  NO PRACTITIONER SHALL ISSUE A CERTIFICATION UNDER THIS SECTION FOR
HIMSELF OR HERSELF.
  6. A REGISTRY IDENTIFICATION  CARD  BASED  ON  A  CERTIFICATION  SHALL
EXPIRE  ONE YEAR AFTER THE DATE THE CERTIFICATION IS SIGNED BY THE PRAC-
TITIONER; EXCEPT THAT WHERE A CERTIFIED PATIENT HAS A REGISTRY IDENTIFI-
CATION CARD BASED ON A CURRENT VALID CERTIFICATION, A NEW REGISTRY IDEN-
TIFICATION CARD BASED ON A NEW CERTIFICATION SHALL EXPIRE ONE YEAR AFTER
THE EXPIRATION OF THE REGISTRY IDENTIFICATION CARD BASED ON THE  CURRENT
VALID CERTIFICATION. HOWEVER,
  (A) IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT, IN THE PRAC-
TITIONER'S  PROFESSIONAL OPINION, THE PATIENT WOULD BENEFIT FROM MEDICAL
MARIHUANA ONLY UNTIL A SPECIFIED EARLIER DATE, THEN THE  REGISTRY  IDEN-
TIFICATION CARD SHALL EXPIRE ON THAT DATE;
  (B)  IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT IN THE PRAC-
TITIONER'S PROFESSIONAL OPINION THE PATIENT IS TERMINALLY ILL  AND  THAT

S. 4406--C                          5

THE  CERTIFICATION  SHALL  NOT  EXPIRE  UNTIL THE PATIENT DIES, THEN THE
REGISTRY IDENTIFICATION CARD SHALL STATE THAT THE PATIENT IS  TERMINALLY
ILL  AND  THAT  THE REGISTRATION CARD SHALL NOT EXPIRE UNTIL THE PATIENT
DIES;
  (C)  IF  THE PRACTITIONER RE-ISSUES THE CERTIFICATION TO TERMINATE THE
CERTIFICATION ON AN EARLIER DATE, THEN THE REGISTRY IDENTIFICATION  CARD
SHALL  EXPIRE  ON THAT DATE AND SHALL BE PROMPTLY RETURNED BY THE CERTI-
FIED PATIENT TO THE DEPARTMENT; AND
  (D) IF THE CERTIFICATION SO PROVIDES, THE REGISTRY IDENTIFICATION CARD
SHALL STATE ANY RECOMMENDATION OR LIMITATION BY THE PRACTITIONER  AS  TO
THE  FORM  OR  FORMS  OF  MEDICAL  MARIHUANA OR DOSAGE FOR THE CERTIFIED
PATIENT.
  7. (A) A CERTIFICATION MAY BE A SPECIAL CERTIFICATION IF, IN  ADDITION
TO  THE  OTHER REQUIREMENTS FOR A CERTIFICATION, THE PRACTITIONER CERTI-
FIES IN THE  CERTIFICATION  THAT  THE  PATIENT'S  SERIOUS  CONDITION  IS
PROGRESSIVE  AND  DEGENERATIVE  OR THAT DELAY IN THE PATIENT'S CERTIFIED
MEDICAL USE OF MARIHUANA POSES A SERIOUS RISK TO THE PATIENT'S  LIFE  OR
HEALTH.
  (B)  THE DEPARTMENT SHALL, WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE
OF THIS SUBDIVISION, CREATE THE FORM TO BE USED FOR  A  SPECIAL  CERTIF-
ICATION  AND  SHALL  MAKE  THAT FORM AVAILABLE TO BE DOWNLOADED FROM THE
DEPARTMENT'S WEBSITE.
  S 3362. LAWFUL MEDICAL  USE.  1.  THE  POSSESSION,  ACQUISITION,  USE,
DELIVERY,  TRANSFER,  TRANSPORTATION, OR ADMINISTRATION OF MEDICAL MARI-
HUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER POSSESSING A  VALID
REGISTRY IDENTIFICATION CARD, FOR CERTIFIED MEDICAL USE, SHALL BE LAWFUL
UNDER THIS TITLE; PROVIDED THAT:
  (A)  THE  MARIHUANA  THAT MAY BE POSSESSED BY A CERTIFIED PATIENT DOES
NOT EXCEED A TOTAL WEIGHT OF TWO AND ONE-HALF OUNCES  OF  MARIHUANA  PER
THIRTY DAY PERIOD; AND
  (B) THE MARIHUANA THAT MAY BE POSSESSED BY A DESIGNATED CAREGIVER DOES
NOT  EXCEED THE QUANTITIES REFERRED TO IN PARAGRAPH (A) OF THIS SUBDIVI-
SION FOR EACH CERTIFIED PATIENT FOR WHOM THE CAREGIVER POSSESSES A VALID
REGISTRY IDENTIFICATION CARD, UP TO FIVE CERTIFIED PATIENTS; AND
  (C) THE FORM OR FORMS OF MEDICAL MARIHUANA THAT MAY  BE  POSSESSED  BY
THE  CERTIFIED  PATIENT  OR  DESIGNATED  CAREGIVER PURSUANT TO A CERTIF-
ICATION SHALL BE IN COMPLIANCE WITH ANY RECOMMENDATION OR LIMITATION  BY
THE  PRACTITIONER AS TO THE FORM OR FORMS OF MEDICAL MARIHUANA OR DOSAGE
FOR THE CERTIFIED PATIENT IN THE CERTIFICATION.
  2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION:
  (A) POSSESSION OF MARIHUANA SHALL NOT BE LAWFUL UNDER THIS TITLE IF IT
IS CONSUMED, GROWN OR DISPLAYED IN A PUBLIC  PLACE,  REGARDLESS  OF  THE
FORM OF MEDICAL MARIHUANA STATED IN THE PATIENT'S CERTIFICATION;
  (B) MEDICAL MARIHUANA MAY NOT BE SMOKED IN ANY PLACE WHERE TOBACCO MAY
NOT  BE  SMOKED  UNDER ARTICLE THIRTEEN-E OF THIS CHAPTER, REGARDLESS OF
THE FORM OF MEDICAL MARIHUANA STATED IN THE PATIENT'S CERTIFICATION; AND
  (C) MEDICAL MARIHUANA MAY NOT BE SMOKED BY ANYONE  UNDER  THE  AGE  OF
TWENTY-ONE.  THIS  SHALL  NOT  PRECLUDE THE USE OF ANY VAPORIZED MEDICAL
MARIHUANA.
  3. IT SHALL BE LAWFUL UNDER THIS ARTICLE TO GIVE OR DISPOSE  OF  MARI-
HUANA,  OBTAINED  UNDER  THIS  TITLE, FOR CERTIFIED MEDICAL USE, BETWEEN
CERTIFIED PATIENTS AND OTHER CERTIFIED PATIENTS, AND  BETWEEN  A  DESIG-
NATED  CAREGIVER  AND THE DESIGNATED CAREGIVER'S CERTIFIED PATIENT WHERE
NOTHING OF VALUE IS TRANSFERRED IN RETURN, OR TO OFFER TO DO  THE  SAME.
THIS  PROHIBITION  ON  TRANSFERRING  OR  OFFERING TO TRANSFER A THING OF
VALUE SHALL NOT:

