Relates to the medical use of marihuana as a way to alleviate the suffering of individuals who have debilitating medical conditions

Summary of specific provisions

Section 1. Creates a new section, Article 33, title 5-a of the public health law to allow for the Medical Use of Marihuana in a controlled medical model of care. New section 3360 provides specific guidance on the types of medical conditions that would be authorized to use marihuana as well as the administration of the program.

Section 3361 outlines the necessary requirements and procedures for a qualifying patient to be certified in order to receive a registry identification card.

Section 3362 provides that qualifying patients, caregivers, alternative treatment centers or physicians acting within this title shall not be subject to civil or administrative penalties. This section further provides that possession of a registry identification card shall not constitute probable cause to search a person or his or her property by any governmental agency. The section prohibits the public consumption of marihuana and prohibits the smoking of medical marihuana.

Section 3363 provides for the creation, maintenance and record keeping of registry identification cards for qualifying patients and designated caregivers. This section also requires criminal history background checks for primary caregivers who apply for registry identification cards and classifies the illegal transfer or sale of a registry identification card as a class A misdemeanor.

Section 3364 creates medical marihuana alternative treatment centers and the process for certification by the department of health. This section enumerates requirements on the amount dispensed and form dispensed.

Section 3365 details the prescription process for physicians, patients and/or caregivers.

Section 3366 requires each alternative treatment center to file a report and keep records deemed appropriate by the commissioner. Through regulation, the commissioner shall require each treatment center to adopt and maintain security, tracking record keeping, record retention and surveillance systems related to the medical marihuana it supplies.

Section 3367 requires the commissioner to promulgate regulations to implement this new article.

Section 3368 is the severability clause.

Section 2 of this legislation amends Section 221.00 of the penal law to exempt those under Article 33, title 5-a of the public health law from criminal possession charges and provides for criminal penalties when a person knowingly and unlawfully diverts medical marihuana.

Section 3. Creates a new Section 490, Article 20-B of the Tax law for the collection of a 7% excise tax on medical marihuana and enumerates the distribution of those funds.

Justification

According to respected medical authorities in the U.S., including the National Institute of Medicine and the American Medical Association, marijuana can ease patients' pain and suffering where other medications have failed. Studies have found that marijuana can effectively treat a range of conditions, including MS, spinal cord injuries, and epilepsy. Studies have also found medical marijuana extremely effective at treating side effects of medical treatments, such as chemotherapy medications.

Twenty states have enacted laws protecting medical marijuana patients from state prosecution. Patients in these states enjoy legal protections to use medicinal marijuana under a doctor's supervision; seriously ill citizens in New York deserve this same protection.

In recent years, medical marijuana has gained incredible support in our state including majorities across all political, racial and regional groups. New York should allow patients to legally use medical marijuana if recommended by a healthcare provider. It should not be a crime for those suffering from painful and life-threatening illnesses to find some relief through medical marijuana.

Our solution should be a medical model of care that promotes the safe, medicinal use of Cannabis. For the product to be truly "medical" marihuana, delivery through smoking is inappropriate since smoking has been shown to be a significant health risk since the 1964 report of the American Medical Association.

By extending the protection of state law to Cannabis produced in smokeless metered doses, we will meet the needs of patients and enable physicians to treat them in keeping with well-established standards of care. Importantly, these delivery systems could be used in homes and hospitals as well as nursing care and hospice settings.

Prior legislative history

None.

Fiscal implications

Increased revenue to the state.

Effective date

Immediately.