What's happening
This bill allows certain facilities and their employees to act as caregivers and possess medical marijuana for certified patients.
Why it matters
Expands access for vulnerable populations. By allowing facilities such as hospitals, mental health residences, schools, and treatment centers (and their employees) to act as caregivers, the bill ensures that patients who cannot self-administer medical marijuana—such as children, people with disabilities, or those in institutional care—can more reliably receive their medication.
Reduces logistical barriers for patients and families. Patients (or their legal guardians) no longer need to rely solely on individuals as designated caregivers, which can be challenging for those without family or social support. Facilities can assume this role, streamlining the process and reducing the burden on families.
Imposes safeguards and oversight for facility participation. The bill requires facility caregivers to register with the Department of Health, keep records of certified patients' identification cards, and comply with additional regulations. This introduces accountability and oversight, aiming to prevent misuse while facilitating patient access.
Could influence broader adoption and normalization. By integrating medical marijuana administration into mainstream health, mental health, and educational institutions, the bill may help reduce stigma and promote policy development for medical cannabis use in settings that previously may have prohibited or hesitated to allow it.
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
Let Care Facilities Hold Marijuana
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Let Facilities Hold Medical Marijuana
In Assembly Committee · Health · Sponsor Richard Gottfried
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2059
2019-2020 Regular Sessions
IN SENATE
January 22, 2019
Introduced by Sen. SAVINO -- 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 allowing for facility caregivers to possess medical marihuana in a similar manner to that of a designated caregiver
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 12 of section 3360 of the public health law, as added by chapter 90 of the laws of 2014, is amended and a new subdivision 19 is added to read as follows:
12. "Practitioner" means a practitioner who (i) is [a physician] authorized by this article to prescribe a controlled substance, is licensed [by New York state and practicing within the state] or otherwise authorized to practice under title eight of the education law, and is acting within his or her lawful scope of practice, (ii) [who] by training or experience is qualified to treat a serious condition as defined in subdivision seven of this section; and (iii) has completed a two to four hour course as determined by the commissioner in regulation and registered with the department; provided however, a registration shall not be denied without cause. Such course may count toward board certification requirements. [The commissioner shall consider the inclusion of nurse practitioners under this title based upon considerations including access and availability. After such consideration the commissioner is authorized to deem nurse practitioners as practitioners under this title.]
19. "Medical marihuana research program" means a medical marihuana research program under subdivision three of section thirty-three hundred sixty-seven of this title.
§ 2. Subdivision 5 of section 3360 of the public health law, as added by chapter 90 of the laws of 2014, is amended and two new subdivisions 20 and 21 are added to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03859-01-9
S. 2059 2
5. "Designated caregiver" means the individual or facility caregiver designated by a certified patient in a registry application. A certified patient may designate up to two designated caregivers, not counting a facility caregiver or facility caregiver employee.
20. "Facility caregiver" means any of the following that is caring for the certified patient:
(a) a general hospital or residential health care facility operating pursuant to article twenty-eight of this chapter;
(b) an adult care facility operating pursuant to title two of article seven of the social services law;
(c) a community mental health residence established pursuant to section 41.44 of the mental hygiene law;
(d) a hospital operating pursuant to section 7.17 of the mental hygiene law;
(e) a mental hygiene facility operating pursuant to article thirty-one of the mental hygiene law;
(f) an inpatient or residential treatment program certified pursuant to article thirty-two of the mental hygiene law;
(g) a residential facility for the care and treatment of persons with developmental disabilities operating pursuant to article sixteen of the mental hygiene law;
(h) a residential treatment facility for children and youth operating pursuant to article thirty-one of the mental hygiene law;
(i) a private or public primary or secondary school charted by the New York state board of regents pursuant to section two hundred sixteen of the education law;
(j) an entity conducting or participating in a medical marihuana research program under subdivision three of section thirty-three hundred sixty-seven of this title, with respect to a certified patient enrolled in the program;
(k) any other facility deemed appropriate by the commissioner; or
(l) a facility caregiver employee.
21. "Facility caregiver employee" means an employee of a facility caregiver who performs the services of a designated caregiver for the facility caregiver.
§ 3. Subdivision 2 of section 3362 of the public health law, as added by chapter 90 of the laws of 2014, is amended and a new subdivision 3 is added 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.
(b) a [person] certified patient or designated caregiver possessing medical marihuana under this title shall possess his or her registry identification card at all times when in immediate possession of medical marihuana.
3. The possession, acquisition, transportation, storage, or administration of medical marihuana by a facility caregiver, shall be lawful under this title; provided that:
(a) the facility caregiver first registers with the department, on a form prescribed by the commissioner;
(b) such possession, acquisition, transportation, storage, or administration is on behalf of a certified patient;
S. 2059 3
(c) the facility caregiver maintains a copy of the registry identification card of each certified patient for which it possesses, acquires, transports, stores or administers medical marihuana; and
(d) a facility caregiver employee shall be identified as an employee when necessary, as provided by the commissioner.