S. 4406--C                          6

  (A) APPLY TO SALE OF MEDICAL MARIHUANA TO OR BY A REGISTERED ORGANIZA-
TION UNDER THIS ARTICLE; NOR
  (B)  PREVENT  A DESIGNATED CAREGIVER FROM BEING REIMBURSED FOR REASON-
ABLE COSTS OR ACTIVITIES RELATING TO CARING  FOR  A  CERTIFIED  PATIENT,
INCLUDING,  BUT  NOT  LIMITED  TO, REIMBURSEMENT FOR LEGITIMATE EXPENSES
RELATING TO THE PURCHASE OF MEDICAL MARIHUANA FROM A  REGISTERED  ORGAN-
IZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-SEVEN OF THIS TITLE.
  S  3363.  REGISTRY  IDENTIFICATION  CARDS.    1.  UPON APPROVAL OF THE
CERTIFICATION, THE DEPARTMENT SHALL ISSUE REGISTRY IDENTIFICATION  CARDS
FOR CERTIFIED PATIENTS AND DESIGNATED CAREGIVERS. A REGISTRY IDENTIFICA-
TION  CARD  SHALL  EXPIRE  AS  PROVIDED  IN SECTION THIRTY-THREE HUNDRED
SIXTY-ONE OF THIS TITLE OR AS OTHERWISE PROVIDED IN  THIS  SECTION.  THE
DEPARTMENT  SHALL  BEGIN  ISSUING REGISTRY IDENTIFICATION CARDS NO LATER
THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.  THE  DEPARTMENT
MAY SPECIFY A FORM FOR A REGISTRY APPLICATION, IN WHICH CASE THE DEPART-
MENT SHALL PROVIDE THE FORM ON REQUEST, REPRODUCTIONS OF THE FORM MAY BE
USED,  AND  THE FORM SHALL BE AVAILABLE FOR DOWNLOADING FROM THE DEPART-
MENT'S WEBSITE.
  2. TO OBTAIN, AMEND OR RENEW A REGISTRY IDENTIFICATION CARD, A  CERTI-
FIED  PATIENT  OR DESIGNATED CAREGIVER SHALL FILE A REGISTRY APPLICATION
WITH THE DEPARTMENT. THE REGISTRY  APPLICATION  OR  RENEWAL  APPLICATION
SHALL INCLUDE:
  (A) IN THE CASE OF A CERTIFIED PATIENT, THE ORIGINAL PATIENT'S CERTIF-
ICATION  (A  NEW  WRITTEN CERTIFICATION SHALL BE PROVIDED WITH A RENEWAL
APPLICATION);
  (B) IN THE CASE OF A CERTIFIED PATIENT,
  (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT;
  (II) THE DATE OF THE CERTIFICATION;
  (III) IF THE PATIENT HAS A REGISTRY IDENTIFICATION  CARD  BASED  ON  A
CURRENT  VALID  CERTIFICATION,  THE  REGISTRY  IDENTIFICATION NUMBER AND
EXPIRATION DATE OF THAT REGISTRY IDENTIFICATION CARD;
  (IV) THE SPECIFIED DATE UNTIL WHICH THE  PATIENT  WOULD  BENEFIT  FROM
MEDICAL MARIHUANA, IF THE CERTIFICATION STATES SUCH A DATE;
  (V)  THE  NAME,  ADDRESS,  FEDERAL  REGISTRATION NUMBER, AND TELEPHONE
NUMBER OF THE CERTIFYING PRACTITIONER;
  (VI) ANY RECOMMENDATION OR LIMITATION BY THE PRACTITIONER  AS  TO  THE
FORM  OR FORMS OF MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED PATIENT;
AND
  (VII) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
MENT;
  (C) IN THE CASE OF A CERTIFIED PATIENT, IF THE  PATIENT  DESIGNATES  A
DESIGNATED CAREGIVER, THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIG-
NATED  CAREGIVER,  AND OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED
BY THE DEPARTMENT; A CERTIFIED PATIENT MAY DESIGNATE UP  TO  TWO  DESIG-
NATED  CAREGIVERS;  EXCEPT  THAT  A CERTIFIED PATIENT MAY DESIGNATE MORE
THAN TWO CAREGIVERS IF THE ADDITIONAL  CAREGIVERS  ARE  MEMBERS  OF  THE
CERTIFIED PATIENT'S IMMEDIATE FAMILY OR PHYSICAL HOUSEHOLD;
  (D) IN THE CASE OF A DESIGNATED CAREGIVER,
  (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIGNATED CAREGIVER;
  (II)  IF  THE DESIGNATED CAREGIVER HAS A REGISTRY IDENTIFICATION CARD,
THE REGISTRY IDENTIFICATION NUMBER AND EXPIRATION DATE OF THAT  REGISTRY
IDENTIFICATION CARD; AND
  (III) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
MENT;
  (E)  A  STATEMENT  THAT  A  FALSE STATEMENT MADE IN THE APPLICATION IS
PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW;

S. 4406--C                          7

  (F) THE DATE OF THE APPLICATION AND THE  SIGNATURE  OF  THE  CERTIFIED
PATIENT OR DESIGNATED CAREGIVER, AS THE CASE MAY BE; AND
  (G)  A  REASONABLE  APPLICATION  FEE, AS DETERMINED BY THE DEPARTMENT;
PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE THE FEE  IN  CASES  OF
FINANCIAL HARDSHIP.
  3. IF THE DEPARTMENT HAS NOT ESTABLISHED AND MADE AVAILABLE A FORM FOR
A  REGISTRY APPLICATION OR RENEWAL APPLICATION AND DETERMINED THE APPLI-
CATION FEE IF ANY, OR ESTABLISHED AND MADE AVAILABLE A FORM FOR A REGIS-
TRY APPLICATION OR RENEWAL APPLICATION AND  DETERMINED  THE  APPLICATION
FEE  FOR  A SPECIAL CERTIFICATION, THEN IN THE CASE OF A SPECIAL CERTIF-
ICATION, A REGISTRY APPLICATION OR RENEWAL  APPLICATION  THAT  OTHERWISE
CONFORMS WITH THE REQUIREMENTS OF THIS SECTION SHALL NOT REQUIRE THE USE
OF A FORM OR THE PAYMENT OF AN APPLICATION FEE.
  4.  WHERE  AN  APPLICANT CHOOSES TO APPLY UNDER THE PROVISIONS OF THIS
TITLE RELATING  TO  A  SPECIAL  CERTIFICATION,  REGULATIONS  UNDER  THIS
SECTION  MAY  REQUIRE  THE  APPLICANT TO SUBMIT ADDITIONAL DOCUMENTATION
ESTABLISHING THE CLINICAL BASIS FOR THE SPECIAL CERTIFICATION.
  5. WHERE A CERTIFIED PATIENT IS UNDER THE AGE OF EIGHTEEN:
  (A) THE APPLICATION FOR A REGISTRY IDENTIFICATION CARD SHALL  BE  MADE
BY  AN  APPROPRIATE PERSON OVER TWENTY-ONE YEARS OF AGE. THE APPLICATION
SHALL STATE FACTS DEMONSTRATING THAT THE PERSON IS APPROPRIATE.
  (B) THE DESIGNATED CAREGIVER SHALL BE (I) A PARENT OR  LEGAL  GUARDIAN
OF  THE CERTIFIED PATIENT, (II) A PERSON DESIGNATED BY A PARENT OR LEGAL
GUARDIAN, OR (III) AN APPROPRIATE PERSON APPROVED BY THE DEPARTMENT UPON
A SUFFICIENT SHOWING THAT NO PARENT OR LEGAL GUARDIAN IS APPROPRIATE  OR
AVAILABLE.
  6.  NO  PERSON  MAY  BE  A DESIGNATED CAREGIVER IF THE PERSON IS UNDER
TWENTY-ONE YEARS OF AGE UNLESS A  SUFFICIENT  SHOWING  IS  MADE  TO  THE
DEPARTMENT  THAT THE PERSON SHOULD BE PERMITTED TO SERVE AS A DESIGNATED
CAREGIVER.
  7.  NO PERSON MAY BE A DESIGNATED CAREGIVER FOR MORE THAN FIVE  CERTI-
FIED PATIENTS AT ONE TIME.
  8.  THE  DEPARTMENT SHALL ISSUE SEPARATE REGISTRY IDENTIFICATION CARDS
FOR CERTIFIED PATIENTS AND DESIGNATED CAREGIVERS WITHIN THIRTY  DAYS  OF
RECEIVING  A  COMPLETE  APPLICATION UNDER THIS SECTION, UNLESS IT DETER-
MINES THAT THE APPLICATION IS  INCOMPLETE  OR  FACIALLY  INACCURATE,  IN
WHICH CASE IT SHALL PROMPTLY NOTIFY THE APPLICANT.
  9.  IF THE APPLICATION OF A CERTIFIED PATIENT DESIGNATES AN INDIVIDUAL
AS A DESIGNATED CAREGIVER WHO IS NOT AUTHORIZED TO BE A DESIGNATED CARE-
GIVER, THAT PORTION OF THE APPLICATION SHALL BE DENIED BY THE DEPARTMENT
BUT THAT SHALL NOT AFFECT THE APPROVAL OF THE BALANCE  OF  THE  APPLICA-
TION.
  10. A REGISTRY IDENTIFICATION CARD SHALL:
  (A)  CONTAIN THE NAME OF THE CERTIFIED PATIENT OR THE DESIGNATED CARE-
GIVER AS THE CASE MAY BE;
  (B) CONTAIN THE DATE OF ISSUANCE AND EXPIRATION DATE OF  THE  REGISTRY
IDENTIFICATION CARD;
  (C) CONTAIN A REGISTRY IDENTIFICATION NUMBER FOR THE CERTIFIED PATIENT
OR  DESIGNATED  CAREGIVER, AS THE CASE MAY BE AND A REGISTRY IDENTIFICA-
TION NUMBER;
  (D) CONTAIN A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE REGISTRY  IDEN-
TIFICATION  CARD IS BEING ISSUED, WHICH SHALL BE OBTAINED BY THE DEPART-
MENT IN A MANNER SPECIFIED BY THE COMMISSIONER IN REGULATIONS; PROVIDED,
HOWEVER, THAT IF THE DEPARTMENT REQUIRES CERTIFIED  PATIENTS  TO  SUBMIT
PHOTOGRAPHS  FOR THIS PURPOSE, THERE SHALL BE A REASONABLE ACCOMMODATION
OF CERTIFIED PATIENTS WHO ARE CONFINED  TO  THEIR  HOMES  DUE  TO  THEIR

