Bill Text: NY A00169 | 2021-2022 | General Assembly | Introduced


Bill Title: Defines a serious condition regarding the medical use of marihuana as a condition, or symptom or complication of the condition or its treatment, for which, in the practitioner's professional opinion and review of past treatments, the patient is likely to receive therapeutic or palliative benefit from primary or adjunctive treatment with medical use of medical marihuana.

Spectrum: Partisan Bill (Democrat 20-1)

Status: (Introduced) 2021-02-11 - advanced to third reading cal.87 [A00169 Detail]

Download: New_York-2021-A00169-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           169

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced by M. of A. GOTTFRIED, LUPARDO, ABINANTI, DINOWITZ, L. ROSEN-
          THAL,  SIMON,  CAHILL,  BRONSON,  HEVESI,  SEAWRIGHT, WEPRIN, WOERNER,
          SAYEGH, TAYLOR, FERNANDEZ, DARLING -- Multi-Sponsored by -- M.  of  A.
          COOK, DeSTEFANO -- read once and referred to the Committee on Health

        AN  ACT to amend the public health law, in relation to the definition of
          a serious condition regarding the medical use of marihuana

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivision 7 of section 3360 of the public health law, as
     2  added by chapter 90 of the laws of 2014 and paragraph (a) as amended  by
     3  chapter 273 of the laws of 2018, is amended to read as follows:
     4    7. [(a)] "Serious condition" means[:
     5    (i)  having one of the following severe debilitating or life-threaten-
     6  ing conditions: cancer, positive status for human immunodeficiency virus
     7  or acquired immune deficiency syndrome, amyotrophic  lateral  sclerosis,
     8  Parkinson's disease, multiple sclerosis, damage to the nervous tissue of
     9  the  spinal  cord  with objective neurological indication of intractable
    10  spasticity,  epilepsy,   inflammatory   bowel   disease,   neuropathies,
    11  Huntington's disease, post-traumatic stress disorder, pain that degrades
    12  health  and  functional capability where the use of medical marihuana is
    13  an alternative to opioid use, substance use disorder, or as added by the
    14  commissioner; and
    15    (ii) any of the following conditions where it is clinically associated
    16  with, or a complication of, a condition  under  this  paragraph  or  its
    17  treatment:  cachexia or wasting syndrome; severe or chronic pain; severe
    18  nausea; seizures; severe or persistent muscle spasms; or such conditions
    19  as are added by the commissioner.
    20    (b) No later than eighteen months from  the  effective  date  of  this
    21  section,  the  commissioner shall determine whether to add the following
    22  serious conditions: Alzheimer's,  muscular  dystrophy,  dystonia,  post-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00041-01-1

        A. 169                              2

     1  traumatic  stress  disorder  and  rheumatoid  arthritis] a condition, or
     2  symptom or complication of the condition or its treatment, for which, in
     3  the practitioner's professional opinion and review of  past  treatments,
     4  the  patient is likely to receive therapeutic or palliative benefit from
     5  primary or adjunctive treatment with medical use of medical marihuana.
     6    § 2. This act shall take effect immediately,  provided  however,  that
     7  the  amendments to title 5-A of article 33 of the public health law made
     8  by section one of this act shall not affect the expiration and repeal of
     9  such title and shall expire and be deemed repealed therewith.
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