§ 4. Subdivisions 2, 3 and 5 of section 3363 of the public health law, as added by chapter 90 of the laws of 2014, are amended to read as follows:
2. To obtain, amend or renew a registry identification card, a certified patient or designated caregiver shall file a registry application with the department. The registry application or renewal application shall include:
(a) in the case of a certified patient:
(i) the patient's certification (a new written certification shall be provided with a renewal application);
(ii) the name, address, and date of birth of the patient;
(iii) the date of the certification;
(iv) if the patient has a registry identification card based on a current valid certification, the registry identification number and expiration date of that registry identification card;
(v) the specified date until which the patient would benefit from medical marihuana, if the certification states such a date;
(vi) the name, address, federal registration number, and telephone number of the certifying practitioner;
(vii) any recommendation or limitation by the practitioner as to the form or forms of medical marihuana or dosage for the certified patient; and
(viii) other individual identifying information required by the department;
(b) in the case of a certified patient, if the patient designates a designated caregiver, the name, address, and date of birth of the designated caregiver, and other individual identifying information required by the department;
(c) in the case of a designated caregiver:
(i) the name, address, and date of birth of the designated caregiver;
(ii) if the designated caregiver has a registry identification card, the registry identification number and expiration date of that registry identification card; and
(iii) other individual identifying information required by the department;
(d) in the case of a facility caregiver, the facility shall make an application under paragraph (c) of this subdivision for the facility; the commissioner shall appropriately modify the requirements for information to be provided in the application of a facility caregiver; and designation of facility caregiver employees shall not be required;
(e) a statement that a false statement made in the application is punishable under section 210.45 of the penal law;
[(e)] (f) the date of the application and the signature of the certified patient or designated caregiver, as the case may be;
[(f)] (g) a fifty dollar application fee, provided, that the department may waive or reduce the fee in cases of financial hardship; and
[(g)] (h) any other requirements determined by the commissioner.
3. Where a certified patient is under the age of eighteen:
(a) The application for a registry identification card shall be made by an appropriate person over twenty-one years of age. The application shall state facts demonstrating that the person is appropriate.
S. 2059 4
(b) The designated caregiver shall be (i) a parent or legal guardian of the certified patient, (ii) a person designated by a parent or legal guardian, [or] (iii) in the case of such a certified patient being cared for by a facility caregiver, the facility caregiver designated by the parent or legal guardian of the certified patient, or (iv) an appropriate person approved by the department upon a sufficient showing that no parent or legal guardian is appropriate or available.
5. No person may be a designated caregiver for more than five certified patients at one time; provided that this limitation shall not apply to a facility caregiver or facility caregiver employee.
§ 5. Subdivision 3 of section 3364 of the public health law, as added by chapter 90 of the laws of 2014, is amended to read as follows:
3. Each registered organization shall contract with an independent laboratory to test the medical marihuana produced by the registered organization. The commissioner shall approve the laboratory and require that the laboratory report testing results in a manner determined by the commissioner. The commissioner is authorized to issue regulation requiring the laboratory to perform certain tests and services. Such laboratory shall not be required to be licensed by the federal drug enforcement administration.
§ 6. Section 3364 of the public health law is amended by adding a new subdivision 14 to read as follows:
14. A registered organization may contract with a person or entity to provide facilities, equipment, or services that are part of or incidental to the registered organization's functions or activities under this section. All laws and regulations applicable to the facilities, equipment or services shall apply to the contractor. The registered organization and other parties to the contract shall each be responsible and accountable for compliance with such laws and regulations under the contract. Contracting under this subdivision shall be approved by the commissioner, unless the commissioner provides otherwise by regulation. The commissioner may make regulations consistent with this title relating to contracts and parties to contracts under this subdivision.
§ 7. Subdivision 9 of section 3365 of the public health law, as added by chapter 90 of the laws of 2014, is amended to read as follows:
9. The commissioner shall register [no more than five] registered organizations that manufacture medical marihuana with no more than [four] eight dispensing sites wholly owned and operated by each such registered organization. The commissioner shall ensure that such [registered organizations and] dispensing sites are geographically distributed across the state. [The commission may register additional registered organizations] Each registered organization, given no dispensing site shall be located within one thousand feet of another dispensing site, shall be allowed to operate:
(a) no more than two dispensing sites in total in the counties of New York, Kings, Queens, Bronx, and Richmond;
(b) no more than two dispensing sites in total in the counties of Nassau, Suffolk, and Westchester; and
(c) no more than four dispensing sites in total in the counties other than the counties of New York, Kings, Queens, Bronx, Richmond, Nassau, Suffolk, and Westchester.
