Q-zone: marijuana act

An ACT to amend the public health law, in relation to medical use of marihuana.

Section 1. Legislative findings and intent. The legislature finds that thousands of New Yorkers have serious medical conditions that can be improved by medically-approved use of marihuana. The law should not stand between them and life- and health-sustaining treatment under physician supervision. This legislation follows the well-established public policy that a controlled substance can have a legitimate medical use. This policy and this legislation do not in any way diminish New York State's strong public policy and laws against illegal drug use.

It is the legislative intent that this legislation be implemented consistently with these findings and principles, through a reasonable and workable system with appropriate oversight, evaluation and continuing research.

2. Article 33 of the public health law is amended by adding a new title V-A, to read as follows:

TITLE V-A --MEDICAL USE OF MARIHUANA

3360. Definitions

3361. Certification of patients

3362. Possession and sale

3363. Registered organizations

3364. Reports by physicians: patient confidentiality

3365. Evaluation: research programs: reports by department

3366. Applicability of other provisions of this article

3360. Definitions

As used in this title, the following terms shall have the following meanings, unless the context clearly requires otherwise:
1. "Caregiver" means a person assisting a certified patient in care or treatment of a serious condition who is a health care provider (including an employee of a health care provider) or a person designated in writing by the certified patient.
2. "Certified medical use" means the medical use of marihuana by a certified patient for the serious condition specified in a certification under section 3361 of this title.
3. "Certified patient" means a patient certified under section 3361 of this title.
4. "Medical use" means use as part of the treatment of a serious condition, including enabling a patient to tolerate treatment for a serious condition.
5. "Public place" means a public place as defined in section 240.00 of the penal law.
6. "Registered organization" means a registered organization under section 3363 of this title.
7. "Serious condition" means a life-threatening, degenerative or permanently disabling condition, or a condition associated with or a complication of such a condition.

3361. Certification of patients

1. A physician may certifiy: that a patient has a serious condition, which shall be specified in the certification: that the patient is under the physician's care for the serious condition: and that, in the physician's medical judgment, the serious condition can and should be treated with the medical use of marihuana. The certification shall specify a period of time, not to exceed one year, during which it shall be valid.
2. The certification shall be in writing and include the date, the signature of the certifying physician, and the name and address of the patient. The commissioner may require by regulation that the certification shall be on a form provided by the department. The certification shall be given to the certified patient or a caregiver for the patient, and a copy shall be placed in the patient's medical record.

3362. Possession and sale

1. Possession
(a) Possession or manufacture of marihuana shall be lawful under this article where it is:
(i) by a certified patient, for his or her certified medical use; or
(ii) by a caregiver of a certified patient, for the purpose of delivering or administering it to the certified patient for his or here certified medical use; or
(iii) by a registered organization, for the purpose of lawful possession, sale,administration, delivering, dispensing or distributing under this title.

(b) Notwithstanding paragraph (a) of this subdivision, possession or manufacture of marihuana shall not be lawful under this title if:
(i) it is consumed or displayed in a public place: or
(ii) in the case of possession or manufacture by a certified patient or caregiver, the aggregate weight of the preparation, compound, mixture or substance containing marihuan is more than eight ounces, excluding the weight of any food other than marihuana.

2. Sale
it shall be lawful under this article to sell, administer, deliver, dispense, or distribute marihuana where it is:
(a) by a registered organization, to a certified patient or a caregiver of a certified patient, for a certified medical use:
(b) by any federal, state, or local law enforcement agency, to a registered organization: or
(c) by a caregiver of a certified patient, to the certified patient, for a certified medical use.

3363. Registered organizations

1. A registered organization shall be: (a) a not-for-profit corporation organized for the purpose of lawfully selling, administering, delivering, dispensing or distributing marihuana; (b) the department; or (c) a local health department.

2. Prior to possessing, selling, administering, delivering, dispensing or distributing marihuana under this title, a registered organization shall register with the department by filing a registration statement with the department, and thereafter shall file an annual registration statement with the department, in accordance with department regulations which shall provide for the form and content of the registration statement.

3. The department may suspend or terminate the registration of a registered organization, on grounds and using procedures under this article relating to a license, to teh extent consistent with this title>

3364. Reports by physicians: patient confidentiality

1. The department shall, by regualtion, require each physician who makes a certification under this title to file reports of each certification, on forms provided by the department, including an initial report and periodic follow-up reports not more frequently than every 90 days, covering the effective period of the certification. Each report shall include the date, effective period, and specified condition of the certification, and the name and address of the certifying physician. Each follow-up report shall include a brief statement of the level and pattern of marihuana use by the patient and the effectiveness of the medical use of marihuana for the patient.

2. The department shall not require any report or registration statement under this title to include the name, social security number, or other individual identifying information of a certified patient or caregiver. The department may develop a unique confidential identifier for certified patients which may require to be used in reports and registration statements under this title.

3365. Evaluation: research programs: report by department

1. The department may provide for the analysis and evaluation of reports filed by physicians and registered organizations under this title.

2. The department may develop, seek any necessary federal approval for, and carry out research programs relating to medical use of marihuana. Participation in any such research program shall be voluntary on the part of physicians, patients, and registered organizations.

3. The department shall report every two years, beginning one year after this title becomes a law, to governor and teh legislature on the medical use of marihuana under this title and make appropriate recommendations.

3366. Applicability of other provisions of this article

The provisions of this article shall apply to this title, except that where a provision of this title conflicts with another provision of this article, this title shall apply.

3. This act shall take effect immediately. The department of health shall make regulations and issue forms provided for in this act within 180 days after this act shall become a law.