STATE OF NEW YORK ________________________________________________________________________ 2566--A 2023-2024 Regular Sessions IN SENATE January 23, 2023 ___________ Introduced by Sen. COONEY -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the cannabis law, in relation to medical use cannabis; to amend chapter 90 of the laws of 2014 amending the public health law, the tax law, the state finance law, the general business law, the penal law and the criminal procedure law relating to medical use of marihuana, in relation to the effectiveness thereof; and to repeal article 33-A of the public health law relating to the controlled substances therapeutic research act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 44 and 45 of section 3 of the cannabis law are 2 amended to read as follows: 3 44. ["Registry application" means an application properly completed 4 and filed with the board by a certified patient under article three of 5 this chapter. 6 45. "Registry identification card"] "Registration" means [a document 7 that identifies] identifying information of a certified patient or 8 designated caregiver that is electronically filed by a practitioner and 9 confirmed by a registered organization or designated caregiver facility, 10 as provided under this chapter and as determined by the board in regu- 11 lation. 12 45. "Registry application" means an application properly completed and 13 filed with the office by a designated caregiver under article three of 14 this chapter. 15 § 2. Subdivisions 4, 5, 6, 7, 8, 9 and 10 of section 30 of the canna- 16 bis law are amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06534-02-4
S. 2566--A 2 1 4. [Every practitioner shall consult the prescription monitoring 2 program registry prior to making or issuing a certification, for the 3 purpose of reviewing a patient's controlled substance history. For 4 purposes of this section, a practitioner may authorize a designee to 5 consult the prescription monitoring program registry on his or her 6 behalf, provided that such designation is in accordance with section 7 thirty-three hundred forty-three-a of the public health law. 8 5.] The practitioner shall give the certification to the certified 9 patient or the certified patient's designated caregiver, and place a 10 copy in the patient's health care record. Such certification shall 11 include information sufficient for a registered organization to confirm 12 that the certification is valid in accordance with section thirty-two of 13 this article and as determined by the board in regulation. The board 14 may, by rules and regulations, establish a code, including but not 15 limited to quick response (QR) code, for each practitioner to provide a 16 certified patient or their designated caregiver with, to present to a 17 registered organization to obtain medical cannabis or medical cannabis 18 products from a registered organization. 19 [6.] 5. No practitioner shall issue a certification under this section 20 for themselves. 21 [7.] 6. A [registry identification card based on a] certification 22 shall expire [one year] two years after the date the certification is 23 signed by the practitioner, except as provided for in subdivision 24 [eight] seven of this section. 25 [8.] 7. (a) If the practitioner states in the certification that, in 26 the practitioner's professional opinion, the patient would benefit from 27 medical cannabis only until a specified earlier date, then the [registry 28 identification card] certification shall expire on that date; (b) if the 29 practitioner states in the certification that in the practitioner's 30 professional opinion the patient is terminally ill and that the certif- 31 ication shall not expire until the patient dies, then the [registry 32 identification card] certification shall [state] include a statement 33 that the patient is terminally ill and that the [registration card] 34 certification shall not expire until the patient dies; (c) if the prac- 35 titioner re-issues the certification to terminate the certification on 36 an earlier date, then the [registry identification card] certification 37 shall expire on that date and such practitioner shall [be] promptly 38 [destroyed by the certified patient] cancel the patient's certification; 39 (d) if the certification so provides, the [registry identification card] 40 certification shall state any recommendation or limitation by the prac- 41 titioner as to the form or forms of medical cannabis or dosage for the 42 certified patient; [and] (e) a practitioner may extend the expiration 43 date of a certification prior to the certification's expiration; (f) in 44 the case where a certification has expired and the practitioner deter- 45 mines that the patient would benefit from medical cannabis, the certif- 46 ication must be re-issued; and (g) the board shall make regulations to 47 implement this subdivision. 48 [9. (a) A certification may be a special certification if, in addition 49 to the other requirements for a certification, the practitioner certi- 50 fies in the certification that the patient's condition is progressive 51 and degenerative or that delay in the patient's certified medical use of 52 cannabis poses a risk to the patient's life or health. 53 (b) The office shall create the form to be used for a special certif- 54 ication and shall make that form available to be downloaded from the 55 office's website.