S. 4406--C                          8

MEDICAL  CONDITIONS  AND  MAY THEREFORE HAVE DIFFICULTY PROCURING PHOTO-
GRAPHS;
  (E) BE A SECURE DOCUMENT; AND
  (F) PLAINLY STATE ANY RECOMMENDATION OR LIMITATION BY THE PRACTITIONER
AS TO THE FORM OR FORMS OF MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED
PATIENT.
  11.  A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WHO HAS BEEN ISSUED A
REGISTRY IDENTIFICATION CARD SHALL NOTIFY THE DEPARTMENT OF  ANY  CHANGE
IN  HIS OR HER NAME OR ADDRESS OR, WITH RESPECT TO THE PATIENT, OR IF HE
OR SHE CEASES TO HAVE THE SERIOUS CONDITION NOTED ON  THE  CERTIFICATION
WITHIN TEN DAYS OF SUCH CHANGE.
  12.  IF  A  CERTIFIED PATIENT OR DESIGNATED CAREGIVER LOSES HIS OR HER
REGISTRY IDENTIFICATION CARD, HE OR SHE SHALL NOTIFY THE DEPARTMENT  AND
SUBMIT  A  TEN DOLLAR FEE WITHIN TEN DAYS OF LOSING THE CARD TO MAINTAIN
THE REGISTRATION.  THE DEPARTMENT MAY ESTABLISH HIGHER FEES FOR  ISSUING
A  NEW  REGISTRY  IDENTIFICATION CARD FOR SECOND AND SUBSEQUENT REPLACE-
MENTS FOR A LOST CARD, PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE
THE FEE IN CASES OF FINANCIAL HARDSHIP.   WITHIN FIVE  DAYS  AFTER  SUCH
NOTIFICATION  AND  PAYMENT,  THE  DEPARTMENT  SHALL ISSUE A NEW REGISTRY
IDENTIFICATION CARD, WHICH MAY CONTAIN  A  NEW  REGISTRY  IDENTIFICATION
NUMBER,  TO  THE  CERTIFIED PATIENT OR DESIGNATED CAREGIVER, AS THE CASE
MAY BE.
  13. THE DEPARTMENT SHALL MAINTAIN A CONFIDENTIAL LIST OF  THE  PERSONS
TO WHOM IT HAS ISSUED REGISTRY IDENTIFICATION CARDS.  INDIVIDUAL IDENTI-
FYING  INFORMATION  OBTAINED BY THE DEPARTMENT UNDER THIS TITLE SHALL BE
CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER ARTICLE SIX OF THE  PUBLIC
OFFICERS LAW. NOTWITHSTANDING THIS SUBDIVISION, THE DEPARTMENT MAY NOTI-
FY ANY APPROPRIATE LAW ENFORCEMENT AGENCY OF INFORMATION RELATING TO ANY
VIOLATION OR SUSPECTED VIOLATION OF THIS TITLE.
  14.  THE  DEPARTMENT  SHALL  VERIFY TO LAW ENFORCEMENT PERSONNEL IN AN
APPROPRIATE CASE WHETHER A REGISTRY IDENTIFICATION CARD IS VALID.
  15. IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WILLFULLY  VIOLATES
ANY  PROVISION OF THIS TITLE AS DETERMINED BY THE DEPARTMENT, HIS OR HER
REGISTRY IDENTIFICATION CARD MAY BE SUSPENDED OR REVOKED.   THIS  IS  IN
ADDITION TO ANY OTHER PENALTY THAT MAY APPLY.
  16.  (A)  AS  USED  IN  THIS SUBDIVISION, THE "REGISTRY IMPLEMENTATION
DATE" IS THE DATE DETERMINED BY THE COMMISSIONER WHEN THE DEPARTMENT  IS
READY  TO  RECEIVE  AND  EXPEDITIOUSLY  ACT ON APPLICATIONS FOR REGISTRY
IDENTIFICATION CARDS UNDER THIS SECTION.
  (B) THIS PARAGRAPH SHALL APPLY ON AND AFTER THE  REGISTRY  IMPLEMENTA-
TION  DATE,  AND  SHALL APPLY BEFORE THE REGISTRY IMPLEMENTATION DATE IN
THE CASE OF A SPECIAL CERTIFICATION.  UPON RECEIPT OF AN APPLICATION FOR
A REGISTRY IDENTIFICATION CARD, THE DEPARTMENT SHALL SEND TO THE  APPLI-
CANT  A  LETTER  ACKNOWLEDGING SUCH RECEIPT. WHILE THE APPLICATION FOR A
REGISTRY IDENTIFICATION CARD IS PENDING, A COPY OF THE REGISTRY APPLICA-
TION, TOGETHER WITH A COPY OF THE CERTIFICATION (IN THE CASE OF A CERTI-
FIED PATIENT) AND A COPY OF THE LETTER OF RECEIPT FROM  THE  DEPARTMENT,
SHALL  SERVE  AS  AND  HAVE THE SAME EFFECT AS A REGISTRY IDENTIFICATION
CARD FOR THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER, PROVIDED THAT  A
CERTIFICATION  AND APPLICATION SHALL NOT SERVE AS A VALID REGISTRY IDEN-
TIFICATION CARD AFTER THE INITIAL THIRTY DAY  PERIOD  UNDER  SUBDIVISION
EIGHT  OF  THIS SECTION.  THIS PARAGRAPH SHALL EXPIRE AND HAVE NO EFFECT
ONE YEAR AFTER THE REGISTRY IMPLEMENTATION DATE.
  17. IF THE DEPARTMENT FAILS TO BEGIN ISSUING  REGISTRY  IDENTIFICATION
CARDS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, A

S. 4406--C                          9

PATIENT'S  CERTIFICATION SHALL SERVE AS THE REGISTRY IDENTIFICATION CARD
FOR BOTH THE PATIENT AND THE PATIENT'S DESIGNATED CAREGIVER.
  S  3364.  REGISTERED ORGANIZATIONS. 1. A REGISTERED ORGANIZATION SHALL
BE:
  (A) A FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER; OR
  (B) A FOR-PROFIT BUSINESS ENTITY OR NOT-FOR-PROFIT CORPORATION  ORGAN-
IZED  FOR  THE PURPOSE OF ACQUIRING, POSSESSING, MANUFACTURING, SELLING,
DELIVERING,  TRANSPORTING,  DISTRIBUTING  OR  DISPENSING  MARIHUANA  FOR
CERTIFIED MEDICAL USE.
  2.  THE ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIVERY, TRANSPORT-
ING, DISTRIBUTING OR DISPENSING OF MARIHUANA BY A  REGISTERED  ORGANIZA-
TION  UNDER THIS TITLE IN ACCORDANCE WITH ITS REGISTRATION UNDER SECTION
THIRTY-THREE HUNDRED SIXTY-FIVE OF THIS TITLE OR A RENEWAL THEREOF SHALL
BE LAWFUL UNDER THIS  TITLE.  A  REGISTERED  ORGANIZATION  MAY  TRANSFER
POSSESSION  OF  MARIHUANA  TO, AND MAY RECOVER POSSESSION OF IT FROM, AN
ENTITY LICENSED BY THE DEPARTMENT  UNDER  SECTION  THIRTY-THREE  HUNDRED
TWENTY-FOUR OF THIS TITLE FOR PURPOSES OF CHEMICAL ANALYSIS.
  3.  (A)  A  REGISTERED ORGANIZATION MAY LAWFULLY, IN GOOD FAITH, SELL,
DELIVER, DISTRIBUTE OR DISPENSE MEDICAL MARIHUANA TO A CERTIFIED PATIENT
OR DESIGNATED CAREGIVER UPON PRESENTATION TO THE REGISTERED ORGANIZATION
OF A VALID REGISTRY IDENTIFICATION CARD FOR THAT  CERTIFIED  PATIENT  OR
DESIGNATED  CAREGIVER.  WHEN  PRESENTED WITH THE REGISTRY IDENTIFICATION
CARD, THE REGISTERED ORGANIZATION SHALL PROVIDE TO THE CERTIFIED PATIENT
OR DESIGNATED CAREGIVER A RECEIPT, WHICH SHALL STATE: THE NAME, ADDRESS,
AND REGISTRY IDENTIFICATION NUMBER OF THE REGISTERED  ORGANIZATION;  THE
NAME AND REGISTRY IDENTIFICATION NUMBER OF THE CERTIFIED PATIENT AND THE
DESIGNATED  CAREGIVER  (IF  ANY);  THE  DATE THE MARIHUANA WAS SOLD; ANY
RECOMMENDATION OR LIMITATION BY THE PRACTITIONER AS TO THE FORM OR FORMS
OF MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED PATIENT; AND  THE  FORM
AND  THE QUANTITY OF MEDICAL MARIHUANA SOLD. THE REGISTERED ORGANIZATION
SHALL RETAIN A COPY OF THE REGISTRY IDENTIFICATION CARD AND THE  RECEIPT
FOR SIX YEARS.
  (B)  THE REGISTERED ORGANIZATION SHALL REPORT TO THE DEPARTMENT, UNDER
SECTIONS THIRTY-THREE  HUNDRED  THIRTY-THREE  AND  THIRTY-THREE  HUNDRED
FORTY-THREE-A  OF  THIS ARTICLE, THE INFORMATION REQUIRED TO BE INCLUDED
IN THE RECEIPT UNDER THIS SUBDIVISION.
  4. (A) NO REGISTERED ORGANIZATION MAY  SELL,  DELIVER,  DISTRIBUTE  OR
DISPENSE  TO ANY CERTIFIED PATIENT OR DESIGNATED CAREGIVER A QUANTITY OF
MEDICAL MARIHUANA LARGER  THAN  THAT  INDIVIDUAL  WOULD  BE  ALLOWED  TO
POSSESS UNDER THIS TITLE.
  (B) WHEN DISPENSING MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR DESIG-
NATED  CAREGIVER,  THE REGISTERED ORGANIZATION (I) SHALL NOT DISPENSE AN
AMOUNT SUCH THAT THE CERTIFIED PATIENT WILL  HAVE  BEEN  DISPENSED  MORE
THAN  TWO  AND A HALF OUNCES OF MEDICAL MARIHUANA IN THE PREVIOUS THIRTY
DAYS, COUNTING THE AMOUNT BEING DISPENSED, FROM ALL REGISTERED ORGANIZA-
TIONS,  AND  (II)  SHALL  VERIFY  THE  FOREGOING   BY   CONSULTING   THE
PRESCRIPTION  MONITORING  PROGRAM  REGISTRY  UNDER  SECTION THIRTY-THREE
HUNDRED FORTY-THREE-A OF THIS ARTICLE.
  (C) MEDICAL MARIHUANA DISPENSED TO A CERTIFIED PATIENT  OR  DESIGNATED
CAREGIVER  BY A REGISTERED ORGANIZATION SHALL CONFORM TO ANY RECOMMENDA-
TION OR LIMITATION BY THE PRACTITIONER  AS  TO  THE  FORM  OR  FORMS  OF
MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED PATIENT.
  5.  WHEN  A  REGISTERED  ORGANIZATION  SELLS, DELIVERS, DISTRIBUTES OR
DISPENSES MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR  DESIGNATED  CARE-
GIVER,  IT  SHALL PROVIDE TO THAT INDIVIDUAL A SAFETY INSERT, WHICH WILL

