Relates to regulations governing the use of medical marihuana and creating an advisory committee

Section 2: Amends section 3369-a of the Public Health Law to establish an advisory committee on medical use of marihuana consisting of 15 members and responsible for advising the Health Commissioner in making regulations and reviewing appeals of denials of patient or caregiver applications; and to establish a subcommittee to advise the Commissioner and advisory committee on clinical matters relating to medical marihuana.Also provides that regulations under the medical marihuana title shall be reasonable and consistent with the title, the legislative intent, and verifiable clinical, legal or public safety considerations.

Section 3: Adds a new subdivision 5 to § 3369 of the Public Health Law to recognize a registry identification card or its equivalent, issued by another state, district, territory, commonwealth, or possession of the United States, as valid in New York if a New York practitioner attests in writing to the seriousness of a visiting patient's condition.The visiting patient's condition would have to be a "serious condition" under the New York medical marihuana law.Requires the patient to provide such attestation to the registered organization at the time of dispensing.

Section 4: Effective date.

Justification

Implementation of the medical marihuana law is an extremely complex process that includes roles for producers, providers, controlled substance monitoring experts, law enforcement, and patients and their advocates.It is critical to successful implementation that all parties with relevant knowledge have the opportunity to provide insight and feedback.

This bill would create an advisory committee of 15 members to assist the Commissioner in making regulations and reviewing appeals in the event of denials of patient or caregiver applications. While regulatory and appeals decisions ultimately lie with the Commissioner, this committee would represent the full range of experts whose input will be very important in building a safe and comprehensive medical marihuana program.The advisory committee would include, but not be limited to, health care practitioners, patients with serious conditions or their representatives, experts in controlled substance regulation, medical marihuana industry professionals, and law enforcement.

This legislation would also establish a subcommittee specializing in clinical matters.The subcommittee will provide specialized clinical advice to the Commissioner and the advisory committee including providing recommendations on expanding or contracting the list of eligible diseases.Subcommittee membership may include, but not be limited to, members of the advisory committee. In a rapidly-developing field like medical marihuana research, it is crucial that clinical professionals have input on determining appropriate medical uses and standards.

This legislation would also assure that regulations under the medical marihuana law are consistent with the law and its legislative intent.

The medical marihuana law does not include provisions for recognizing patients certified in other states. Currently 23 states plus the District of Columbia and Territory of Guam allow medical use of marihuana. Patients who went through certification processes in those locations should not have to go through another entire certification process in New York, particularly when many medical marihuana patients need timely and consistent medical care.

This bill would require New York's program to recognize these out-of-state certifications so long as the patient's condition is serious as attested to in writing by a New York-approved practitioner.The visiting patient's condition would have to be a "serious condition" under the New York medical marihuana law. The patient would have to provide the written attestation to any registered organization dispensing medical marihuana to that patient.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

Immediately.