Senate Bill S490

2019-2020 Legislative Session

Relates to forms of marihuana authorized for medical use

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken

  • 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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2019-S490 (ACTIVE) - Details

See Assembly Version of this Bill:
A1032
Law Section:
Public Health Law
Laws Affected:
Amd §§3360 & 3362, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7251, A9517
2017-2018: S1087, A6009
2021-2022: A1412

2019-S490 (ACTIVE) - Summary

Relates to forms of marihuana authorized for medical use.

2019-S490 (ACTIVE) - Sponsor Memo

2019-S490 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    490
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. RIVERA, SEPULVEDA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to forms of marihuana
   authorized for medical use

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 8 of section 3360 of the  public  health
 law,  as added by chapter 90 of the laws of 2014, are amended to read as
 follows:
   1. "Certified medical use" means the acquisition, possession, use, or,
 transportation of medical marihuana  by  a  certified  patient,  or  the
 acquisition,  possession,  delivery, transportation or administration of
 medical marihuana by a designated caregiver, for  use  as  part  of  the
 treatment of the patient's serious condition, as authorized in a certif-
 ication  under  this  title  including  enabling the patient to tolerate
 treatment for the serious condition. [A certified medical use  does  not
 include smoking.]
   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[, as determined by the commissioner in his or
 her sole discretion. Any form of medical marihuana not approved  by  the
 commissioner is expressly prohibited].
   §  2. Subdivision 2 of section 3362 of the public health law, as added
 by chapter 90 of laws of 2014, is amended to read as follows:
   2. Notwithstanding subdivision one of this section:
   (a) possession of medical marihuana shall not  be  lawful  under  this
 title  if it is smoked, consumed, vaporized, or grown in a public place,
 regardless of the form of medical  marihuana  stated  in  the  patient's
 certification.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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