NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8317
SPONSOR: Lupardo (MS) TITLE OF BILL:
An act to amend the public health law, in relation to the possession and
use of cannabis oil; and providing for the repeal of such provisions
upon expiration thereof
PURPOSE:
This legislation would allow for the possession of low THC oil for
medical purposes without fear of prosecution.
SUMMARY OF PROVISIONS:
§ 1 amends section 3360 of the public health law by adding the defi-
nition for low THC oil.
§ 2 amends section 3361 to allow practitioners to issue a certification
for low THC oil.
§ 3 amends section 3362 of the public health law to clarify the circum-
stances in which low THC oil may be possessed.
§ 4 is the effective date.
JUSTIFICATION:
Parents of children with intractable epilepsy have expressed a sense of
urgency about the need to make low THC oil available immediately to
treat their children's symptoms. As New Yorkers wait for the state's
medical marihuana program to get up and running, this bill would provide
a reprieve to those parents and children suffering from this serious
condition. This bill would ensure that patients or caregivers have a
valid certification, but provide protections for parents who are found
in possession of low THC oil. It will also provide protections for
doctors who prescribe the oil.
This bill is common sense solution to aid parents and children in
accessing this critical medicine, while honoring the states commitment
to a safe medical marihuana program.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that the
amendments to title 5-A of article 33 of the public health law made by
sections one, three and four of this act shall not affect the repeal of
such title and shall be deemed repealed therewith; and provided further
that the provisions of this act shall expire and be deemed repealed one
year after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
8317
2015-2016 Regular Sessions
IN ASSEMBLY
June 23, 2015
___________
Introduced by M. of A. LUPARDO, GOTTFRIED -- read once and referred to
the Committee on Health
AN ACT to amend the public health law, in relation to the possession and
use of cannabis oil; and providing for the repeal of such provisions
upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3360 of the public health law is amended by adding
2 a new subdivision 18 to read as follows:
3 18. "Low THC oil" means an oil that contains not more than five
4 percent by weight of tetrahydrocannabinol and an amount of cannabidiol
5 equal to or greater than the amount of tetrahydrocannabinol. Low THC oil
6 shall be deemed to be medical marihuana without regard to determination
7 or approval by the commissioner.
8 § 2. Subdivision 3 of section 3361 of the public health law, as added
9 by chapter 90 of the laws of 2014, is amended to read as follows:
10 3. (a) In making a certification, the practitioner shall consider the
11 form of medical marihuana the patient should consume, including the
12 method of consumption and any particular strain, variety, and quantity
13 or percentage of marihuana or particular active ingredient, and appro-
14 priate dosage. The practitioner shall state in the certification any
15 recommendation or limitation the practitioner makes, in his or her
16 professional opinion, concerning the appropriate form or forms of
17 medical marihuana and dosage.
18 (b) A practitioner may issue a certification for the use of low THC
19 oil.
20 § 3. Paragraphs (a), (c) and (d) of subdivision 1 of section 3362 of
21 the public health law, as added by chapter 90 of the laws of 2014, are
22 amended and a new paragraph (e) is added to read as follows:
23 (a) the marihuana that may be possessed by a certified patient shall
24 not exceed a thirty day supply, or a ninety day supply in the case of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11699-04-5
A. 8317 2
1 low THC oil, of the dosage as determined by the practitioner, consistent
2 with any guidance and regulations issued by the commissioner, provided
3 that during the last seven days of any thirty day period, the certified
4 patient may also possess up to such amount for the next thirty day peri-
5 od;
6 (c) the form or forms of medical marihuana that may be possessed by
7 the certified patient or designated caregiver pursuant to a certif-
8 ication shall be in compliance with any recommendation or limitation by
9 the practitioner as to the form or forms of medical marihuana or dosage
10 for the certified patient in the certification; [and]
11 (d) the medical marihuana shall be kept in the original package in
12 which it was dispensed under subdivision twelve of section thirty-three
13 hundred sixty-four of this title or otherwise dispensed, except for the
14 portion removed for immediate consumption for certified medical use by
15 the certified patient[.]; and
16 (e) where the certification specifies and is limited to use of THC
17 oil, possession of low THC oil shall be lawful under this title without
18 regard to whether it was obtained pursuant to this title.
19 § 4. This act shall take effect immediately; provided, however, that
20 the amendments to title 5-A of article 33 of the public health law made
21 by sections one, two and three of this act shall not affect the repeal
22 of such title and shall be deemed repealed therewith; and provided
23 further that the provisions of this act shall expire and be deemed
24 repealed one year after it shall have become a law.
