|SAME AS||SAME AS S07251|
|COSPNSR||Dinowitz, Paulin, Hevesi, Lupardo, Zebrowski, Skartados, Ortiz, Brindisi, Cook, Sepulveda, Abinanti, Katz, McDonald, Seawright|
|MLTSPNSR||Blake, Hyndman, Simon|
|Amd §§3360 & 3362, Pub Health L|
|Relates to forms of marihuana authorized for medical use.|
|03/10/2016||referred to health|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9517 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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STATE OF NEW YORK ________________________________________________________________________ 9517 IN ASSEMBLY March 10, 2016 ___________ Introduced by M. of A. GOTTFRIED, DINOWITZ, PAULIN, HEVESI, LUPARDO, ZEBROWSKI, SKARTADOS, ORTIZ, BRINDISI, COOK, SEPULVEDA -- Multi-Spon- 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 not11 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 or15 her sole discretion. Any form of medical marihuana not approved by the16 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. LBD13608-02-6A. 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.