NY State Senate Bill 2017-S8191

Senate Bill S8191

2017-2018 Legislative Session

Permits the administration of medical marihuana to students while at school and individuals with developmental disabilities while receiving services at a facility

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 21, 2018	print number 8191a
May 21, 2018	amend (t) and recommit to education
Apr 17, 2018	referred to education

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S8191 - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §923, Ed L; add §13.44, Ment Hyg L
Versions Introduced in 2019-2020 Legislative Session:: S219

2017-S8191 - Summary

Relates to permitting the administration of medical marihuana to students while on school grounds, aboard a school bus, or while attending a school-sponsored event and to individuals with developmental disabilities while receiving services at a facility, provided that such administration is authorized by title 5-a of article 33 of the public health law.

2017-S8191 - Sponsor Memo

                                
 
BILL NUMBER: S8191

SPONSOR: BENJAMIN
 
PURPOSE:

To ensure that children with developmental disabilities are able to
receive therapeutic medical marihuana at schools and mental health care
facilities.

 
SUMMARY OF PROVISIONS:

Requires public and non-public schools and mental health care facilities
to develop policies that ensure that developmentally disabled children
are able to receive medical marihuana for therapeutic purposes.

 
EXISTING LAW:

Current law does not require such policies of schools or mental health
care facilities.

JUSTIFICATION:

Five-year-old Aiden Tanshin Stephen has Generalized Epilepsy. At two
years of age, Aiden suffered between 100-200 seizures per day. After
beginning a therapy of full spectrum cannabidiol (CBD) tincture three
times a day, the number of his seizures has dropped dramatically to 5-10
per month. However, one of his dosages needs to be administered in the
middle of the day, but school nurses are hesitant to administer this
drug. This means that Aiden's caregivers, usually his parents, must go
to Aiden's school daily to administer this therapy.

With widespread confusion about the use of medical marihuana in New York
State, schools and mental health care facilities have been reluctant to
ensure that children with developmental disabilities requiring therapeu-
tic medical marihuana get this medical treatment.  As a result, parents
of these children are often forced into protracted and difficult negoti-
ations with administrators at schools and mental health care facilities
that are often reluctant to enter into an administrative gray area. This
creates undue delay and hardship for parents and their developmentally
disabled children.

This bill clarifies for administrators that not only is medical marihua-
na therapy legal but that schools will be required to have a policy in
place for the administration of the medical marihuana therapies, remov-
ing an obstacle that parents face in their pursuit of providing for the
health and wellbeing of their children.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Upon signature by the Governor.

2017-S8191 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8191
 
                             I N  S E N A T E
 
                              April 17, 2018
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the  education  law  and  the  mental  hygiene  law,  in
   relation  to  permitting  the  administration  of medical marihuana to
   students while at school and to individuals with  developmental  disa-
   bilities while receiving services at a facility

