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.
                                                                   LBD14875-02-6
        A. 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.