S. 2566--A 3 1 10.] 8. Prior to issuing a certification a practitioner must 2 complete[, at a minimum, a two-hour course] appropriate training as 3 determined by the board in regulation. For the purposes of this article 4 a person's status as a practitioner is deemed to be a "license" for the 5 purposes of section thirty-three hundred ninety of the public health law 6 and shall be subject to the same revocation process. 7 § 3. Subdivisions 1 and 2 of section 31 of the cannabis law are 8 amended to read as follows: 9 1. the cannabis or concentrated cannabis that may be possessed by a 10 certified patient shall not exceed the quantities authorized in section 11 222.05 of the penal law or a sixty-day supply [of the dosage determined 12 by the practitioner], whichever is greater, consistent with any guidance 13 and regulations issued by the board[, provided that during the last 14 seven days of any sixty-day period, the certified patient may also 15 possess up to such amount for the next sixty-day period]; 16 2. the cannabis or concentrated cannabis that may be possessed by a 17 designated [caregivers does] caregiver shall not exceed the quantities 18 [referred to in subdivision one of this section for each certified 19 patient for whom the caregiver possesses a valid registry identification 20 card, up to four certified patients] authorized in section 222.05 of the 21 penal law or a sixty-day supply for the certified patient, whichever is 22 greater; 23 § 4. Section 32 of the cannabis law is amended to read as follows: 24 § 32. [Registry identification cards] Validating medical cannabis 25 certifications. 1. [Upon approval of the] When presented with a certif- 26 ication from a practitioner, [the office] registered organizations shall 27 [issue registry identification cards for] confirm certifications and 28 government-issued photo identifications, pursuant to subdivision four of 29 section thirty of this article, of certified patients and designated 30 caregivers upon the production of such documentation by the certified 31 patient or designated caregiver as determined by the board in 32 regulation. [A registry identification card shall expire as provided in 33 this article or as otherwise provided in this section. The office shall 34 begin issuing registry identification cards as soon as practicable after 35 the certifications required by this chapter are granted. The office may 36 specify a form for a registry application, in which case the office 37 shall provide the form on request, reproductions of the form may be 38 used, and the form shall be available for downloading from the board's 39 or office's website.] 40 2. [To obtain, amend or renew a registry identification card, a certi- 41 fied patient or designated caregiver shall file a registry application 42 with the office, unless otherwise exempted by the board in regulation. 43 The registry application or renewal application shall include: 44 (a) in the case of a certified patient: 45 (i) the patient's certification, a new written certification shall be 46 provided with a renewal application if required by the office; 47 (ii) the name, address, and date of birth of the patient; 48 (iii) the date of the certification; 49 (iv) if the patient has a registry identification card based on a 50 current valid certification, the registry identification number and 51 expiration date of that registry identification card; 52 (v) the specified date until which the patient would benefit from 53 medical cannabis, if the certification states such a date; 54 (vi) the name, address, and telephone number of the certifying practi- 55 tioner;
S. 2566--A 4 1 (vii) any recommendation or limitation by the practitioner as to the 2 form or forms of medical cannabis or dosage for the certified patient; 3 (viii) if the certified patient designates a designated caregiver, the 4 name, address, and date of birth of the designated caregiver, and other 5 individual identifying information required by the board; 6 (ix) if the designated caregiver is a cannabis research license holder 7 under this chapter, the name of the organization conducting the 8 research, the address, phone number, name of the individual leading the 9 research or appropriate designee, and other identifying information 10 required by the board; and 11 (x) other individual identifying information required by the office; 12 (b) in the case of a designated caregiver: 13 (i) the name, address, and date of birth of the designated caregiver; 14 (ii) if the designated caregiver has a registry identification card, 15 the registry identification number and expiration date of that registry 16 identification card; and 17 (iii) other individual identifying information required by the office; 18 (c) a statement that a false statement made in the application is 19 punishable under section 210.45 of the penal law; 20 (d) the date of the application and the signature of the certified 21 patient or designated caregiver, as the case may be; 22 (e) any other requirements determined by the board.] Registered organ- 23 izations shall validate patient certifications and designated caregiver 24 registrations in a manner determined by the office. The authorized 25 representative of a registered organization shall designate and author- 26 ize specific employees to conduct the validation. 