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known as and may be cited  as  "Tanshin's
 Law".
   §  2. The education law is amended by adding a new section 923 to read
 as follows:
   § 923. ADMINISTRATION OF MEDICAL MARIHUANA. 1. A BOARD OF EDUCATION OR
 CHIEF SCHOOL ADMINISTRATOR OF ALL PUBLIC  AND  NONPUBLIC  SCHOOLS  SHALL
 DEVELOP  AND  EXECUTE  A  POLICY  AUTHORIZING PARENTS, GUARDIANS, FOSTER
 PARENTS, PRIMARY CAREGIVERS, SCHOOL NURSES, NURSES  FROM  NURSING  AGEN-
 CIES,  HEALTH PARAPROFESSIONALS AND ANY OTHER INDIVIDUAL DESIGNATED AS A
 CAREGIVER OF A CERTIFIED PATIENT TO ADMINISTER MEDICAL  MARIHUANA  TO  A
 STUDENT  WHILE THE STUDENT IS ON SCHOOL GROUNDS, ABOARD A SCHOOL BUS, OR
 ATTENDING A SCHOOL-SPONSORED EVENT AS  AUTHORIZED  BY  TITLE  FIVE-A  OF
 ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
   2. A POLICY ADOPTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL,
 AT A MINIMUM:
   A. REQUIRE THAT THE STUDENT BE AUTHORIZED TO ENGAGE IN THE MEDICAL USE
 OF  MEDICAL  MARIHUANA  AND  THAT  THE  PARENT, GUARDIAN, FOSTER PARENT,
 PRIMARY CAREGIVER, SCHOOL NURSE, NURSE FROM  A  NURSING  AGENCY,  HEALTH
 PARAPROFESSIONAL, OR ANY OTHER INDIVIDUAL DESIGNATED AS A CAREGIVER OF A
 CERTIFIED  PATIENT  BE AUTHORIZED TO ASSIST THE STUDENT WITH THE MEDICAL
 USE OF MARIHUANA PURSUANT TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE
 PUBLIC HEALTH LAW;
   B. ESTABLISH PROTOCOLS FOR VERIFYING THE REGISTRATION STATUS AND ONGO-
 ING AUTHORIZATION CONCERNING THE MEDICAL USE OF  MARIHUANA  PURSUANT  TO
 TITLE  FIVE-A  OF  ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW FOR THE
 STUDENT AND THE PARENT, GUARDIAN, PRIMARY CAREGIVER, OR SCHOOL NURSE;
   C. EXPRESSLY AUTHORIZE PARENTS,  GUARDIANS,  FOSTER  PARENTS,  PRIMARY
 CAREGIVERS, SCHOOL NURSES, NURSES FROM NURSING AGENCIES, HEALTH PARAPRO-

 FESSIONALS  AND  ANY  OTHER  INDIVIDUAL  DESIGNATED  AS A CAREGIVER OF A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD18312-07-8

