What's happening
This bill allows medical marijuana to be smoked, but prohibits smoking it in places where tobacco smoking is banned.
Why it matters
Expands patient access by allowing smoking as a method of medical marijuana use,. which could benefit patients who find inhalation more effective or faster-acting than other forms (like oils or edibles).
Aligns medical marijuana smoking restrictions with existing tobacco laws,. meaning patients will have clearer, familiar guidelines about where they can and cannot smoke, potentially reducing confusion and legal risk.
Removes the commissioner's exclusive authority to decide allowable forms of medical marijuana,. shifting more control to patients and providers and possibly speeding up access to new or different methods of use.
Maintains public health protections by continuing to ban any marijuana use in public places,. aiming to balance patient needs with concerns about secondhand smoke and public exposure.
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Who cares
Headline styles
Allow Smoking Medical Marijuana
Plain English, a few words. Used as the page title.
Sponsors
24 Co-sponsors
- Jeffrey Dinowitz
- Amy Paulin
- Andrew Hevesi
- Donna Lupardo
- Kenneth Zebrowski
- Felix Ortiz
- Vivian Cook
- Thomas Abinanti
- 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
- Nader Sayegh
- Joe DeStefano
- Al Taylor
- Michael Blake
- Taylor Darling
3 Multi-sponsors
History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1032
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
Introduced by M. of A. GOTTFRIED, DINOWITZ, PAULIN, HEVESI, LUPARDO, ZEBROWSKI, ORTIZ, COOK, ABINANTI, SEAWRIGHT, NIOU, CARROLL, L. ROSEN- THAL, STECK, LIFTON, JAFFEE, NORRIS, WEPRIN, MORINELLO, WRIGHT -- Multi-Sponsored by -- M. of A. BLAKE, D'URSO, 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,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03582-01-9
A. 1032 2
regardless of the form of medical marihuana stated in the patient's certification.
(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.