What's happening
This bill allows medical marijuana to be smoked by certified patients, except in places where tobacco smoking is prohibited.
Why it matters
Expands patient choice and autonomy. By allowing certified patients to smoke medical marijuana, the bill gives patients and their healthcare providers more flexibility in choosing the method of administration that best meets their medical needs, which could improve symptom management for some conditions.
Aligns medical marijuana with tobacco regulations. The bill prohibits smoking medical marijuana anywhere tobacco smoking is banned, ensuring that public health protections against secondhand smoke remain consistent and are not undermined by this change.
Removes discretionary barriers. The amendment takes away the health commissioner's sole discretion to approve forms of medical marijuana, making smoking an explicitly permitted method rather than something that could be restricted or denied at the administrative level, potentially reducing bureaucratic delays or inconsistencies.
Maintains public safety and order. The bill keeps other restrictions in place, such as prohibiting the use or cultivation of medical marijuana in public spaces, balancing expanded access for patients with continued limits on public consumption and misuse.
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Who cares
Headline styles
Expand Medical Marijuana Forms
Plain English, a few words. Used as the page title.
Sponsors
23 Co-sponsors
- Jeffrey Dinowitz
- Amy Paulin
- Andrew Hevesi
- Donna Lupardo
- Kenneth Zebrowski
- Frank Skartados
- Felix Ortiz
- Anthony Brindisi
- Vivian Cook
- Luis R. Sepúlveda
- Thomas Abinanti
- John T. McDonald III
- Rebecca Seawright
- Yuh-Line Niou
- Robert C. Carroll
- Linda Rosenthal
- Phil Steck
- Barbara Lifton
- Ellen C. Jaffee
- Michael J. Norris
- David Weprin
- Angelo J. Morinello
- Tremaine Wright
4 Multi-sponsors
History
- Advanced to third reading cal.627
- Reported
- Reported referred to codes
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Medical Marijuana Options
In Senate Committee · Health · Sponsor Gustavo Rivera
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6009
2017-2018 Regular Sessions
IN ASSEMBLY
February 21, 2017
Introduced by M. of A. GOTTFRIED, DINOWITZ, PAULIN, HEVESI, LUPARDO, ZEBROWSKI, SKARTADOS, ORTIZ, BRINDISI, COOK, SEPULVEDA, ABINANTI, McDONALD, SEAWRIGHT -- Multi-Sponsored by -- M. of A. BLAKE, HYNDMAN, SIMON -- read once and referred 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 Assembly, 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 certification 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 twenty-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.
LBD02158-01-7
A. 6009 2
(b) a person possessing medical marihuana under this title shall possess his or her registry identification card at all times when in immediate possession of medical marihuana.
(c) medical marihuana may not be smoked in any place where tobacco may not be smoked under article thirteen-E of this chapter, regardless of the form of medical marihuana stated in the patient's certification.
§ 3. This act shall take effect immediately; provided that the amendments to title 5-A of article 33 of the public health law made by this act shall not affect the repeal of such title and shall be deemed repealed therewith.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.