 S. 8191                             2

 CERTIFIED PATIENT OF STUDENTS WHO HAVE BEEN AUTHORIZED FOR  THE  MEDICAL
 USE  OF  MARIHUANA  TO ADMINISTER MEDICAL MARIHUANA TO THE STUDENT WHILE
 THE STUDENT IS ON SCHOOL GROUNDS, ABOARD A SCHOOL BUS,  OR  ATTENDING  A
 SCHOOL-SPONSORED EVENT;
   D. IDENTIFY LOCATIONS ON SCHOOL GROUNDS WHERE MEDICAL MARIHUANA MAY BE
 ADMINISTERED; AND
   E.  PROHIBIT  THE  ADMINISTRATION OF MEDICAL MARIHUANA TO A STUDENT BY
 SMOKING WHILE THE STUDENT IS ON SCHOOL GROUNDS, ABOARD A SCHOOL BUS,  OR
 ATTENDING A SCHOOL-SPONSORED EVENT.
   3.  MEDICAL  MARIHUANA  MAY  BE  ADMINISTERED  TO  A STUDENT WHILE THE
 STUDENT IS ON SCHOOL GROUNDS, ABOARD A SCHOOL BUS, OR ATTENDING  SCHOOL-
 SPONSORED  EVENTS,  PROVIDED THAT SUCH ADMINISTRATION IS CONSISTENT WITH
 THE REQUIREMENTS OF THE POLICY ADOPTED PURSUANT TO THIS SECTION AND  THE
 PROVISIONS  OF TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH
 LAW.
   § 3. The mental hygiene law is amended by adding a new  section  13.44
 to read as follows:
 § 13.44 ADMINISTRATION OF MEDICAL MARIHUANA AT FACILITIES.
   1.  THE  CHIEF  ADMINISTRATOR  OF  A FACILITY THAT OFFERS SERVICES FOR
 INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES OPERATED, LICENSED OR CERTI-
 FIED BY THE OFFICE SHALL DEVELOP AND  EXECUTE  A  POLICY  AUTHORIZING  A
 PARENT, GUARDIAN, OR PRIMARY CAREGIVER AUTHORIZED TO ASSIST A QUALIFYING
 PATIENT  WITH  THE  USE OF MEDICAL MARIHUANA PURSUANT TO TITLE FIVE-A OF
 ARTICLE THIRTY-THREE OF THE PUBLIC  HEALTH  LAW  TO  ADMINISTER  MEDICAL
 MARIHUANA  TO A PERSON WHO IS RECEIVING SERVICES FOR PERSONS WITH DEVEL-
 OPMENTAL DISABILITIES AT THE FACILITY.
   2. A POLICY ADOPTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL,
 AT A MINIMUM:
   A. REQUIRE THE PERSON RECEIVING SERVICES TO BE  A  QUALIFYING  PATIENT
 AUTHORIZED FOR THE USE OF MEDICAL MARIHUANA AND THAT THE PARENT, GUARDI-
 AN,  OR  PRIMARY  CAREGIVER  BE AUTHORIZED TO ASSIST THE PERSON WITH THE
 MEDICAL USE OF MARIHUANA PURSUANT TO TITLE  FIVE-A  OF  ARTICLE  THIRTY-
 THREE OF THE PUBLIC HEALTH LAW;
   B. ESTABLISH PROTOCOLS FOR VERIFYING THE REGISTRATION STATUS AND ONGO-
 ING  AUTHORIZATION  CONCERNING  THE MEDICAL USE OF MARIHUANA PURSUANT TO
 TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH  LAW  FOR  THE
 PERSON AND THE PARENT, GUARDIAN, OR PRIMARY CAREGIVER;
   C.  EXPRESSLY  AUTHORIZE PARENTS, GUARDIANS, AND PRIMARY CAREGIVERS TO
 ADMINISTER MEDICAL  MARIHUANA  TO  THE  PERSON  RECEIVING  SERVICES  FOR
 PERSONS  WITH  DEVELOPMENTAL  DISABILITIES  WHILE  THE  PERSON IS AT THE
 FACILITY; AND
   D. IDENTIFY LOCATIONS AT THE FACILITY WHERE MEDICAL MARIHUANA  MAY  BE
 ADMINISTERED.
   3.  MEDICAL  MARIHUANA  MAY  BE  ADMINISTERED  TO  A  PERSON RECEIVING
 SERVICES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES AT A FACILITY  THAT
 OFFERS  SUCH  SERVICES  WHICH  IS OPERATED, LICENSED OR CERTIFIED BY THE
 OFFICE WHILE SUCH PERSON IS AT THE FACILITY, PROVIDED THAT SUCH ADMINIS-
 TRATION IS CONSISTENT WITH THE REQUIREMENTS OF THE POLICY ADOPTED PURSU-
 ANT TO THIS SECTION AND THE PROVISIONS OF TITLE FIVE-A OF ARTICLE  THIR-
 TY-THREE OF THE PUBLIC HEALTH LAW.
   4.  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO AUTHORIZE MEDICAL
 MARIHUANA TO BE SMOKED IN ANY PLACE WHERE SMOKING IS PROHIBITED PURSUANT
 TO ARTICLE THIRTEEN-E OF THE PUBLIC HEALTH LAW.
   § 4. This act shall take effect immediately.

co-Sponsors

2017-S8191A (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §923, Ed L; add §13.44, Ment Hyg L
Versions Introduced in 2019-2020 Legislative Session:: S219

2017-S8191A (ACTIVE) - Summary

2017-S8191A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8191A

SPONSOR: BENJAMIN
 
TITLE OF BILL:  An act to amend the education law, the public health
law and the mental hygiene law, in relation to permitting the adminis-
tration of medical marihuana to students while at school and to individ-
uals with developmental disabilities while receiving services at a
facility

 
PURPOSE:

To ensure that children with developmental disabilities are able to
receive therapeutic medical marihuana at schools and mental health care
facilities.