S. 4406--C                         10

BE DEVELOPED AND APPROVED BY THE COMMISSIONER AND INCLUDE,  BUT  NOT  BE
LIMITED TO, INFORMATION ON:
  (A) METHODS FOR ADMINISTERING MEDICAL MARIHUANA IN INDIVIDUAL DOSES,
  (B)  ANY POTENTIAL DANGERS STEMMING FROM THE USE OF MEDICAL MARIHUANA,
AND
  (C) HOW TO RECOGNIZE WHAT MAY BE PROBLEMATIC USAGE OF MEDICAL MARIHUA-
NA AND OBTAIN APPROPRIATE SERVICES OR TREATMENT  FOR PROBLEMATIC USAGE.
  6. REGISTERED ORGANIZATIONS SHALL  NOT  EMPLOY  ANYONE  WHO  HAS  BEEN
CONVICTED  OF  ANY FELONY OF OR RELATING TO POSSESSION OF DRUGS, NARCOT-
ICS, OR CONTROLLED SUBSTANCES.
  7. MANUFACTURING OF MEDICAL MARIHUANA  BY  A  REGISTERED  ORGANIZATION
SHALL  ONLY  BE  DONE IN AN INDOOR, ENCLOSED, SECURE FACILITY, WHICH MAY
INCLUDE A GREENHOUSE.
  8. A REGISTERED ORGANIZATION SHALL DETERMINE THE QUALITY, SAFETY,  AND
CLINICAL  STRENGTH OF MEDICAL MARIHUANA MANUFACTURED OR DISPENSED BY THE
REGISTERED ORGANIZATION, AND SHALL PROVIDE DOCUMENTATION OF THAT  QUALI-
TY,  SAFETY AND CLINICAL STRENGTH TO THE DEPARTMENT AND TO ANY PERSON OR
ENTITY TO WHICH THE MEDICAL MARIHUANA IS SOLD OR DISPENSED.
  9. A REGISTERED ORGANIZATION SHALL BE DEEMED  TO  BE  A  "HEALTH  CARE
PROVIDER"  FOR  THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAP-
TER.
  10. MEDICAL MARIHUANA SHALL BE DISPENSED TO  A  CERTIFIED  PATIENT  OR
DESIGNATED  CAREGIVER  IN  A  SEALED AND PROPERLY LABELED PACKAGE.   THE
LABELING SHALL CONTAIN: (A) THE INFORMATION REQUIRED TO BE  INCLUDED  IN
THE RECEIPT PROVIDED TO THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER BY
THE  REGISTERED ORGANIZATION; (B) THE PACKAGING DATE; (C) ANY APPLICABLE
DATE BY WHICH THE MEDICAL MARIHUANA SHOULD BE USED; (D) A WARNING  STAT-
ING,  "THIS  PRODUCT IS FOR MEDICINAL USE ONLY. WOMEN SHOULD NOT CONSUME
DURING PREGNANCY OR WHILE BREASTFEEDING EXCEPT  ON  THE  ADVICE  OF  THE
CERTIFYING  HEALTH  CARE  PRACTITIONER, AND IN THE CASE OF BREASTFEEDING
MOTHERS, INCLUDING THE INFANT'S PEDIATRICIAN. THIS PRODUCT MIGHT  IMPAIR
THE  ABILITY  TO  DRIVE.    KEEP OUT OF REACH OF CHILDREN."; AND (E) THE
AMOUNT OF INDIVIDUAL DOSES CONTAINED WITHIN.
  S 3365. REGISTERING OF REGISTERED ORGANIZATIONS.  1.  APPLICATION  FOR
INITIAL  REGISTRATION. (A) AN APPLICANT FOR REGISTRATION AS A REGISTERED
ORGANIZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE
SHALL FURNISH TO THE DEPARTMENT A DESCRIPTION OF THE ACTIVITIES IN WHICH
IT INTENDS TO ENGAGE AS A REGISTERED ORGANIZATION  AND  ANY  INFORMATION
THE DEPARTMENT SHALL REASONABLY REQUIRE AND EVIDENCE THAT THE APPLICANT:
  (I) AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARACTER;
  (II) POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT LAND, BUILDINGS, AND
OTHER  PREMISES (WHICH SHALL BE SPECIFIED IN THE APPLICATION) AND EQUIP-
MENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICATION,  OR
IN THE ALTERNATIVE POSTS A BOND OF NOT LESS THAN TWO MILLION DOLLARS;
  (III)  IS  ABLE  TO MAINTAIN EFFECTIVE SECURITY AND CONTROL TO PREVENT
DIVERSION, ABUSE, AND OTHER ILLEGAL CONDUCT RELATING TO THE MARIHUANA;
  (IV) IS ABLE TO COMPLY WITH ALL APPLICABLE STATE LAWS AND  REGULATIONS
RELATING  TO  THE  ACTIVITIES  IN  WHICH  IT INTENDS TO ENGAGE UNDER THE
REGISTRATION; AND
  (V) HAS ENTERED INTO A LABOR PEACE AGREEMENT WITH  A  BONA-FIDE  LABOR
ORGANIZATION  THAT  IS ACTIVELY ENGAGED IN REPRESENTING OR ATTEMPTING TO
REPRESENT THE APPLICANT'S EMPLOYEES.  THE MAINTENANCE OF  SUCH  A  LABOR
PEACE AGREEMENT SHALL BE AN ONGOING MATERIAL CONDITION OF CERTIFICATION.
  (B) THE APPLICATION SHALL ESTABLISH THE APPLICANT'S STATUS UNDER PARA-
GRAPH  (A)  OR  (B)  OF  SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED
SIXTY-FOUR OF THIS TITLE.

S. 4406--C                         11

  (C) THE APPLICATION SHALL INCLUDE  THE  NAME,  RESIDENCE  ADDRESS  AND
TITLE  OF  EACH OF THE OFFICERS AND DIRECTORS AND THE NAME AND RESIDENCE
ADDRESS OF ANY PERSON OR ENTITY THAT IS A MEMBER OF THE APPLICANT.  EACH
SUCH PERSON, IF AN INDIVIDUAL, OR LAWFUL REPRESENTATIVE IF A LEGAL ENTI-
TY, SHALL SUBMIT AN AFFIDAVIT WITH THE APPLICATION SETTING FORTH:
  (I)  ANY  POSITION OF MANAGEMENT OR OWNERSHIP DURING THE PRECEDING TEN
YEARS OF A TEN PER CENTUM OR GREATER INTEREST  IN  ANY  OTHER  BUSINESS,
LOCATED IN OR OUTSIDE THIS STATE, MANUFACTURING OR DISTRIBUTING DRUGS;
  (II)  WHETHER SUCH PERSON OR ANY SUCH BUSINESS HAS BEEN CONVICTED OF A
FELONY OR HAD A REGISTRATION OR LICENSE  SUSPENDED  OR  REVOKED  IN  ANY
ADMINISTRATIVE OR JUDICIAL PROCEEDING; AND
  (III)  SUCH  OTHER  INFORMATION  AS  THE  COMMISSIONER  MAY REASONABLY
REQUIRE.
  (D) THE APPLICANT SHALL BE UNDER A CONTINUING DUTY TO  REPORT  TO  THE
DEPARTMENT  ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED IN THE APPLI-
CATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR  CIRCUMSTANCE  WHICH
IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
  (E)  IN  REVIEWING  APPLICATIONS, THE DEPARTMENT SHALL GIVE ADDITIONAL
CONSIDERATION TO APPLICANTS THAT UTILIZE A VERTICAL  INTEGRATION  MODEL.
FOR PURPOSES OF THIS TITLE, A VERTICAL INTEGRATION MODEL SHALL BE ONE IN
WHICH  A  REGISTERED ORGANIZATION POSSESSES LICENSES FOR BOTH PRODUCTION
AND DISPENSING.
  2. GRANTING OF REGISTRATION. (A) THE COMMISSIONER SHALL GRANT A REGIS-
TRATION OR AMENDMENT TO A REGISTRATION UNDER THIS SECTION IF HE  OR  SHE
IS SATISFIED THAT:
  (I)  THE  APPLICANT WILL BE ABLE TO MAINTAIN EFFECTIVE CONTROL AGAINST
DIVERSION OF MARIHUANA;
  (II) THE APPLICANT WILL BE ABLE TO COMPLY WITH  ALL  APPLICABLE  STATE
LAWS;
  (III)  THE  APPLICANT  AND ITS OFFICERS ARE READY, WILLING AND ABLE TO
PROPERLY CARRY ON THE MANUFACTURING OR DISTRIBUTING ACTIVITY FOR WHICH A
REGISTRATION IS SOUGHT;
  (IV) THE APPLICANT POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT  LAND,
BUILDINGS  AND  EQUIPMENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN
THE APPLICATION;
  (V) IT IS IN THE PUBLIC INTEREST THAT SUCH  REGISTRATION  BE  GRANTED;
THE COMMISSIONER MAY CONSIDER WHETHER THE NUMBER OF REGISTERED ORGANIZA-
TIONS  IN  AN AREA WILL BE ADEQUATE OR EXCESSIVE TO REASONABLY SERVE THE
AREA;
  (VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
TER; AND
  (VII) THE APPLICANT HAS ENTERED INTO A LABOR PEACE  AGREEMENT  WITH  A
BONA-FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR
ATTEMPTING TO REPRESENT THE APPLICANT'S EMPLOYEES.
  (B)  IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT SHOULD BE
ISSUED A REGISTRATION, HE OR SHE SHALL NOTIFY THE APPLICANT  IN  WRITING
OF  THOSE FACTORS UPON WHICH FURTHER EVIDENCE IS REQUIRED. WITHIN THIRTY
DAYS OF THE RECEIPT OF SUCH NOTIFICATION, THE APPLICANT MAY SUBMIT ADDI-
TIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEARING, OR BOTH.
  (C) THE FEE FOR A REGISTRATION UNDER THIS SECTION SHALL BE  A  REASON-
ABLE  AMOUNT  DETERMINED  BY  THE  DEPARTMENT  IN REGULATIONS; PROVIDED,
HOWEVER, IF THE REGISTRATION IS ISSUED FOR A  PERIOD  GREATER  THAN  TWO
YEARS THE FEE SHALL BE INCREASED, PRO RATA, FOR EACH ADDITIONAL MONTH OF
VALIDITY.
  (D)  REGISTRATIONS  ISSUED  UNDER THIS SECTION SHALL BE EFFECTIVE ONLY
FOR AND SHALL SPECIFY:

