NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9514A
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:
To allow medical marihuana to be used to treat severe chronic pain
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends subdivision 7 of § 3360 of the Public Health Law by
adding "severe chronic pain" to the list of diseases and conditions
treatable by use of medical marihuana.
Section 2: Effective date.
JUSTIFICATION:
The medical marihuana law authorizes use of medical marihuana for treat-
ment of "severe or chronic pain" only when it is associated with another
of certain conditions. This legislation authorizes it for severe chronic
pain on its own.
Severe chronic pain is often treated with opioids that are much more
dangerous and addictive than medical marihuana. Research in the Journal
of the American Medical Association suggests that authorizing medical
marihuana for severe chronic pain treatment may reduce mortality from
opioid abuse. http://mediajamanetwork. com/news-itern/lower- opioid-
overdose- death- ratesassociated- with-state-medical- marijuana-laws/
Expanding the list of conditions to include severe chronic pain on its
own would offer critical treatment options to more patients whose lives
could be improved by medical marihuana.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
9514--A
IN ASSEMBLY
March 10, 2016
___________
Introduced by M. of A. GOTTFRIED, DINOWITZ, PAULIN, HEVESI, LUPARDO,
BLAKE, ZEBROWSKI, SKARTADOS, RUSSELL, ORTIZ, SIMON, BRINDISI, COOK,
SEPULVEDA, ABINANTI, KATZ, McDONALD -- Multi-Sponsored by -- M. of A.
HYNDMAN -- read once and referred to the Committee on Health --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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, severe chronic pain (in which other therapeutic
12 interventions, including opiate therapy, are contraindicated, ineffec-
13 tive, or likely to have more serious side effects), 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 § 2. This act shall take effect immediately; provided that the amend-
21 ments to title 5-A of article 33 of the public health law made by
22 section one of this act shall not affect the expiration and repeal of
23 such title and shall expire and be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13979-02-6
