What's happening
This bill ensures rapid state approval and access to federally approved cannabidiol (CBD) medications for patients, especially those with epilepsy.
Why it matters
Enables automatic and expedited state-level approval of federally approved CBD medications. , ensuring that New Yorkers can access these treatments within 30 days of federal regulatory changes, rather than waiting for state-specific action.
Protects existing access to medical marijuana and other cannabinoid therapies. , clarifying that the introduction of federally approved CBD medications will not limit or alter current state-authorized cannabis treatment options.
Allows flexibility for state intervention if public health concerns arise. , permitting state officials to make emergency or temporary changes to CBD regulation in response to new risks, even after federal approval.
Removes legal barriers for doctors and pharmacies to prescribe and dispense FDA-approved CBD products. , ensuring that state or existing drug laws do not impede the distribution of these medications once federally approved.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Allow FDA-Approved CBD Access
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- 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.
Allow FDA-Approved CBD Medicines
In Senate Committee · Health · Sponsor Chris Jacobs
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7410
2017-2018 Regular Sessions
IN ASSEMBLY
April 25, 2017
Introduced by M. of A. RYAN -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to access to federally approved cannabidiol medications
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative findings. The legislature finds and declares that both children and adults with epilepsy are in desperate need of new treatment options, and cannabidiol (CBD) is showing potential as one of these treatments. If a cannabidiol medication is approved by the Food and Drug Administration and rescheduled by the Drug Enforcement Administration, patients should have rapid access to such an option. The availability of such a new prescription medication is intended to augment, not to restrict or otherwise amend, other cannabinoid treatment modalities currently available under state law.
§ 2. The public health law is amended by adding a new section 3309-b to read as follows:
§ 3309-b. Federal approval of cannabidiol investigational products. 1. If a cannabidiol (CBD) investigational product newly approved as a prescription medication pursuant to 21 U.S.C. § 360bb and 21 U.S.C. § 355 is controlled or decontrolled under a federal interim final rule issued pursuant to 21 U.S.C. § 811(j), similar control or decontrol of the product under this section shall become effective under state law within thirty days of the date of publication in the Federal Register of the interim final rule.
2. When a federal final rule is issued pursuant to 21 U.S.C. § 811(j) after interested persons had an opportunity to comment on a federal interim final rule, changes necessary to conform the control or decontrol of a cannabidiol (CBD) investigational product under subdivision one of this section to the federal final rule shall become effective
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10755-02-7
A. 7410 2
within thirty days of the date of the publication in the Federal Register of the federal final rule.
3. Control or decontrol under this section in conformance with federal law may be altered by state statute or by an emergency or temporary rule issued by the commissioner to address an immediate danger to public health, safety or welfare.
4. Nothing in this section shall restrict or otherwise affect access to medical marihuana that is authorized under title five-A of this article.
5. Nothing in title five-A of this article or articles one hundred seventy-nine, two hundred twenty and two hundred twenty-one of the penal law shall restrict or otherwise affect the distribution, sale, prescribing and dispensing of a product that has been approved for marketing as a prescription medication by the Food and Drug Administration.
§ 3. This act shall take effect immediately.
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.