S. 4406--C                         12

  (I) THE NAME AND ADDRESS OF THE REGISTERED ORGANIZATION;
  (II)  WHICH  ACTIVITIES  OF A REGISTERED ORGANIZATION ARE PERMITTED BY
THE REGISTRATION;
  (III) THE LAND, BUILDINGS AND FACILITIES THAT  MAY  BE  USED  FOR  THE
PERMITTED ACTIVITIES OF THE REGISTERED ORGANIZATION; AND
  (IV)  SUCH  OTHER MATTERS AS THE COMMISSIONER SHALL REASONABLY PROVIDE
TO ASSURE COMPLIANCE WITH THIS TITLE.
  (E) UPON APPLICATION OF A REGISTERED ORGANIZATION, A REGISTRATION  MAY
BE  AMENDED  TO ALLOW THE REGISTERED ORGANIZATION TO RELOCATE WITHIN THE
STATE OR TO ADD OR DELETE PERMITTED REGISTERED  ORGANIZATION  ACTIVITIES
OR  FACILITIES.  THE  FEE  FOR SUCH AMENDMENT SHALL BE TWO HUNDRED FIFTY
DOLLARS.
  3. A REGISTRATION ISSUED UNDER THIS SECTION SHALL  BE  VALID  FOR  TWO
YEARS  FROM  THE  DATE  OF ISSUE, EXCEPT THAT IN ORDER TO FACILITATE THE
RENEWALS OF SUCH REGISTRATIONS, THE COMMISSIONER MAY  UPON  THE  INITIAL
APPLICATION  FOR  A  REGISTRATION,  ISSUE  SOME  REGISTRATIONS WHICH MAY
REMAIN VALID FOR A PERIOD OF TIME GREATER THAN TWO YEARS BUT NOT EXCEED-
ING AN ADDITIONAL ELEVEN MONTHS.
  4. APPLICATIONS FOR RENEWAL OF REGISTRATIONS. (A) AN  APPLICATION  FOR
THE RENEWAL OF ANY REGISTRATION ISSUED UNDER THIS SECTION SHALL BE FILED
WITH  THE  DEPARTMENT NOT MORE THAN SIX MONTHS NOR LESS THAN FOUR MONTHS
PRIOR TO THE  EXPIRATION  THEREOF.  A  LATE-FILED  APPLICATION  FOR  THE
RENEWAL OF A REGISTRATION MAY, IN THE DISCRETION OF THE COMMISSIONER, BE
TREATED AS AN APPLICATION FOR AN INITIAL LICENSE.
  (B)  THE  APPLICATION  FOR  RENEWAL  SHALL  INCLUDE  SUCH  INFORMATION
PREPARED IN THE MANNER AND  DETAIL  AS  THE  COMMISSIONER  MAY  REQUIRE,
INCLUDING BUT NOT LIMITED TO:
  (I)  ANY  MATERIAL  CHANGE  IN  THE CIRCUMSTANCES OR FACTORS LISTED IN
SUBDIVISION ONE OF THIS SECTION; AND
  (II) EVERY KNOWN CHARGE OR INVESTIGATION, PENDING OR CONCLUDED  DURING
THE  PERIOD OF THE REGISTRATION, BY ANY GOVERNMENTAL AGENCY WITH RESPECT
TO:
  (A) EACH INCIDENT OR ALLEGED INCIDENT INVOLVING THE  THEFT,  LOSS,  OR
POSSIBLE  DIVERSION  OF  MARIHUANA  MANUFACTURED  OR  DISTRIBUTED BY THE
APPLICANT; AND
  (B) COMPLIANCE BY THE APPLICANT  WITH  THE  LAWS  OF  THE  STATE  WITH
RESPECT  TO  ANY SUBSTANCE LISTED IN SECTION THIRTY-THREE HUNDRED SIX OF
THIS ARTICLE.
  (C) AN APPLICANT FOR RENEWAL SHALL  BE  UNDER  A  CONTINUING  DUTY  TO
REPORT  TO THE DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED
IN THE APPLICATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR  CIRCUM-
STANCE WHICH IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
  (D)  IF  THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT IS ENTI-
TLED TO A RENEWAL OF THE REGISTRATION, HE OR SHE SHALL WITHIN FORTY-FIVE
DAYS AFTER THE FILING OF THE APPLICATION SERVE UPON THE APPLICANT OR HIS
OR HER ATTORNEY OF RECORD IN PERSON OR BY REGISTERED OR  CERTIFIED  MAIL
AN  ORDER  DIRECTING THE APPLICANT TO SHOW CAUSE WHY HIS OR HER APPLICA-
TION FOR RENEWAL SHOULD NOT BE DENIED. THE ORDER SHALL SPECIFY IN DETAIL
THE RESPECTS IN WHICH THE APPLICANT HAS NOT SATISFIED  THE  COMMISSIONER
THAT THE REGISTRATION SHOULD BE RENEWED.
  (E)  WITHIN  THIRTY  DAYS  OF SERVICE OF SUCH ORDER, THE APPLICANT MAY
SUBMIT ADDITIONAL MATERIAL TO THE COMMISSIONER OR DEMAND  A  HEARING  OR
BOTH.  IF  A  HEARING  IS DEMANDED THE COMMISSIONER SHALL FIX A DATE FOR
HEARING NOT SOONER THAN FIFTEEN DAYS NOR LATER THAN  THIRTY  DAYS  AFTER
RECEIPT  OF  THE  DEMAND,  UNLESS  SUCH TIME LIMITATION IS WAIVED BY THE
APPLICANT.