27 (a) When dispensing medical cannabis, authorized registered organiza- 28 tion employees shall not dispense any medical cannabis to a certified 29 patient or a designated caregiver unless the certified patient or desig- 30 nated caregiver presents to the authorized registered organization 31 employee a valid certification from a practitioner and a valid govern- 32 ment-issued photo identification, which the authorized registered organ- 33 ization employee shall use to validate that such person is eighteen 34 years of age or older and capable of consent as documented on the 35 certification, provided that such valid government-issued photo iden- 36 tification is issued by the commissioner of motor vehicles, a local 37 government agency within the state, the federal government, any United 38 States territory, commonwealth or possession, the District of Columbia, 39 a state government within the United States, or is a valid passport 40 issued by the United States government or any other country, or is an 41 identification card issued by the armed forces of the United States. 42 (b) The authorized representative of the registered organization shall 43 promptly notify the office if at any time any unauthorized person 44 accesses patient certification or designated caregiver data, if there is 45 evidence of tampering or fraud, or any other circumstances as determined 46 by the board in regulation. 47 2-a. A certified patient may designate a caregiver. The designation of 48 the caregiver and registration of the caregiver shall be determined by 49 the board in regulation. The designated caregiver application or renewal 50 application shall include: 51 (a) the name, address, and date of birth of the designated caregiver, 52 and other individual identifying information required by the board; 53 (b) the name and date of birth for each certified patient the desig- 54 nated caregiver is designated to care for; 55 (c) if the designated caregiver is a cannabis research license holder 56 under this chapter, the name of the organization conducting the
S. 2566--A 5 1 research, the address, phone number, name of the individual leading the 2 research or appropriate designee, and other identifying information 3 required by the board; 4 (d) a statement that a false statement made in the application is 5 punishable under section 210.45 of the penal law; 6 (e) the date of the application and the signature, which may be elec- 7 tronic, of the designated caregiver; and 8 (f) upon approval of the designated caregiver application, the office 9 shall provide the designated caregiver with a code, including but not 10 limited to a quick response (QR) code, that the designated caregiver 11 must present to the registered organization when obtaining medical 12 cannabis product or products. 13 3. Where a certified patient is under the age of eighteen or otherwise 14 incapable of consent: 15 (a) The [application for a registry identification card shall be made 16 by] certifying practitioner must obtain consent from the person [respon- 17 sible for making] legally authorized to make health care decisions [for] 18 on behalf of the patient for the use of medical cannabis product or 19 products and any device used for its administration. 20 (b) At least one designated caregiver is required to be provided upon 21 certification of the patient. The designated caregiver shall be: (i) a 22 parent or legal guardian of the certified patient; (ii) a person desig- 23 nated by a parent or legal guardian; (iii) an employee of a designated 24 caregiver facility, including a cannabis research license holder; or 25 (iv) an appropriate person approved by the office upon a sufficient 26 showing that no parent or legal guardian is appropriate or available. 27 4. No person may be a designated caregiver if the person is under 28 [twenty-one] eighteen years of age unless a sufficient showing is made 29 to the office that the person should be permitted to serve as a desig- 30 nated caregiver. The requirements for such a showing shall be determined 31 by the board. 32 5. No person may be a designated caregiver for more than four certi- 33 fied patients at one time; provided, however, that this limitation shall 34 not apply to a designated caregiver facility, or cannabis research 35 license holder as defined by this chapter. 36 6. If a certified patient wishes to change or terminate [his or her] 37 their designated caregiver, for whatever reason, the certified patient 38 shall notify the office as soon as practicable. The office shall issue a 39 notification in a manner determined by the office to the designated 40 caregiver that their registration [card] is invalid and [must be] shall 41 promptly [destroyed] remove such designated caregiver's registration 42 from the registry. The newly designated caregiver must comply with all 43 requirements set forth in this section. 44 7. [If the certification so provides, the registry identification card 45 shall contain any recommendation or limitation by the practitioner as to 46 the form or forms of medical cannabis or dosage for the certified 47 patient. 48 8. The office shall issue separate registry identification cards for 49 certified patients and designated caregivers as soon as reasonably prac- 50 ticable after receiving a complete application under this section, 51 unless it determines that the application is incomplete or factually 52 inaccurate, in which case it shall promptly notify the applicant. 53 9. If the application of a certified patient designates an individual 54 as a designated caregiver who is not authorized to be a designated care- 55 giver, that portion of the application shall be denied by the office but 56 that shall not affect the approval of the balance of the application.
