Bill Text: NY S04646 | 2021-2022 | General Assembly | Introduced

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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 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HEALTH [S04646 Detail]

Download: New_York-2021-S04646-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4646

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 8, 2021
                                       ___________

        Introduced  by  Sen.  SAVINO -- 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 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-
    23  traumatic stress disorder and  rheumatoid  arthritis]  a  condition,  or
    24  symptom or complication of the condition or its treatment, for which, in
    25  the  practitioner's  professional opinion and review of past treatments,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00041-01-1
        S. 4646                             2

     1  the patient is likely to receive therapeutic or palliative benefit  from
     2  primary or adjunctive treatment with medical use of medical marihuana.
     3    §  2.  This  act shall take effect immediately, provided however, that
     4  the amendments to title 5-A of article 33 of the public health law  made
     5  by section one of this act shall not affect the expiration and repeal of
     6  such title and shall expire and be deemed repealed therewith.