S. 4406--C                         13

  5. GRANTING OF RENEWAL OF REGISTRATIONS. (A)  THE  COMMISSIONER  SHALL
RENEW A REGISTRATION UNLESS HE OR SHE DETERMINES AND FINDS THAT:
  (I)  THE  APPLICANT  IS  UNLIKELY  TO  MAINTAIN OR BE ABLE TO MAINTAIN
EFFECTIVE CONTROL AGAINST DIVERSION; OR
  (II) THE APPLICANT IS UNLIKELY TO COMPLY WITH ALL STATE LAWS  APPLICA-
BLE TO THE ACTIVITIES IN WHICH IT MAY ENGAGE UNDER THE REGISTRATION;
  (III)  IT  IS  NOT  IN  THE  PUBLIC INTEREST TO RENEW THE REGISTRATION
BECAUSE THE NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA  IS  EXCESSIVE
TO REASONABLY SERVE THE AREA; OR
  (IV)  THE  APPLICANT HAS EITHER VIOLATED OR TERMINATED ITS LABOR PEACE
AGREEMENT.
  (B) FOR PURPOSES OF THIS SECTION, PROOF THAT  A  REGISTERED  ORGANIZA-
TION,  DURING  THE  PERIOD  OF  ITS REGISTRATION, HAS FAILED TO MAINTAIN
EFFECTIVE CONTROL AGAINST DIVERSION  OR  HAS  KNOWINGLY  OR  NEGLIGENTLY
FAILED  TO  COMPLY WITH APPLICABLE STATE LAWS RELATING TO THE ACTIVITIES
IN WHICH IT ENGAGES UNDER THE REGISTRATION, SHALL CONSTITUTE SUBSTANTIAL
EVIDENCE THAT THE APPLICANT  WILL  BE  UNLIKELY  TO  MAINTAIN  EFFECTIVE
CONTROL  AGAINST DIVERSION OR WILL BE UNLIKELY TO COMPLY WITH THE APPLI-
CABLE STATE STATUTES DURING THE PERIOD OF PROPOSED RENEWAL.
  6. THE DEPARTMENT MAY SUSPEND  OR  TERMINATE  THE  REGISTRATION  OF  A
REGISTERED  ORGANIZATION,  ON  GROUNDS  AND  USING PROCEDURES UNDER THIS
ARTICLE RELATING TO A LICENSE, TO THE EXTENT CONSISTENT WITH THIS TITLE.
THE DEPARTMENT SHALL SUSPEND OR TERMINATE THE REGISTRATION IN THE  EVENT
THAT  A  REGISTERED  ORGANIZATION  VIOLATES OR TERMINATES THE APPLICABLE
LABOR PEACE AGREEMENT. CONDUCT IN COMPLIANCE WITH THIS TITLE, BUT  WHICH
MAY  VIOLATE CONFLICTING FEDERAL LAW, SHALL NOT BE GROUNDS TO SUSPEND OR
TERMINATE A REGISTRATION.
  7. A REGISTERED  ORGANIZATION  IS  ENTITLED  TO  ALL  OF  THE  RIGHTS,
PROTECTIONS, AND PROCEDURES PROVIDED TO A LICENSEE UNDER THIS ARTICLE.
  8.  THE  DEPARTMENT  SHALL  BEGIN ISSUING REGISTRATIONS FOR REGISTERED
ORGANIZATIONS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE  DATE  OF  THIS
SECTION.
  9.  THE  COMMISSIONER SHALL DETERMINE THE APPROPRIATE NUMBER OF REGIS-
TERED ORGANIZATIONS AND  FACILITIES  TO  PROMOTE  REASONABLE  ACCESS  TO
MEDICAL  MARIHUANA IN THE INTEREST OF CERTIFIED PATIENTS AND THE PUBLIC.
DURING THE FIRST TWO YEARS AFTER THIS TITLE TAKES  EFFECT,  THE  COMMIS-
SIONER  SHALL REGISTER NO MORE THAN TWENTY REGISTERED ORGANIZATIONS THAT
MANUFACTURE MEDICAL MARIHUANA.
  S 3366. EXPEDITED REGISTRATION OF REGISTERED ORGANIZATIONS.  1.    THE
PURPOSE OF THIS SECTION IS TO EXPEDITE THE AVAILABILITY OF MEDICAL MARI-
HUANA TO AVOID SUFFERING AND LOSS OF LIFE, DURING THE PERIOD BEFORE FULL
IMPLEMENTATION  OF  AND  PRODUCTION  UNDER THIS TITLE, ESPECIALLY IN THE
CASE OF PATIENTS WHOSE SERIOUS CONDITION IS PROGRESSIVE AND DEGENERATIVE
OR IS SUCH THAT DELAY IN THE PATIENT'S MEDICAL USE OF MARIHUANA POSES  A
SERIOUS  RISK  TO  THE  PATIENT'S LIFE OR HEALTH. THE COMMISSIONER SHALL
IMPLEMENT THIS SECTION AS EXPEDITIOUSLY AS POSSIBLE, INCLUDING BY  EMER-
GENCY REGULATION.
  2.  THE  DEPARTMENT  SHALL  BEGIN ACCEPTING AND ACTING ON APPLICATIONS
UNDER THIS SECTION FOR REGISTERED ORGANIZATIONS NO LATER THAN SIXTY DAYS
AFTER THE EFFECTIVE DATE OF THIS TITLE.
  3. FOR THE PURPOSES OF THIS SECTION, AND FOR SPECIFIED LIMITED  TIMES,
THE  COMMISSIONER  MAY  WAIVE OR MODIFY THE REQUIREMENTS OF THIS ARTICLE
RELATING TO REGISTERED ORGANIZATIONS, CONSISTENT  WITH  THE  LEGISLATIVE
INTENT  AND  PURPOSE  OF THIS TITLE AND THIS SECTION. WHERE A REGISTERED
ORGANIZATION OPERATES IN A JURISDICTION OTHER  THAN  THE  STATE  OF  NEW
YORK,  UNDER  LICENSURE OR OTHER GOVERNMENTAL RECOGNITION OF THAT JURIS-

S. 4406--C                         14

DICTION, AND THE LAWS OF THAT JURISDICTION ARE ACCEPTABLE TO THE COMMIS-
SIONER AS CONSISTENT WITH THE LEGISLATIVE INTENT  AND  PURPOSE  OF  THIS
TITLE  AND THIS SECTION, THEN THE COMMISSIONER MAY ACCEPT THAT LICENSURE
OR  RECOGNITION  AS  WHOLLY  OR PARTIALLY SATISFYING THE REQUIREMENTS OF
THIS TITLE, FOR PURPOSES OF THE REGISTRATION AND OPERATION OF THE REGIS-
TERED ORGANIZATION UNDER THIS SECTION.
  4. IN CONSIDERING APPLICATIONS UNDER THIS  SECTION  FOR  REGISTRATION,
THE COMMISSIONER SHALL GIVE PREFERENCE TO THE FOLLOWING:
  (A)  APPLICANTS  THAT  ARE  CURRENTLY PRODUCING OR PROVIDING OR HAVE A
HISTORY OF PRODUCING OR PROVIDING MEDICAL MARIHUANA IN  OTHER  JURISDIC-
TIONS IN FULL COMPLIANCE WITH THE LAWS OF THE JURISDICTION;
  (B)  APPLICANTS  THAT ARE ABLE AND QUALIFIED TO BOTH PRODUCE, DISTRIB-
UTE, AND DISPENSE MEDICAL MARIHUANA TO PATIENTS EXPEDITIOUSLY;
  (C) APPLICANTS THAT PROPOSE LOCATIONS FOR DISPENSING BY THE REGISTERED
ORGANIZATION, WHICH ENSURE, TO THE GREATEST EXTENT POSSIBLE, THAT CERTI-
FIED PATIENTS THROUGHOUT THE STATE HAVE ACCESS TO A REGISTERED ORGANIZA-
TION.
  5. THE COMMISSIONER  MAY  LIMIT  REGISTERED  ORGANIZATIONS  REGISTERED
UNDER THIS SECTION TO SERVING PATIENTS WITH SPECIAL CERTIFICATIONS.
  6.  A  REGISTERED ORGANIZATION REGISTERED UNDER THIS SECTION MAY APPLY
UNDER SECTION THIRTY-THREE HUNDRED SIXTY-FIVE OF THIS TITLE  TO  RECEIVE
OR RENEW REGISTRATION.
  S  3367.  REPORTS  BY  REGISTERED  ORGANIZATIONS.  1. THE COMMISSIONER
SHALL, BY REGULATION,  REQUIRE  EACH  REGISTERED  ORGANIZATION  TO  FILE
REPORTS  BY THE REGISTERED ORGANIZATION DURING A PARTICULAR PERIOD.  THE
COMMISSIONER SHALL DETERMINE THE INFORMATION  TO  BE  REPORTED  AND  THE
FORMS, TIME, AND MANNER OF THE REPORTING.
  2.  THE  COMMISSIONER  SHALL,  BY  REGULATION, REQUIRE EACH REGISTERED
ORGANIZATION TO ADOPT AND MAINTAIN SECURITY, TRACKING,  RECORD  KEEPING,
RECORD RETENTION AND SURVEILLANCE SYSTEMS, RELATING TO ALL MEDICAL MARI-
HUANA AT EVERY STAGE OF ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIV-
ERY,  TRANSPORTING, DISTRIBUTING, OR DISPENSING BY THE REGISTERED ORGAN-
IZATION, SUBJECT TO REGULATIONS OF THE COMMISSIONER.
  S 3368. EVALUATION; RESEARCH PROGRAMS; REPORT BY  DEPARTMENT.  1.  THE
COMMISSIONER  MAY  PROVIDE FOR THE ANALYSIS AND EVALUATION OF THE OPERA-
TION OF THIS TITLE. THE COMMISSIONER MAY ENTER INTO AGREEMENTS WITH  ONE
OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS OR OTHER ORGANIZATIONS, FOR
THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTATION AND EFFECTIVENESS
OF THIS TITLE.
  2.  THE  DEPARTMENT  MAY  DEVELOP, SEEK ANY NECESSARY FEDERAL APPROVAL
FOR, AND CARRY OUT RESEARCH PROGRAMS RELATING TO MEDICAL USE OF MARIHUA-
NA.  PARTICIPATION IN ANY SUCH RESEARCH PROGRAM SHALL  BE  VOLUNTARY  ON
THE PART OF PRACTITIONERS, PATIENTS, AND DESIGNATED CAREGIVERS.
  3.  THE  DEPARTMENT  SHALL REPORT EVERY TWO YEARS, BEGINNING TWO YEARS
AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA-
TURE ON THE MEDICAL USE OF MARIHUANA UNDER THIS TITLE AND MAKE APPROPRI-
ATE RECOMMENDATIONS.
  S 3369. RELATION TO OTHER LAWS. 1. (A) THE PROVISIONS OF THIS  ARTICLE
SHALL  APPLY  TO THIS TITLE, EXCEPT THAT WHERE A PROVISION OF THIS TITLE
CONFLICTS WITH ANOTHER PROVISION  OF  THIS  ARTICLE,  THIS  TITLE  SHALL
APPLY.
  (B)  MEDICAL MARIHUANA SHALL NOT BE DEEMED TO BE A "DRUG" FOR PURPOSES
OF ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW.
  2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE OR PROHIBIT  AN
INSURER  OR  HEALTH  PLAN  UNDER  THIS  CHAPTER  OR THE INSURANCE LAW TO
PROVIDE COVERAGE FOR MEDICAL MARIHUANA. NOTHING IN THIS TITLE  SHALL  BE