 
SUMMARY OF PROVISIONS:

Allows public and non-public schools and mental health care facilities
to administer medical marihuana for therapeutic purposes, at their
option. Any such institution that chooses do to so, must develop a plan
to do so.

 
EXISTING LAW:

Current law does not require such policies of schools or mental health
care facilities.

 
JUSTIFICATION:

Five-year-old Aiden Tanshin Stephen has Generalized Epilepsy. At two
years of age, Aiden suffered between 100-200 seizures per day. After
beginning a therapy of full spectrum cannabidiol (CBD) tincture three
times a day, the number of his seizures has dropped dramatically to 5-10
per month. However, one of his dosages needs to be administered in the
middle of the day, but school nurses are hesitant to administer this
drug. This means that Aiden's caregivers, usually his parents, must go
to Aiden's school daily to administer this therapy.

With widespread confusion about the use of medical marihuana in New York
State, schools and mental health care facilities have been reluctant to
ensure that children with developmental disabilities requiring therapeu-
tic medical marihuana get this medical treatment.  As a result, parents
of these children are often forced into protracted and difficult negoti-
ations with administrators at schools and mental health care facilities
that are often reluctant to enter into an administrative gray area. This
creates undue delay and hardship for parents and their developmentally
disabled children.

This bill clarifies for administrators that not only is medical marihua-
na therapy legal, but that if they should choose to participate in such
a program, they must develop a clear and open policy in place for the
administration of the medical marihuana therapies, easing the obstacles
that parents face in their pursuit of providing for the health and
wellbeing of their children.

 
LEGISLATIVE HISTORY:

New bill introduced on 4/17/18. This amendment makes participation
optional for institutions and allows for three caregivers.
 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Upon signature by the Governor.

2017-S8191A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8191--A
 
                             I N  S E N A T E
 
                              April 17, 2018
                                ___________
 
 Introduced by Sens. BENJAMIN, KRUEGER -- read twice and ordered printed,
   and  when  printed  to  be  committed to the Committee on Education --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT to amend the education law, the public health law and the mental
   hygiene law, in relation to permitting the administration  of  medical
   marihuana to students while at school and to individuals with develop-
   mental disabilities while receiving services at a facility
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known as and may be cited  as  "Tanshin's
 Law".
   §  2. The education law is amended by adding a new section 923 to read
 as follows:
   § 923. ADMINISTRATION OF MEDICAL MARIHUANA.  1. ALL PRIVATE AND PUBLIC
 SCHOOLS SHALL BE PERMITTED TO BECOME DESIGNATED CAREGIVERS OF  A  CERTI-
 FIED  PATIENT  AS SUCH TERMS ARE DEFINED IN SECTION THIRTY-THREE HUNDRED
 SIXTY OF THE PUBLIC HEALTH LAW WHERE SUCH CERTIFIED PATIENT IS A STUDENT
 OF SUCH SCHOOL.
   2. A BOARD OF EDUCATION OR CHIEF SCHOOL ADMINISTRATOR  OF  ALL  PUBLIC
 AND  NONPUBLIC  SCHOOLS MAY DEVELOP AND EXECUTE A POLICY AUTHORIZING ANY
 INDIVIDUAL DESIGNATED AS A CAREGIVER OF A CERTIFIED  PATIENT  INCLUDING,
 BUT  NOT LIMITED TO SUCH CERTIFIED PATIENT'S SCHOOL, IF SUCH SCHOOL IS A
 DESIGNATED CAREGIVER OF THE CERTIFIED PATIENT, AS PERMITTED BY  SUBDIVI-
 SION  ONE OF THIS SECTION TO ADMINISTER MEDICAL MARIHUANA TO A CERTIFIED
 PATIENT WHO IS A STUDENT WHILE THE STUDENT IS ON SCHOOL GROUNDS,  ABOARD
 A  SCHOOL  BUS,  OR  ATTENDING A SCHOOL-SPONSORED EVENT AS AUTHORIZED BY
 TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
   3. A POLICY ADOPTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL,
 AT A MINIMUM:
   A. REQUIRE THAT THE STUDENT BE AUTHORIZED TO ENGAGE IN THE MEDICAL USE
 OF MEDICAL MARIHUANA AND THAT THE DESIGNATED CAREGIVER  OF  A  CERTIFIED
 PATIENT  BE  AUTHORIZED  TO  ASSIST  THE STUDENT WITH THE MEDICAL USE OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD18312-08-8

