What's happening
This bill allows smoking as a form of medical marijuana use, but prohibits it in places where tobacco smoking is banned.
Why it matters
Expands options for patients. By allowing smoking as a form of medical marijuana use, patients and their healthcare providers have more flexibility to choose the method of administration that works best for their medical needs, potentially improving symptom relief and quality of life for some individuals.
Aligns marijuana and tobacco regulations. The bill specifically prohibits smoking medical marijuana in any place where tobacco smoking is already banned, maintaining existing public health protections against secondhand smoke and ensuring consistent rules across substances.
Clarifies legal boundaries. The bill continues to prohibit using (smoking, vaping, or consuming) medical marijuana in public places and requires patients to carry their registry identification card when in possession, reinforcing accountability and reducing the risk of misuse or confusion about legal use.
Reflects evolving medical cannabis policy. By amending previous restrictions and allowing smoking, this measure signals a shift in policy toward broader acceptance of medical marijuana and may prompt further updates in regulations as research and public opinion evolve.
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Who cares
Headline styles
Allow More Medical Marijuana Forms
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Recommit, enacting clause stricken
- 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 Smoking Medical Marijuana
In Assembly Committee · Health · Sponsor Richard Gottfried
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
490
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. RIVERA, SEPULVEDA -- 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 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.
LBD03582-01-9
S. 490 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.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to forms of marihuana authorized for medical use
Purpose
To allow medical marihuana to be smoked for medical use
Summary of provisions
Section 1: Amends subdivisions 1 and 8 of § 3360 of the Public Health Law to remove prohibitions on smoking medical marihuana.
Section 2: Amends subdivision 2 of section 3362 of the public health law to prohibit smoking of medical marihuana in any place where tobacco may not be smoked under Article 13-E of the Public Health Law (Clean Indoor Air Act).
Section 3: Effective date.
Justification
For some patients, smoking is the most affordable delivery method, and it enables them to effectively limit dosage. Medical marihuana patients are not interested in getting intoxicated: they want to control their symptoms and get on with their work. The medical marihuana law does not allow smoking as a delivery method for medical marihuana. New York is one of only two out of 25 medical marihuana programs that prohibit it. This legislation would expand access for those patients while protecting the public by making medical marihuana subject to the Clean Indoor Air Act.
Legislative history
2015-2016: S7251/A9517 Gottfried 2017-2018: S1087/ A6009 Gottfried
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.