S. 2566--A 6 1 10. A registry identification card shall: 2 (a) contain the name of the certified patient or the designated care- 3 giver as the case may be; 4 (b) contain the date of issuance and expiration date of the registry 5 identification card; 6 (c) contain a registry identification number for the certified patient 7 or designated caregiver, as the case may be and a registry identifica- 8 tion number; 9 (d) contain a photograph of the individual to whom the registry iden- 10 tification card is being issued, which shall be obtained by the office 11 in a manner specified by the board in regulations; provided, however, 12 that if the office requires certified patients to submit photographs for 13 this purpose, there shall be a reasonable accommodation of certified 14 patients who are confined to their homes due to their medical conditions 15 and may therefore have difficulty procuring photographs; 16 (e) be a secure document as determined by the board; 17 (f) plainly state any recommendation or limitation by the practitioner 18 as to the form or forms of medical cannabis or dosage for the certified 19 patient; and 20 (g) any other requirements determined by the board. 21 11.] A certified patient [or designated caregiver who has been issued 22 a registry identification card shall notify the office of any change in 23 his or her name or address or, with respect to the patient, if he or she 24 ceases to have the condition noted on the certification within ten days 25 of such change. The certified patient's or designated caregiver's regis- 26 try identification card shall be deemed invalid and shall be promptly 27 destroyed] shall notify their practitioner of any change in their name 28 or address and the practitioner shall update the certification accord- 29 ingly. 30 [12. If a certified patient or designated caregiver loses his or her 31 registry identification card, he or she shall notify the office within 32 ten days of losing the card. The office shall issue a new registry iden- 33 tification card as soon as practicable, which may contain a new registry 34 identification number, to the certified patient or designated caregiver, 35 as the case may be. 36 13. The office shall maintain a confidential list of the persons to 37 whom it has issued registry identification cards. Individual identifying 38 information obtained by the office under this article shall be confiden- 39 tial and exempt from disclosure under article six of the public officers 40 law. 41 14. The board shall verify to law enforcement personnel in an appro- 42 priate case whether a registry identification card is valid and any 43 other relevant information necessary to protect patients' rights to 44 medical cannabis by confirming compliance with this article. 45 15.] 8. A designated caregiver who has been issued a registration 46 shall notify the office of any change in their name or address in a 47 manner determined by the office. 48 9. If a certified patient or designated caregiver willfully violates 49 any provision of this article as determined by the board, [his or her] 50 their certification, and [registry identification card] in the case of 51 the designated caregiver, their registration may be suspended or 52 revoked. This [is] may be in addition to any other penalty that [may] 53 would apply. 54 [16. The board shall make regulations for special certifications, 55 which shall include expedited procedures and which may require the 56 applicant to submit additional documentation establishing the clinical
S. 2566--A 7 1 basis for the special certification. If the board has not established 2 and made available a form for a registry application or renewal applica- 3 tion, then in the case of a special certification, a registry applica- 4 tion or renewal application that otherwise conforms with the require- 5 ments of this section shall not require the use of a form.] 6 10. The maintenance and access of records pertaining to certif- 7 ications, registrations, certified patients and designated caregivers 8 shall be in compliance with the federal health insurance portability and 9 accountability act of 1996, and with all privacy and confidentiality 10 protections afforded to individuals under the law. Information obtained 11 by the office under this article shall be confidential and exempt from 12 disclosure under article six of the public officers law. 13 11. Any practitioner or registered organization authorized represen- 14 tative or employee who is found to have knowingly and fraudulently 15 manipulated certified patient or designated caregiver information, or 16 whose knowing and negligent behavior or knowing actions directly related 17 to their duties pursuant to this section results in a serious threat to 18 the health and safety of a certified patient or patients, is guilty of a 19 class A misdemeanor. In the case that this misdemeanor complaint has 20 been filed against a practitioner, the board or office may additionally 21 refer any relevant internal findings to the department of health or the 22 state education department if the board or office concludes the 23 violation may warrant professional disciplinary intervention. 