 S. 8191--A                          2
 
 MARIHUANA PURSUANT TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC
 HEALTH LAW;
   B. ESTABLISH PROTOCOLS FOR VERIFYING THE REGISTRATION STATUS AND ONGO-
 ING  AUTHORIZATION  CONCERNING  THE MEDICAL USE OF MARIHUANA PURSUANT TO
 TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH  LAW  FOR  THE
 STUDENT AND THE DESIGNATED CAREGIVER;
   C.  EXPRESSLY  AUTHORIZE A DESIGNATED CAREGIVER OF A CERTIFIED PATIENT
 WHO IS A STUDENT TO ADMINISTER MEDICAL MARIHUANA TO  THE  STUDENT  WHILE
 THE  STUDENT  IS  ON SCHOOL GROUNDS, ABOARD A SCHOOL BUS, OR ATTENDING A
 SCHOOL-SPONSORED EVENT;
   D. IDENTIFY LOCATIONS ON SCHOOL GROUNDS WHERE MEDICAL MARIHUANA MAY BE
 ADMINISTERED; AND
   E. PROHIBIT THE ADMINISTRATION OF MEDICAL  MARIHUANA  TO  A  CERTIFIED
 PATIENT  THAT IS A STUDENT BY SMOKING OR VAPORIZING WHILE THE STUDENT IS
 ON SCHOOL GROUNDS, ABOARD A SCHOOL BUS, OR ATTENDING A  SCHOOL-SPONSORED
 EVENT.
   4.  MEDICAL  MARIHUANA MAY BE ADMINISTERED TO A CERTIFIED PATIENT THAT
 IS A STUDENT WHILE THE STUDENT IS ON SCHOOL  GROUNDS,  ABOARD  A  SCHOOL
 BUS,  OR  ATTENDING SCHOOL-SPONSORED EVENTS, PROVIDED THAT SUCH ADMINIS-
 TRATION IS CONSISTENT WITH THE REQUIREMENTS OF THE POLICY ADOPTED PURSU-
 ANT TO THIS SECTION AND THE PROVISIONS OF TITLE FIVE-A OF ARTICLE  THIR-
 TY-THREE OF THE PUBLIC HEALTH LAW.
   §  3.  The mental hygiene law is amended by adding a new section 13.44
 to read as follows:
 § 13.44 ADMINISTRATION OF MEDICAL MARIHUANA AT FACILITIES.
   1. A FACILITY THAT OFFERS SERVICES FOR INDIVIDUALS WITH  DEVELOPMENTAL
 DISABILITIES  OPERATED,  LICENSED  OR  CERTIFIED  BY THE OFFICE SHALL BE
 PERMITTED TO BECOME DESIGNATED CAREGIVERS OF A CERTIFIED PATIENT AS SUCH
 TERMS ARE DEFINED IN SECTION THIRTY-THREE HUNDRED SIXTY  OF  THE  PUBLIC
 HEALTH  LAW  WHERE  SUCH  CERTIFIED  PATIENTS RECEIVING SERVICES AT SUCH
 FACILITY.
   2. THE CHIEF ADMINISTRATOR OF A  FACILITY  THAT  OFFERS  SERVICES  FOR
 INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES OPERATED, LICENSED OR CERTI-
 FIED BY THE OFFICE MAY DEVELOP AND EXECUTE A POLICY AUTHORIZING A DESIG-
 NATED CAREGIVER AUTHORIZED TO ASSIST A CERTIFIED PATIENT WITH THE USE OF
 MEDICAL  MARIHUANA  PURSUANT  TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF
 THE PUBLIC HEALTH LAW TO ADMINISTER MEDICAL MARIHUANA TO A PERSON WHO IS
 RECEIVING SERVICES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES  AT  SUCH
 FACILITY.
   3. A POLICY ADOPTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL,
 AT A MINIMUM:
   A.  REQUIRE  THE  PERSON  RECEIVING SERVICES TO BE A CERTIFIED PATIENT
 AUTHORIZED FOR THE USE OF MEDICAL  MARIHUANA  AND  THAT  THE  DESIGNATED
 CAREGIVER  BE  AUTHORIZED  TO  ASSIST THE PERSON WITH THE MEDICAL USE OF
 MARIHUANA PURSUANT TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC
 HEALTH LAW;
   B. ESTABLISH PROTOCOLS FOR VERIFYING THE REGISTRATION STATUS AND ONGO-
 ING AUTHORIZATION CONCERNING THE MEDICAL USE OF  MARIHUANA  PURSUANT  TO
 TITLE  FIVE-A  OF  ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW FOR THE
 CERTIFIED PATIENT AND THE DESIGNATED CAREGIVER;
   C. EXPRESSLY AUTHORIZE DESIGNATED  CAREGIVERS  TO  ADMINISTER  MEDICAL
 MARIHUANA  TO  THE  PERSON  RECEIVING SERVICES FOR PERSONS WITH DEVELOP-
 MENTAL DISABILITIES WHILE THE PERSON IS AT THE FACILITY; AND
   D. IDENTIFY LOCATIONS AT THE FACILITY WHERE MEDICAL MARIHUANA  MAY  BE
 ADMINISTERED.

