* § 3364. Registered organizations. 1. A registered organization shall
be a for-profit business entity or not-for-profit corporation organized
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,
transporting, distributing or dispensing of marihuana by a registered
organization 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.

3. Each registered organization shall contract with an independent
laboratory to test the medical marihuana produced by the registered
organization. The commissioner shall approve the laboratory and require
that the laboratory report testing results in a manner determined by the
commissioner. The commissioner is authorized to issue regulation
requiring the laboratory to perform certain tests and services.

4. (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 proprietor of a registered organization shall file or cause to
be filed any receipt and certification information with the department
by electronic means on a real time basis as the commissioner shall
require by regulation. When filing receipt and certification information
electronically pursuant to this paragraph, the proprietor of the
registered organization shall dispose of any electronically recorded
prescription information in such manner as the commissioner shall by
regulation require.

5. (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
designated caregiver, the registered organization (i) shall not dispense
an amount greater than a thirty day supply to a certified patient until
the certified patient has exhausted all but a seven day supply provided
pursuant to a previously issued certification, and (ii) shall verify the
information in subparagraph (i) of this paragraph 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
recommendation or limitation by the practitioner as to the form or forms
of medical marihuana or dosage for the certified patient.

6. When a registered organization sells, delivers, distributes or
dispenses medical marihuana to a certified patient or designated
caregiver, 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 in individual doses,

(b) any potential dangers stemming from the use of medical marihuana,

(c) how to recognize what may be problematic usage of medical
marihuana and obtain appropriate services or treatment for problematic
usage, and

(d) other information as determined by the commissioner.

7. Registered organizations shall not be managed by or employ anyone
who has been convicted of any felony of sale or possession of drugs,
narcotics, or controlled substances provided that this subdivision only
applies to (a) managers or employees who come into contact with or
handle medical marihuana, and (b) a conviction less than ten years (not
counting time spent in incarceration) prior to being employed, for which
the person has not received a certificate of relief from disabilities or
a certificate of good conduct under article twenty-three of the
correction law.

8. Manufacturing of medical marihuana by a registered organization
shall only be done in an indoor, enclosed, secure facility located in
New York state, which may include a greenhouse. The commissioner shall
promulgate regulations establishing requirements for such facilities.

9. Dispensing of medical marihuana by a registered organization shall
only be done in an indoor, enclosed, secure facility located in New York
state, which may include a greenhouse. The commissioner shall promulgate
regulations establishing requirements for such facilities.

10. 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
quality, safety and clinical strength to the department and to any
person or entity to which the medical marihuana is sold or dispensed.

11. A registered organization shall be deemed to be a "health care
provider" for the purposes of title two-D of article two of this
chapter.

12. 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
stating, "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."; (e)
the amount of individual doses contained within; and (f) a warning that
the medical marihuana must be kept in the original container in which it
was dispensed.

13. The commissioner is authorized to make rules and regulations
restricting the advertising and marketing of medical marihuana, which
shall be consistent with the federal regulations governing prescription
drug advertising and marketing.

* NB Repealed July 5, 2028 and Repealed 6 months after the full
cannabis control board created by Article 2 of the cannabis law has been
appointed