S. 4406--C                         15

CONSTRUED  TO REQUIRE COVERAGE FOR MEDICAL MARIHUANA UNDER ARTICLE TWEN-
TY-FIVE OF THIS CHAPTER OR ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
  3.  A  PERSON  OR  ENTITY  SHALL  NOT  BE SUBJECT TO CRIMINAL OR CIVIL
LIABILITY OR PROFESSIONAL DISCIPLINE FOR ACTING REASONABLY AND  IN  GOOD
FAITH PURSUANT TO THIS TITLE.
  S  3369-A. PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA. 1.  CERTIFIED
PATIENTS, DESIGNATED CAREGIVERS, PRACTITIONERS, REGISTERED ORGANIZATIONS
AND THE EMPLOYEES OF REGISTERED ORGANIZATIONS SHALL NOT  BE  SUBJECT  TO
ARREST,  PROSECUTION,  OR  PENALTY IN ANY MANNER, OR DENIED ANY RIGHT OR
PRIVILEGE, INCLUDING BUT NOT LIMITED TO CIVIL  PENALTY  OR  DISCIPLINARY
ACTION  BY A BUSINESS OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD OR
BUREAU, SOLELY FOR THE CERTIFIED MEDICAL USE OR MANUFACTURE OF  MARIHUA-
NA,  OR  FOR  ANY OTHER ACTION OR CONDUCT IN ACCORDANCE WITH THIS TITLE.
STATE OR LOCAL LAW ENFORCEMENT AGENCIES  SHALL  NOT  COOPERATE  WITH  OR
PROVIDE  ASSISTANCE TO THE GOVERNMENT OF THE UNITED STATES OR ANY AGENCY
THEREOF IN ENFORCING THE CONTROLLED SUBSTANCES ACT, 21 U.S.C. S 801  ET.
SEQ.,  SOLELY FOR ACTIONS AND CONDUCT CONSISTENT WITH THIS TITLE, EXCEPT
AS PURSUANT TO A VALID COURT ORDER.
  2. INCIDENTAL AMOUNT OF MARIHUANA. ANY  INCIDENTAL  AMOUNT  OF  SEEDS,
STALKS,  AND  UNUSABLE ROOTS SHALL NOT BE INCLUDED IN THE AMOUNTS SPECI-
FIED IN SUBDIVISION ONE OF SECTION  THIRTY-THREE  HUNDRED  SIXTY-TWO  OF
THIS TITLE.
  3.  SCHOOL,  EMPLOYER,  OR  LANDLORD  MAY  NOT DISCRIMINATE. A SCHOOL,
EMPLOYER, OR LANDLORD MAY NOT REFUSE TO ENROLL OR EMPLOY OR LEASE TO  OR
OTHERWISE  PENALIZE A PERSON SOLELY FOR THAT PERSON'S STATUS AS A CERTI-
FIED PATIENT OR DESIGNATED CAREGIVER UNLESS FAILING TO DO SO  WOULD  PUT
THE  SCHOOL,  EMPLOYER, OR LANDLORD IN VIOLATION OF FEDERAL LAW OR CAUSE
IT TO LOSE A FEDERAL CONTRACT OR FUNDING.
  4. PERSON MAY NOT BE DENIED MEDICAL CARE, INCLUDING ORGAN  TRANSPLANT.
FOR  THE  PURPOSES  OF  MEDICAL  CARE,  INCLUDING  ORGAN  TRANSPLANTS, A
PATIENT'S MEDICAL USE OF MARIHUANA SHALL NOT CONSTITUTE THE  USE  OF  AN
ILLICIT   SUBSTANCE   AND   MAY  ONLY  BE  CONSIDERED  WITH  RESPECT  TO
EVIDENCE-BASED CLINICAL CRITERIA.
  5. PERSON MAY NOT BE DENIED CUSTODY OR VISITATION OF MINOR.  A  PERSON
SHALL  NOT  BE  DENIED  CUSTODY  OR  VISITATION OF A MINOR FOR ACTING IN
ACCORDANCE WITH THIS TITLE UNLESS THE PERSON'S BEHAVIOR IS SUCH THAT  IT
CREATES  AN  UNREASONABLE DANGER TO THE MINOR THAT CAN BE CLEARLY ARTIC-
ULATED AND SUBSTANTIATED.
  6. EFFECT OF REGISTRY IDENTIFICATION CARD ISSUED BY ANOTHER  JURISDIC-
TION.  A REGISTRY IDENTIFICATION CARD, OR ITS EQUIVALENT, THAT IS ISSUED
UNDER THE LAWS OF ANOTHER STATE, DISTRICT, TERRITORY,  COMMONWEALTH,  OR
POSSESSION OF THE UNITED STATES THAT ALLOWS THE MEDICAL USE OF MARIHUANA
HAS  THE  SAME FORCE AND EFFECT AS A REGISTRY IDENTIFICATION CARD ISSUED
BY THE DEPARTMENT, SO LONG AS THE  VISITING  PATIENT'S  CONDITION  IS  A
SERIOUS  CONDITION, AS ATTESTED TO IN WRITING BY A PRACTITIONER. WHERE A
REGISTERED ORGANIZATION DISPENSES MEDICAL MARIHUANA TO A  PATIENT  UNDER
THIS  SUBDIVISION,  A  COPY  OF THE ATTESTATION SHALL BE PROVIDED TO THE
REGISTERED ORGANIZATION.
  S 3369-B. REGULATIONS. 1. THE COMMISSIONER SHALL MAKE  REGULATIONS  TO
IMPLEMENT THIS TITLE.
  2.   ADVISORY COMMITTEE. THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT
AN ADVISORY COMMITTEE ON MEDICAL USE OF MARIHUANA (THE "ADVISORY COMMIT-
TEE") TO ADVISE THE COMMISSIONER ON MAKING REGULATIONS UNDER THIS  TITLE
AND  ON  ANY MATTERS RELATING TO THE IMPLEMENTATION OF THIS TITLE AS THE
COMMISSIONER SHALL DETERMINE. THE ADVISORY COMMITTEE  SHALL  CONSIST  OF
TWELVE MEMBERS. THE MEMBERS OF THE ADVISORY COMMITTEE SHALL BE APPOINTED

