NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7006
SPONSOR: Gottfried (MS) TITLE OF BILL: An act to amend the public health law, in relation to
conditions permitting the use of medical marihuana
PURPOSE OR GENERAL IDEA OF BILL:
This bill would make post-traumatic stress disorder (PTSD) an eligible
condition under the state medical marijuana law.
SUMMARY OF PROVISIONS:
Section 1 of this bill amends section 3360 of the Public Health Law, to
add post traumatic stress disorder to the list of conditions for which
medical marijuana may be used.
Section 2 of this bill provides that this act shall take effect imme-
diately.
EXISTING LAW:
The Public Health Law specifies ten medical conditions that are eligible
for use of medical marijuana and chronic pain has been added by action
of the Health Commissioner. PTSD is not among those conditions.
JUSTIFICATION:
Post-traumatic stress disorder (PTSD), first defined in 1980, is a seri-
ous condition that involves a person developing symptoms - such as
anger, flashbacks, nightmares, night sweats, numbing, insomnia, and
avoidance - after experiencing a traumatic stressor. Many patients find
the available pharmaceutical options dangerous or ineffective, and thou-
sands of them have turned to medical marijuana for relief. States are
increasingly adding PTSD to their lists of qualifying conditions for
medical marijuana.
PTSD afflicts numerous patient groups. While the public typically asso-
ciates PTSD with military veterans, PTSD is also found among survivors
of domestic violence, rape, violent crime, accidents, and among police
and fire fighters. Women are twice as likely as men to experience PTSD.
PTSD results from an endocannabinoid deficiency. The endocannabinoid
system is part of the brain and nervous system involved with appetite,
pain-sensation, mood, and memory. With PTSD, the body stops producing
enough endocannabinoids to fill receptor sites. This is where the canna-
binoids found in marijuana play a therapeutic role.
Of the 28 states with medical marijuana programs, 23 cover patients with
PTSD. Six of those states collect patient use data. Extrapolating from
the relative number of PTSD patients in those six states, approximately
19,000 patients with PTSD in New York could benefit from the use of
medical marijuana.
Some argue that treatment of PTSD with medical marijuana is not based on
double-blind clinical studies proving its efficacy. However, most of the
drugs commonly used to treat PTSD also lack clinical proof of their
efficacy. Only two drugs have been approved by the FDA for the treatment
of PTSD: sertraline (Zoloft), and paroxetine (Paxil). Unlike medical
marijuana, both of these drugs have serious side effects, including the
risk of suicide, weight gain, and the onset of diabetes. Every other
drug used in the treatment of PTSD is prescribed "off label," which
means they were not approved by the FDA for the treatment of PTSD. Many
of these drugs, which include benzodiazepines, antipsychotics, and mood
stabilizers, are even more dangerous and addictive than Zoloft and
Paxil. Indeed, the Army Surgeon General issued a warning against the use
of antipsychotics for veterans with PTSD in 2012.
While available research about medical marijuana for PTSD is limited-be-
cause of federal obstacles to conducting such research-the research that
does exist supports the use. For example, a Canadian study involving
naboline - a prescription drug made of a synthetic cannabinoid (compo-
nent of marijuana) reported that, "The majority of patients (72%)
receiving naboline experienced either cessation of nightmares or a
significant reduction in nightmare intensity. Subjective improvement in
sleep time, the quality of sleep, and the reduction of day-time flash-
backs and nightsweats were also noted by some patients."
In New Mexico, a 2014 study of 80 patients who administered medical
marijuana for PTSD, pursuant to state law, found "greater than 75%
reduction in CAPS (Clinician Administered Post-traumatic Scale) symptom
scores were reported when patients were using cannabis than when they
were not... There is extensive evidence that cannabinoids may facilitate
extinction of aversive memories." They also found a 77% reduction in
suicidal thoughts, and a 50% reduction in the use of medications. The
New Mexico study also reported that not a single adverse event occurred
among over 3,350 patients with PTSD using medical marijuana that they
were tracking.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
The State of New York and certain counties will realize additional tax
revenue from the sale of medical marijuana to patients with PTSD.
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
7006
2017-2018 Regular Sessions
IN ASSEMBLY
March 29, 2017
___________
Introduced by M. of A. GOTTFRIED, KEARNS, ZEBROWSKI, ORTIZ, MOSLEY,
LAVINE, HUNTER, COOK, HEVESI, D'URSO, SKOUFIS, SIMON, GLICK, McDONALD,
M. L. MILLER, SEPULVEDA, WALTER, PEOPLES-STOKES, HOOPER, GALEF, RICH-
ARDSON, MOYA, CARROLL, BLAKE, LUPARDO, BRINDISI -- Multi-Sponsored by
-- M. of A. CAHILL, DINOWITZ, FARRELL, LENTOL, McDONOUGH, McLAUGHLIN,
MORINELLO, ROZIC -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to conditions permit-
ting the use of medical marihuana
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 7 of section 3360 of the
2 public health law, as added by chapter 90 of the laws of 2014, is
3 amended to read as follows:
4 (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, or as added by the
12 commissioner; and
13 (ii) any of the following conditions where it is clinically associated
14 with, or a complication of, a condition under this paragraph or its
15 treatment: cachexia or wasting syndrome; severe or chronic pain; severe
16 nausea; seizures; severe or persistent muscle spasms; or such conditions
17 as are added by the commissioner.
18 § 2. This act shall take effect immediately; provided that the amend-
19 ments to title 5-A of article 33 of the public health law made by
20 section one of this act shall not affect the repeal of such title and
21 shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10804-01-7
