Bill Text: NY A01412 | 2021-2022 | General Assembly | Introduced

Bill Title: Relates to forms of marihuana authorized for medical use.

Spectrum: Moderate Partisan Bill (Democrat 20-3)

Status: (Introduced) 2021-01-11 - referred to health [A01412 Detail]

Download: New_York-2021-A01412-Introduced.html

                STATE OF NEW YORK


                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2021

        Introduced  by  M.  of  A. GOTTFRIED, DINOWITZ, PAULIN, HEVESI, LUPARDO,
          -- Multi-Sponsored by -- M. of A. 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 Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 1 and 8 of section 3360 of the  public  health
     2  law,  as added by chapter 90 of the laws of 2014, are amended to read as
     3  follows:
     4    1. "Certified medical use" means the acquisition, possession, use, or,
     5  transportation of medical marihuana  by  a  certified  patient,  or  the
     6  acquisition,  possession,  delivery, transportation or administration of
     7  medical marihuana by a designated caregiver, for  use  as  part  of  the
     8  treatment of the patient's serious condition, as authorized in a certif-
     9  ication  under  this  title  including  enabling the patient to tolerate
    10  treatment for the serious condition. [A certified medical use  does  not
    11  include smoking.]
    12    8. "Medical marihuana" means marihuana as defined in subdivision twen-
    13  ty-one of section thirty-three hundred two of this article, intended for
    14  a  certified  medical  use[, as determined by the commissioner in his or
    15  her sole discretion. Any form of medical marihuana not approved  by  the
    16  commissioner is expressly prohibited].
    17    §  2. Subdivision 2 of section 3362 of the public health law, as added
    18  by chapter 90 of laws of 2014, is amended to read as follows:
    19    2. Notwithstanding subdivision one of this section:
    20    (a) possession of medical marihuana shall not  be  lawful  under  this
    21  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.

        A. 1412                             2

     1  regardless of the form of medical  marihuana  stated  in  the  patient's
     2  certification.
     3    (b)  a  person  possessing  medical  marihuana  under this title shall
     4  possess his or her registry identification card at  all  times  when  in
     5  immediate possession of medical marihuana.
     6    (c) medical marihuana may not be smoked in any place where tobacco may
     7  not  be  smoked  under article thirteen-E of this chapter, regardless of
     8  the form of medical marihuana stated in the patient's certification.
     9    § 3. This act shall take effect immediately; provided that the  amend-
    10  ments  to  title 5-A of article 33 of the public health law made by this
    11  act shall not affect the repeal  of  such  title  and  shall  be  deemed
    12  repealed therewith.