S. 4406--C                         16

AS  FOLLOWS: FIVE TO BE APPOINTED BY THE GOVERNOR, THREE TO BE APPOINTED
BY THE GOVERNOR ON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF  THE
SENATE,  THREE  TO BE APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF
THE  SPEAKER OF THE ASSEMBLY, AND ONE TO BE APPOINTED BY THE GOVERNOR ON
THE RECOMMENDATION OF THE ATTORNEY GENERAL OF THE STATE OF NEW YORK. THE
ADVISORY COMMITTEE SHALL INCLUDE BUT NOT  BE  LIMITED  TO:  HEALTH  CARE
PRACTITIONERS,  PATIENTS  OR  REPRESENTATIVES  OF  PATIENTS WITH SERIOUS
CONDITIONS, EXPERTS IN  THE  REGULATION  OF  CONTROLLED  SUBSTANCES  FOR
MEDICAL  USE,  MEDICAL MARIHUANA INDUSTRY PROFESSIONALS AND LAW ENFORCE-
MENT.  THE ADVISORY COMMITTEE SHALL BE  RESPONSIBLE  FOR  REVIEWING  THE
APPEAL  OF  ANY PATIENT OR CAREGIVER WHOSE REGISTRY APPLICATION HAS BEEN
DENIED BY THE DEPARTMENT. THE ADVISORY COMMITTEE SHALL MAKE  RECOMMENDA-
TIONS  REGARDING ANY SUCH APPEAL TO THE COMMISSIONER, WHO SHALL MAKE THE
FINAL DETERMINATION. THE ADVISORY COMMITTEE SHALL  ALSO  BE  RESPONSIBLE
FOR  MAKING RECOMMENDATIONS TO THE COMMISSIONER ON EXPANDING OR RETRACT-
ING THE CATEGORIES OF DISEASES TO BE CONSIDERED SERIOUS  CONDITIONS  FOR
PURPOSES  OF  THIS TITLE, AND THE COMMISSIONER SHALL HAVE THE ABILITY TO
EXPAND OR RETRACT THE CATEGORIES OF DISEASES TO  BE  CONSIDERED  SERIOUS
CONDITIONS  FOR  PURPOSES  OF THIS TITLE. THE COMMISSIONER MAY ALSO FORM
SUBCOMMITTEES OF THE ADVISORY COMMITTEE. THE COMMISSIONER SHALL  FORM  A
SUBCOMMITTEE  TO  ASSIST  AND  ADVISE  THE COMMISSIONER AND THE ADVISORY
COMMITTEE ON CLINICAL MATTERS RELATING TO MEDICAL  MARIHUANA,  INCLUDING
BUT NOT LIMITED TO EXPANDING OR RETRACTING THE CATEGORIES OF DISEASES TO
BE CONSIDERED SERIOUS CONDITIONS FOR PURPOSES OF THIS TITLE, THE MEMBERS
OF  WHICH  SHALL  PREDOMINANTLY BE CLINICAL PROFESSIONALS IN APPROPRIATE
AREAS OF EXPERTISE AND SHALL ALSO INCLUDE  REPRESENTATIVES  OF  PATIENTS
AND THE GENERAL PUBLIC. MEMBERS OF A SUBCOMMITTEE NEED NOT BE MEMBERS OF
THE  ADVISORY  COMMITTEE.  MEMBERS OF THE ADVISORY COMMITTEE SHALL SERVE
FOR A TERM OF FOUR YEARS. MEMBERS OF A SUBCOMMITTEE SHALL SERVE  AT  THE
PLEASURE  OF  THE  COMMISSIONER.  MEMBERS OF THE ADVISORY COMMITTEE OR A
SUBCOMMITTEE MAY RECEIVE  REIMBURSEMENT  BY  THE  DEPARTMENT  FOR  THEIR
REASONABLE  AND  NECESSARY  EXPENSES INCURRED AS MEMBERS OF THE ADVISORY
COMMITTEE OR A SUBCOMMITTEE. A PUBLIC EMPLOYEE MAY BE A  MEMBER  OF  THE
ADVISORY COMMITTEE OR A SUBCOMMITTEE.
  S 3369-C. SEVERABILITY. IF ANY PROVISION OF THIS TITLE OR THE APPLICA-
TION  THEREOF  TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, SUCH INVA-
LIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF  THIS  TITLE
WHICH  CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION,
AND TO THIS END THE PROVISIONS OF THIS TITLE ARE SEVERABLE.
  S 3. Section 3343-a of the public health law is amended  by  adding  a
new subdivision 8-a to read as follows:
  8-A.  MEDICAL  MARIHUANA.  AS  USED  IN  ANY PROVISION OF THIS ARTICLE
RELATING TO THE PRESCRIPTION MONITORING PROGRAM REGISTRY, THE  FOLLOWING
TERMS  SHALL  INCLUDE THE FOLLOWING IN RELATION TO MEDICAL MARIHUANA, IN
ADDITION TO THE MEANING EACH TERM WOULD OTHERWISE HAVE:
  (A) "PRESCRIPTION," "PRESCRIBE," AND  "PRESCRIBER,"  INCLUDE,  RESPEC-
TIVELY,  A  CERTIFICATION, THE ISSUING OF A CERTIFICATION, AND A PRACTI-
TIONER UNDER TITLE FIVE-A OF THIS ARTICLE.
  (B) "PHARMACY" INCLUDES A REGISTERED ORGANIZATION THAT  IS  AUTHORIZED
TO  DISPENSE  MEDICAL  MARIHUANA  UNDER  TITLE  FIVE-A  OF THIS ARTICLE;
PROVIDED THAT A REGISTERED ORGANIZATION THAT IS NOT A FACILITY  LICENSED
UNDER  ARTICLE  TWENTY-EIGHT OF THIS CHAPTER OR A PHARMACY UNDER ARTICLE
ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW SHALL ONLY  BE  AUTHORIZED
TO  CONSULT THE REGISTRY OR ACCESS PATIENT-SPECIFIC INFORMATION FROM THE
REGISTRY (INCLUDING UNDER SUBDIVISION THREE OF THIS SECTION AND SUBDIVI-
SION TWO OF SECTION THIRTY-THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE) IN

S. 4406--C                         17

DIRECT RELATION TO MEDICAL MARIHUANA, BUT SHALL  REPORT  INFORMATION  TO
THE  REGISTRY,  INCLUDING UNDER SUBDIVISION FOUR OF SECTION THIRTY-THREE
HUNDRED THIRTY-THREE OF THIS ARTICLE.
  (C)  "PATIENT-SPECIFIC INFORMATION," IN RELATION TO MEDICAL MARIHUANA,
SHALL NOT INCLUDE INFORMATION NOT REQUIRED TO BE INCLUDED IN  A  CERTIF-
ICATION UNDER TITLE FIVE-A OF THIS ARTICLE.
  (D)  "CONTROLLED  SUBSTANCE" INCLUDES MEDICAL MARIHUANA, REGARDLESS OF
WHETHER THE PROVISION IN WHICH THE TERM IS FOUND IS LIMITED TO SCHEDULES
OTHER THAN SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THIS  ARTI-
CLE.
  (E)  "MEDICAL MARIHUANA" MEANS MEDICAL MARIHUANA UNDER TITLE FIVE-A OF
THIS ARTICLE.
  S 4. The tax law is amended by adding a new article 20-B  to  read  as
follows:
                              ARTICLE 20-B
                        TAX ON MEDICAL MARIHUANA
SECTION 490. EXCISE TAX ON MEDICAL MARIHUANA.
  S  490.  EXCISE  TAX ON MEDICAL MARIHUANA. 1. ALL DEFINITIONS OF TERMS
APPLICABLE TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC  HEALTH
LAW SHALL APPLY TO THIS ARTICLE.
  2.  THERE  IS HEREBY LEVIED AND IMPOSED ON REGISTERED ORGANIZATIONS AN
EXCISE TAX ON ALL MEDICAL MARIHUANA SOLD TO ANOTHER REGISTERED ORGANIZA-
TION OR TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER. THE  EXCISE  TAX
SHALL BE AT THE RATE OF SEVEN PERCENT OF THE RETAIL PRICE OF THE MEDICAL
MARIHUANA DISPENSED.
  3.  TWENTY-TWO  AND FIVE-TENTHS PERCENT OF THE REVENUE RECEIVED BY THE
DEPARTMENT SHALL BE TRANSFERRED TO THE COUNTY IN NEW YORK STATE IN WHICH
THE MEDICAL MARIHUANA WAS MANUFACTURED AND  TWENTY-TWO  AND  FIVE-TENTHS
PERCENT  OF  THE REVENUE RECEIVED BY THE DEPARTMENT SHALL BE TRANSFERRED
TO THE COUNTY IN NEW YORK STATE  IN  WHICH  THE  MEDICAL  MARIHUANA  WAS
DISPENSED.  FOR  PURPOSES OF THE PREVIOUS SENTENCE, THE CITY OF NEW YORK
SHALL BE DEEMED TO BE A COUNTY.  FIVE PERCENT OF THE REVENUE RECEIVED BY
THE DEPARTMENT SHALL BE TRANSFERRED TO  THE  OFFICE  OF  ALCOHOLISM  AND
SUBSTANCE  ABUSE  SERVICES,  WHICH SHALL USE THAT REVENUE FOR ADDITIONAL
DRUG ABUSE PREVENTION, COUNSELING AND TREATMENT SERVICES.  FIVE  PERCENT
OF  THE  REVENUE  RECEIVED BY THE DEPARTMENT SHALL BE TRANSFERRED TO THE
DIVISION OF CRIMINAL JUSTICE SERVICES, WHICH SHALL USE THAT REVENUE  FOR
A  PROGRAM  OF  DISCRETIONARY  GRANTS TO STATE AND LOCAL LAW ENFORCEMENT
AGENCIES THAT DEMONSTRATE A NEED RELATING TO  TITLE  FIVE-A  OF  ARTICLE
THIRTY-THREE  OF  THE  PUBLIC  HEALTH LAW. SAID GRANTS COULD BE USED FOR
PERSONNEL COSTS OF STATE AND LOCAL LAW ENFORCEMENT AGENCIES.
  4. A REGISTERED ORGANIZATION THAT DISPENSES  MEDICAL  MARIHUANA  SHALL
PROVIDE TO THE DEPARTMENT INFORMATION ON WHERE THE MEDICAL MARIHUANA WAS
DISPENSED AND WHERE THE MEDICAL MARIHUANA WAS MANUFACTURED. A REGISTERED
ORGANIZATION THAT OBTAINS MARIHUANA FROM ANOTHER REGISTERED ORGANIZATION
SHALL  OBTAIN FROM SUCH REGISTERED ORGANIZATION INFORMATION ON WHERE THE
MEDICAL MARIHUANA WAS MANUFACTURED.
  5. THE COMMISSIONER SHALL MAKE REGULATIONS TO IMPLEMENT THIS ARTICLE.
  S 5. Section 853 of the general business law is amended  by  adding  a
new subdivision 3 to read as follows:
  3.  THIS ARTICLE SHALL NOT APPLY TO ANY SALE, FURNISHING OR POSSESSION
WHICH IS FOR A LAWFUL PURPOSE UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE
OF THE PUBLIC HEALTH LAW.
  S 6. Section 221.00 of the penal law, as added by chapter 360  of  the
laws of 1977, is amended to read as follows:
S 221.00 Marihuana; definitions.

S. 4406--C                         18

  Unless  the context in which they are used clearly otherwise requires,
the terms occurring in this article shall have the same meaning ascribed
to them in article two hundred twenty of this chapter.  ANY ACT THAT  IS
LAWFUL  UNDER  TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH
LAW IS NOT A VIOLATION OF THIS ARTICLE.
  S 7. This act shall take effect immediately.