24 § 5. The cannabis law is amended by adding a new section 32-a to read 25 as follows: 26 § 32-a. Medical cannabis patient reciprocity. 1. Subject to the 27 provisions of this article and the rules and regulations of the board 28 promulgated thereunder, medical cannabis patients from other states 29 within the United States, United States territories, commonwealths or 30 possessions, or the District of Columbia are authorized to obtain 31 medical cannabis or medical cannabis products from a registered organ- 32 ization, provided such patient is deemed a certified patient or is 33 registered as a medical cannabis patient in their home state or juris- 34 diction and presents proof of such certification or registration and a 35 valid government-issued photo identification to a registered organiza- 36 tion. Such registered organization shall then validate such patient and 37 dispense medical cannabis pursuant to the procedures determined by the 38 board in regulation. 39 2. Medical cannabis patients from other states or jurisdictions of the 40 United States who obtain medical cannabis from a registered organization 41 in this state pursuant to subdivision one of this section shall comply 42 with: 43 (a) all provisions of this chapter and all rules and regulations 44 promulgated thereunder; and 45 (b) articles one hundred seventy-nine and two hundred twenty-two of 46 the penal law. 47 3. Certified patients in New York shall be authorized to obtain 48 medical cannabis or medical cannabis products from other states and 49 jurisdictions of the United States in accordance with the requirements 50 set forth by such state or other United States jurisdiction. 51 § 6. Subdivision 4 and paragraph (b) of subdivision 5 of section 34 of 52 the cannabis law are amended to read as follows: 53 4. (a) A registered organization may lawfully, in good faith, sell, 54 deliver, distribute or dispense medical cannabis to a certified patient 55 or designated caregiver upon presentation to the registered organization 56 of a valid [registry identification card] certification and valid
S. 2566--A 8 1 government-issued photo identification for that certified patient or 2 designated caregiver, pursuant to section thirty-two of this article. 3 When presented with the [registry identification card] certification, 4 the registered organization shall provide to the certified patient or 5 designated caregiver a receipt, which may be electronic, which shall 6 state: the name, address, and registry identification number of the 7 registered organization; the name and registry identification number of 8 the certified patient and the designated caregiver, if any; the date the 9 cannabis was sold; [any recommendation or limitation by the practitioner 10 as to the form or forms of medical cannabis or dosage for the certified 11 patient;] and the form and the quantity of medical cannabis sold. The 12 registered organization shall retain [a copy] any copies of [the] regis- 13 try identification [card] cards used by certified patients or designated 14 caregivers prior to the effective date of the chapter of the laws of two 15 thousand twenty-four that amended this paragraph and the receipt for six 16 years following the effective date of the chapter of the laws of two 17 thousand twenty-four that amended this paragraph and shall make such 18 records available to the office upon request. 19 (b) The proprietor of a registered organization shall file or cause to 20 be filed any dispensing receipt and certification information with the 21 office by electronic means on a real-time basis as the board shall 22 require by regulation. When filing dispensing receipt and certification 23 information electronically pursuant to this paragraph, the proprietor of 24 the registered organization shall dispose of any electronically recorded 25 [prescription] information in such manner as the board shall by regu- 26 lation require. 27 (b) When dispensing medical cannabis to a certified patient or desig- 28 nated caregiver, the registered organization[: (i)] shall not dispense 29 an amount greater than [a sixty-day supply to a certified patient until 30 the certified patient has exhausted all but a seven day supply provided 31 pursuant to a previously issued certification; and (ii) shall verify the 32 information in subparagraph (i) of this paragraph by consulting the 33 prescription monitoring program registry under] the amounts authorized 34 in section thirty-one of this article. 35 § 7. Subdivision 3 of section 37 of the cannabis law is amended to 36 read as follows: 37 3. The board shall [report every two years, beginning two years after 38 the effective date of this article, to the governor and the legislature 39 on] collect data and publish information related to the medical use of 40 cannabis under this article and make appropriate recommendations in its 41 annual report. 42 § 8. Section 41 of the cannabis law is amended to read as follows: 43 § 41. Home cultivation of medical cannabis. 