A09517 Summary:

COSPNSRDinowitz, Paulin, Hevesi, Lupardo, Zebrowski, Skartados, Ortiz, Brindisi, Cook, Sepulveda, Abinanti, Katz, McDonald, Seawright
MLTSPNSRBlake, Hyndman, Simon
Amd 3360 & 3362, Pub Health L
Relates to forms of marihuana authorized for medical use.
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A09517 Actions:

03/10/2016referred to health
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A09517 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Gottfried (MS)
  TITLE OF BILL: An act to amend the public health law, in relation to forms of marihuana authorized for medical use   PURPOSE: To allow medical marihuana to be smoked for medical use   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends subdivisions 1 and 8 of § 3360 of the Public Health Law to remove prohibitions on smoking medical marihuana. Section 2: Amends subdivision 2 of section 3362 of the public health law to prohibit smoking of medical marihuana in any place where tobacco may not be smoked under Article 13-E of the Public Health Law (Clean Indoor Air Act). Section 3: Effective date.   JUSTIFICATION: For some patients, smoking is the most affordable delivery method, and it enables them to effectively limit dosage. Medical marihuana patients are not interested in getting intoxicated: they want to control their symptoms and get on with their work. The medical marihuana law does not allow smoking as a delivery method for medical marihuana. New York is one of only two out of 25 medical marihuana programs that prohibit it. This legislation would expand access for those patients while protecting the public by making medical marihuana subject to the Clean Indoor Air Act.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A09517 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                     March 10, 2016
        Introduced  by  M.  of  A. GOTTFRIED, DINOWITZ, PAULIN, HEVESI, LUPARDO,
          sored  by -- M.  of A. BLAKE, HYNDMAN, SIMON -- read once and referred
          to the Committee on Health
        AN ACT to amend the public health law, in relation to forms of marihuana
          authorized for medical use

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivisions 1 and 8 of section 3360 of the public health
     2  law, as added by chapter 90 of the laws of 2014, are amended to read  as
     3  follows:
     4    1. "Certified medical use" means the acquisition, possession, use, or,
     5  transportation  of  medical  marihuana  by  a  certified patient, or the
     6  acquisition, possession, delivery, transportation or  administration  of
     7  medical  marihuana  by  a  designated  caregiver, for use as part of the
     8  treatment of the patient's serious condition, as authorized in a certif-
     9  ication under this title including  enabling  the  patient  to  tolerate
    10  treatment  for  the serious condition. [A certified medical use does not
    11  include smoking.]
    12    8. "Medical marihuana" means marihuana as defined in subdivision twen-
    13  ty-one of section thirty-three hundred two of this article, intended for
    14  a certified medical use[, as determined by the commissioner  in  his  or
    15  her  sole  discretion. Any form of medical marihuana not approved by the
    16  commissioner is expressly prohibited].
    17    § 2. Subdivision 2 of section 3362 of the public health law, as  added
    18  by chapter 90 of laws of 2014, is amended to read as follows:
    19    2. Notwithstanding subdivision one of this section:
    20    (a)  possession  of  medical  marihuana shall not be lawful under this
    21  title if it is smoked, consumed, vaporized, or grown in a public  place,
    22  regardless  of  the  form  of  medical marihuana stated in the patient's
    23  certification.
    24    (b) a person possessing  medical  marihuana  under  this  title  shall
    25  possess  his  or  her  registry identification card at all times when in
    26  immediate possession of medical marihuana.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 9517                             2
     1    (c) medical marihuana may not be smoked in any place where tobacco may
     2  not be smoked under article thirteen-E of this  chapter,  regardless  of
     3  the form of medical marihuana stated in the patient's certification.
     4    §  3. This act shall take effect immediately; provided that the amend-
     5  ments to title 5-A of article 33 of the public health law made  by  this
     6  act  shall  not  affect  the  repeal  of  such title and shall be deemed
     7  repealed therewith.
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