§ 8. Subdivision 3 of section 3367 of the public health law is renumbered subdivision 4 and a new subdivision 3 is added to read as follows:
3. The commissioner may make regulations authorizing the possession, acquisition, use, delivery, transfer, transportation, storage, or administration of medical marihuana for research purposes.
S. 2059 5
§ 9. This act shall take effect immediately; provided, however, that the amendments to title 5-A of article 33 of the public health law made by sections one, two, three, four, five, six, seven and eight of this act shall not affect the repeal of such title and shall be deemed repealed therewith; provided further, however, that sections two, three and four of this act shall take effect on the ninetieth day after it shall have become a law; and provided further, however, section six of this act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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 allowing for facility caregivers to possess medical marihuana in a similar manner to that of a designated caregiver
Purpose or general idea of bill
To expand the categories of practitioners authorized to certify patients for medical marijuana; authorize facility caregivers to possess medical marijuana in a similar manner to designated caregivers; expand laborato- ry testing of medical marijuana; authorize contracting out of certain services by medical marijuana companies; authorize additional dispensing sites; and authorize medical marijuana research.
Summary of provisions
Section 1: Amends Public Health Law § 3360 to allow any practitioner authorized to prescribe controlled substances to certify patients for medical marijuana.
Read the full memo (759 words)
Section 2. Amends § 3360 to create the category of "facility caregivers" who can act as designated caregivers for patients.
Section 3. Amends § 3362 to authorize facility caregivers to act as designated caregivers, subject to certain requirements.
Section 4. Amends § 3363 to exempt facility caregivers from limits on the number of patients a caregiver may serve.
Section 5. Amends § 3364 to remove the requirement that laboratories testing medical marijuana be licensed by the Federal Drug Enforcement Administration.
Section 6. Amends § 3364 to authorize medical marijuana companies ("registered organizations") to contract with another company for certain services, facilities, or equipment, provided that all applicable laws governing the services, facilities, or equipment shall apply to the contractor.
Section 7. Amends § 3365 to increase the number of dispensing sites per registered organization from 4 to 8 and provides a distribution of these sites by region.
Section 8. Amends § 3367 to authorize the commissioner to make regu- lations authorizing medical marijuana research.
Section 9. Effective date.
Justification
This bill addresses several problems with the medical marijuana programs identified by patient advocates and medical marijuana companies. Despite recent legislative and administration actions, the program remains excessively restrictive. This bill does the following:
-Expand the categories of practitioners authorized to certify patients. Today, physicians, physician assistants, and nurse practitioners can certify patients. However, there are other categories of practitioner outside these who are authorized to prescribe much more dangerous substances and often treat conditions for which a patient may be eligi- ble (such as podiatrists and dentists whose treatments involve pain medication.) This bill expands the practitioner categories to cover these groups.
-Authorize facility caregivers. Current law allows patients to designate up to two of their own caregiv- ers under the program. Caregivers are capped at five patients each. These caps have caused problems identifying caregivers to administer the medication in residential facilities or hospitals where there may be dozens of patients either using or eligible for medical marijuana. This bill designates categories of residential health care providers as "facility caregivers" who would be exempt from the caps.
-Expand lab testing. Today, the State's Wadsworth Laboratory is the only one authorized to test medical marijuana. As the program expands, more lab capacity is needed. Commercial labs with Drug Enforcement Agency (DEA) licenses may be reluctant to test medical marijuana out of fear of endangering these DEA licenses. This bill would remove the requirement that a lab which tests medical marijuana hold a DEA license.
-Allow contracting out. Registered organizations (R0s) are currently not allowed to contract out any part of the production and distribution processes. This mandatory vertical integration - normally discouraged when not banned outright is inefficient and raises costs. This bill allows ROs to contract out some of their functions, including operating dispensaries, while ensuring that all laws applicable to the RO would apply to the contractors as well. The Commissioner of Health would review any contracting out, and would not unreasonably withhold or delay approval of same.
-Expand dispensing sites. Current law authorizes up to four dispensaries for each of the 10 ROs. This places New York at the bottom of State medical marijuana programs for dispensary access per population. This bill would double the number from 4 to 8 per RO, with a distribution spelled out to ensure geographic access.
-Authorize research. While there is significant research being done overseas, medical mari- juana research in the United States is limited. This bill would facili- tate medical marijuana research in New York based on departmental regu- lations.
Prior legislative history
2017 Session: New bill - S8148 - referred to Health
Fiscal implications for state and local governments
Increased tax revenue to the State and relevant counties would be expected from increased participation in the medical cannabis program.
Effective date
Parts immediate; parts 90 days
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.