1. Certified patients 44 [twenty-one] eighteen years of age or older may cultivate cannabis for 45 personal medical use. Designated caregivers twenty-one years of age or 46 older, caring for certified patients either younger than twenty-one 47 years of age or whose physical or cognitive impairments prevent them 48 from cultivating cannabis, may cultivate cannabis for use by such 49 patients, provided that no other caregiver is growing for said patient 50 or patients. [All cultivation] Cultivation under this section shall be 51 in accordance with section 222.15 of the penal law and any regulations 52 made by the board, provided that the maximum number of cannabis plants a 53 designated caregiver is authorized to grow is proportionately increased 54 for each patient they are growing for. 55 2. Nothing in this section shall be construed to permit any certified 56 patient or designated caregiver to sell any cultivated cannabis produced
S. 2566--A 9 1 by any cannabis plant which is or was cultivated for a certified patient 2 pursuant to this section to any other person, even if the certified 3 patient no longer needs or wants such cannabis; provided however, a 4 certified patient or designated caregiver shall be authorized to give 5 such cultivated cannabis to another certified patient in the amounts 6 authorized by section thirty-one of this article. Any certified patient 7 or designated caregiver who is found to be selling such cultivated 8 cannabis for compensation or other remuneration may be subject to any 9 relevant penalties in this chapter, the penal law, and the tax law. 10 § 9. Subdivision 4 of section 42 of the cannabis law is amended to 11 read as follows: 12 4. (a) [Certification applications] Certifications, certification 13 forms[,] and any certified patient or designated caregiver information 14 contained within a database[, and copies of registry identification 15 cards] shall be deemed exempt from public disclosure under sections 16 eighty-seven and eighty-nine of the public officers law. Upon specific 17 request by a certified patient to the office, the office shall verify 18 the requesting patient's status as a valid certified patient to the 19 patient's school or employer or other designated party, to ensure 20 compliance with the protections afforded by this section. 21 (b) The name, contact information, and other information relating to 22 practitioners [registered with the board] certifying patients under this 23 article shall be public information and shall be maintained on the 24 board's website accessible to the public in searchable form. However, if 25 a practitioner notifies the board in writing that [he or she does] they 26 do not want [his or her] their name and other information disclosed, 27 that practitioner's name and other information shall thereafter not be 28 public information or maintained on the board's website, unless the 29 practitioner cancels the request. 30 § 10. Article 33-A of the public health law is REPEALED. 31 § 11. The commissioner of health, the executive director of the office 32 of cannabis management and the commissioner of education, or their 33 designees, shall work in conjunction to expeditiously transfer any 34 records, documents and papers of the controlled substances therapeutic 35 research act and the Antonio G. Olivieri controlled substances therapeu- 36 tic research program repealed by section ten of this act, from the 37 department of health to the office of cannabis management and the state 38 archives. 39 § 12. Section 12 of chapter 90 of the laws of 2014 amending the public 40 health law, the tax law, the state finance law, the general business 41 law, the penal law and the criminal procedure law relating to medical 42 use of marihuana, as amended by chapter 92 of the laws of 2021, is 43 amended to read as follows: 44 § 12. This act shall take effect immediately; provided, however that 45 sections one, three, four, five, six, seven-a[,] and eight[, nine, ten 46 and eleven] of this act shall expire and be deemed repealed [fourteen] 47 nine years after such date; provided that the amendments to section 48 171-a of the tax law made by section seven of this act shall take effect 49 on the same date and in the same manner as section 54 of part A of chap- 50 ter 59 of the laws of 2014 takes effect and shall not expire and be 51 deemed repealed; and provided, further, that the amendments to subdivi- 52 sion 5 of section 410.91 of the criminal procedure law made by section 53 eleven of this act shall not affect the expiration and repeal of such 54 section and shall expire and be deemed repealed therewith. 55 § 13. This act shall take effect immediately; provided, however that 56 sections one, two, three, four, five, six, eight and nine of this act
S. 2566--A 10 1 shall take effect on the ninetieth day after it shall have become a law; 2 and provided, further, that sections ten and eleven of this act shall 3 take effect on the one hundred eightieth day after it shall have become 4 a law.