Bill Text: NY A09747 | 2015-2016 | General Assembly | Amended
Bill Title: Authorizes additional medical marihuana manufacturing and dispensing sites.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2016-05-03 - amended on third reading 9747a [A09747 Detail]
Download: New_York-2015-A09747-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9747--A Cal. No. 520 IN ASSEMBLY April 5, 2016 ___________ Introduced by M. of A. GOTTFRIED -- read once and referred to the Committee on Health -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the public health law, in relation to medical marihuana dispensing sites The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 9 of section 3365 of the public health law, as 2 added by chapter 90 of the laws of 2014, is amended to read as follows: 3 9. (a) The commissioner shall register no more than five registered 4 organizations that manufacture medical marihuana with no more than 5 [four] eight dispensing sites wholly owned and operated by such regis- 6 tered organization. The commissioner shall ensure that [such] registered 7 organizations and dispensing sites are geographically distributed across 8 the state. The [commission] commissioner may register additional regis- 9 tered organizations. 10 (b) The commissioner shall, by January first, two thousand seventeen, 11 register at least five additional registered organizations that manufac- 12 ture medical marihuana, each of which may operate no more than eight 13 dispensing sites. In determining which applicants to select under this 14 paragraph: (i) the commissioner shall seek to provide dispensaries in 15 underserved areas; and (ii) where an applicant was an applicant in the 16 commissioner's initial selection process under paragraph (a) of this 17 subdivision, the commissioner shall consider the information provided by 18 the applicant in that initial process, to the extent it is currently 19 applicable, and give appropriate weight to the commissioner's evaluation 20 of the applicant in that initial process. 21 § 2. Subdivision 13 of section 3364 of the public health law, as added 22 by chapter 90 of the laws of 2014, is amended to read as follows: 23 13. Each registered organization shall be permitted to directly 24 contact physicians licensed by New York state and practicing within the 25 state for the purposes of education and providing information about this 26 title. Any such education and provision of information shall not satisfy EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14875-02-6A. 9747--A 2 1 the requirements set out in paragraph (iii) of subdivision twelve of 2 section thirty-three hundred sixty of this title. The commissioner is 3 authorized to make rules and regulations restricting the advertising and 4 marketing of medical marihuana, which shall be consistent with the 5 federal regulations governing prescription drug advertising and market- 6 ing. 7 § 3. Section 3364 of the public health law is amended by adding a new 8 subdivision 14 to read as follows: 9 14. Where any regulation or action of the commissioner limits or regu- 10 lates the medical marihuana products (referred to in this subdivision as 11 "brands") that a registered organization may produce or dispense, based 12 in whole or in part on the active or inactive ingredients or concen- 13 trations thereof, a registered organization may also produce or dispense 14 brands particularly formulated for treatment of intractable epilepsy, 15 notwithstanding any numerical limit or restriction on such brands, but 16 otherwise conforming with this title. 17 § 4. This act shall take effect immediately; provided however that the 18 amendments to sections 3365 and 3364 of the public health law made by 19 this act shall not affect the expiration and repeal of such sections and 20 shall expire and be deemed repealed therewith.