 S. 8191--A                          3
 
   4.  MEDICAL  MARIHUANA  MAY  BE  ADMINISTERED  TO  A CERTIFIED PATIENT
 RECEIVING SERVICES FOR PERSONS  WITH  DEVELOPMENTAL  DISABILITIES  AT  A
 FACILITY THAT OFFERS SUCH SERVICES WHICH IS OPERATED, LICENSED OR CERTI-
 FIED  BY  THE OFFICE WHILE SUCH PERSON IS AT THE FACILITY, PROVIDED THAT
 SUCH  ADMINISTRATION  IS  CONSISTENT WITH THE REQUIREMENTS OF THE POLICY
 ADOPTED PURSUANT TO THIS SECTION AND THE PROVISIONS OF TITLE  FIVE-A  OF
 ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
   5.  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO AUTHORIZE MEDICAL
 MARIHUANA TO BE SMOKED OR  VAPORIZED  IN  ANY  PLACE  WHERE  SMOKING  IS
 PROHIBITED PURSUANT TO ARTICLE THIRTEEN-E OF THE PUBLIC HEALTH LAW.
   §  4. Subdivision 5 of section 3360 of the public health law, as added
 by chapter 90 of the laws of 2014, is amended to read as follows:
   5. "Designated caregiver" means the individual designated by a  certi-
 fied  patient  in a registry application. A certified patient may desig-
 nate up to [two] THREE designated caregivers.
   § 5. This act shall take effect immediately  provided,  however,  that
 the  amendments  made  to  subdivision  5  of section 3360 of the public
 health law made by section four of this act shall not affect the  repeal
 of such section and shall be deemed repealed therewith.

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Senate Bill S8191

Share this bill

Sponsored By

Brian Benjamin

Archive: Last Bill Status - In Senate Committee Education Committee

Bill Amendments

co-Sponsors

Liz Krueger

2017-S8191 - Details

2017-S8191 - Summary

2017-S8191 - Sponsor Memo

2017-S8191 - Bill Text download pdf

co-Sponsors

Liz Krueger

2017-S8191A (ACTIVE) - Details

2017-S8191A (ACTIVE) - Summary

2017-S8191A (ACTIVE) - Sponsor Memo

2017-S8191A (ACTIVE) - Bill Text download pdf

Comments