What's happening
This bill allows medical marijuana to be used as a substitute for opioids for certain short-term conditions following specific guidelines.
Why it matters
Expands patient options for pain management. By allowing medical marijuana to be substituted for opioids in certain short-term conditions, patients and doctors gain more flexibility to choose a potentially less addictive form of pain relief.
Imposes safeguards and clinical standards. The requirement for a written treatment plan that follows national guidelines (except for cancer, hospice, or palliative care patients) aims to ensure medical marijuana is used responsibly and with oversight, potentially reducing misuse.
Targets opioid crisis concerns. By providing an alternative to opioids for acute pain, this change could help curb opioid prescriptions and related addiction risks, contributing to broader public health efforts to address the opioid epidemic.
Recognizes special circumstances in patient care. Exempting cancer, end-of-life, and palliative care patients from the written plan requirement acknowledges the unique and urgent needs of these vulnerable groups, ensuring their access is not unduly restricted.
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Who cares
Headline styles
Allow Medical Marijuana for Opioid Use
Plain English, a few words. Used as the page title.
Sponsors
History
- Reported and committed to finance
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8820
IN SENATE
May 22, 2018
Introduced by Sen. AMEDORE -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to conditions permitting the use of medical marihuana
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (i) of paragraph (a) of subdivision 7 of section 3360 of the public health law, as amended by chapter 403 of the laws of 2017, is amended to read as follows:
(i) having one of the following severe debilitating or life-threatening conditions: cancer, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, amyotrophic lateral sclerosis, Parkinson's disease, multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity, epilepsy, inflammatory bowel disease, neuropathies, Huntington's disease, post-traumatic stress disorder, as a substitute for opioids for conditions expected to last less than three months, provided that the medical record must contain a written treatment plan that follows generally accepted national professional or governmental guidelines, except that the following of such a written treatment plan shall not apply in the case of patients who are being treated for cancer that is not in remission, who are in hospice or other end-of-life care, or whose pain is being treated as part of palliative care practices, or as added by the commissioner; and
§ 2. This act shall take effect immediately; provided that the amendments to title 5-A of article 33 of the public health law made by section one of this act shall not affect the repeal of such title and shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15956-01-8
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to conditions permitting the use of medical marihuana
Purpose
To allow physicians to prescribe medical marihuana as a substitute for opioids under certain conditions.
Summary of provisions
The bill amends the section of the Public Health Law, which enumerates the specific conditions for which medical marihuana may be prescribed in New York State. This proposal adds that medical marihuana may be used as a substitute for opioids for conditions expected to last less than three months, provided that the medical record contains a written treatment plan that follows generally accepted national guidelines.
Justification
As the State and Nation continue to deal with the widespread opioid abuse crisis, it is important that physicians have the ability to offer as many alternatives as possible to prescribing opioids for the manage- ment of pain and other conditions. Medical marihuana, as it is currently legally allowed to be offered in New York, should be allowed to be prescribed as an alternative to opioids.
Legislative history
New bill.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.