S T A T E O F N E W Y O R K ________________________________________________________________________ 6357 2013-2014 Regular Sessions I N A S S E M B L Y March 26, 2013 ___________ Introduced by M. of A. GOTTFRIED, LUPARDO, CAHILL, CASTRO, CLARK, CYMBROWITZ, DINOWITZ, HEVESI, LAVINE, PAULIN, PEOPLES-STOKES, ROSEN- THAL, STEVENSON, TITONE, ARROYO, BOYLAND, BRONSON, BROOK-KRASNY, COOK, CRESPO, DenDEKKER, ESPINAL, FAHY, JAFFEE, KAVANAGH, LIFTON, O'DONNELL, OTIS, RIVERA, ROBERTS, SKARTADOS, STECK, WEPRIN, ZEBROWSKI -- Multi- Sponsored by -- M. of A. ABINANTI, AUBRY, BRAUNSTEIN, BRENNAN, FARRELL, GALEF, GLICK, HIKIND, JACOBS, KELLNER, V. LOPEZ, MAGEE, MAISEL, MARKEY, McDONALD, MILLMAN, MOYA, PRETLOW, ROBINSON, RODRIGUEZ, SCARBOROUGH, SCHIMEL, SWEENEY, WEISENBERG, WRIGHT -- read once and referred to the Committee on Health AN ACT to amend the public health law, the tax law, the general business law and the penal law, in relation to medical use of marihuana THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative findings and intent. The legislature finds that 2 thousands of New Yorkers have serious medical conditions that can be 3 improved by medically-approved use of marihuana. The law should not 4 stand between them and treatment necessary for life and health. This 5 legislation follows the well-established public policy that a controlled 6 substance can have a legitimate medical use. Many controlled substances 7 that are legal for medical use (such as morphine and steroids) are ille- 8 gal for any other use. The purposes of article 33 of the public health 9 law include allowing legitimate use of controlled substances in health 10 care, including palliative care. This policy and this legislation do not 11 in any way diminish New York state's strong public policy and laws 12 against illegal drug use, nor should it be deemed in any manner to advo- 13 cate, authorize, promote, or legally or socially accept the use of mari- 14 huana for children or adults, for any non-medical use. This legislation 15 is an appropriate exercise of the state's legislative power to protect 16 the health of its people under article 17 of the state constitution and 17 the tenth amendment of the United States constitution. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01604-04-3 A. 6357 2 1 It is the legislative intent that this act be implemented consistently 2 with these findings and principles, through a reasonable and workable 3 system with appropriate oversight; strong "seed to sale" regulation to 4 prevent diversion, abuse, and other illegal conduct; reasonable access 5 to and appropriate use of medical marihuana by certified patients; eval- 6 uation; and continuing research. 7 S 2. Article 33 of the public health law is amended by adding a new 8 title 5-A to read as follows: 9 TITLE V-A 10 MEDICAL USE OF MARIHUANA 11 SECTION 3360. DEFINITIONS. 12 3361. CERTIFICATION OF PATIENTS. 13 3362. LAWFUL MEDICAL USE. 14 3363. REGISTRY IDENTIFICATION CARDS. 15 3364. REGISTERED ORGANIZATIONS. 16 3365. REGISTERING OF REGISTERED ORGANIZATIONS. 17 3366. REPORTS BY REGISTERED ORGANIZATIONS. 18 3367. EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT. 19 3368. RELATION TO OTHER LAWS. 20 3369. PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA. 21 3369-A. REGULATIONS. 22 3369-B. SEVERABILITY. 23 S 3360. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL 24 HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER- 25 WISE: 26 1. "CERTIFIED MEDICAL USE" MEANS THE ACQUISITION, POSSESSION, USE, 27 DELIVERY, TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF MEDICAL MARI- 28 HUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR USE AS PART OF 29 THE TREATMENT OF THE PATIENT'S SERIOUS CONDITION SPECIFIED IN A CERTIF- 30 ICATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE, 31 INCLUDING ENABLING THE PATIENT TO TOLERATE TREATMENT FOR THE SERIOUS 32 CONDITION. 33 2. "CARING FOR" MEANS TREATING OR COUNSELING A PATIENT, IN THE COURSE 34 OF WHICH THE PRACTITIONER HAS COMPLETED A FULL ASSESSMENT OF THE 35 PATIENT'S MEDICAL HISTORY AND CURRENT MEDICAL CONDITION. 36 3. "CERTIFIED PATIENT" MEANS A PATIENT WHO IS CERTIFIED UNDER SECTION 37 THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE. 38 4. "CERTIFICATION" MEANS A CERTIFICATION, MADE UNDER SECTION 39 THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE. 40 5. "DESIGNATED CAREGIVER" MEANS THE INDIVIDUAL DESIGNATED BY A CERTI- 41 FIED PATIENT IN A REGISTRY APPLICATION. 42 6. "PUBLIC PLACE" MEANS A PUBLIC PLACE AS DEFINED IN SECTION 240.00 OF 43 THE PENAL LAW, A MOTOR VEHICLE AS DEFINED IN SECTION ONE HUNDRED TWEN- 44 TY-FIVE OF THE VEHICLE AND TRAFFIC LAW, AN AIRCRAFT AS DEFINED IN 45 SECTION TWO HUNDRED FORTY OF THE GENERAL BUSINESS LAW OR A VESSEL AS 46 DEFINED IN SECTION TWO OF THE NAVIGATION LAW. 47 7. "SERIOUS CONDITION" MEANS A SEVERE DEBILITATING OR LIFE-THREATENING 48 CONDITION, INCLUDING, BUT NOT LIMITED TO, CANCER, GLAUCOMA, POSITIVE 49 STATUS FOR HUMAN IMMUNODEFICIENCY VIRUS OR ACQUIRED IMMUNE DEFICIENCY 50 SYNDROME, PARKINSON'S DISEASE, MULTIPLE SCLEROSIS, DAMAGE TO THE NERVOUS 51 TISSUE OF THE SPINAL CORD WITH OBJECTIVE NEUROLOGICAL INDICATION OF 52 INTRACTABLE SPASTICITY, EPILEPSY, CACHEXIA, WASTING SYNDROME, CROHN'S 53 DISEASE, POST-TRAUMATIC STRESS DISORDER, NEUROPATHY, FIBROMYALGIA, 54 ARTHRITIS, LUPUS, AND DIABETES, OR A CONDITION ASSOCIATED WITH OR A 55 COMPLICATION OF SUCH A CONDITION OR ITS TREATMENT (INCLUDING BUT NOT A. 6357 3 1 LIMITED TO INABILITY TO TOLERATE FOOD, NAUSEA, VOMITING, DYSPHORIA OR 2 PAIN) SUBJECT TO LIMITATION IN REGULATION OF THE COMMISSIONER. 3 8. "MEDICAL MARIHUANA" MEANS MARIHUANA AS DEFINED IN SUBDIVISION TWEN- 4 TY-ONE OF SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE INTENDED FOR 5 A CERTIFIED MEDICAL USE. 6 9. "REGISTERED ORGANIZATION" MEANS A REGISTERED ORGANIZATION UNDER 7 SECTIONS THIRTY-THREE HUNDRED SIXTY-FOUR AND THIRTY-THREE HUNDRED 8 SIXTY-FIVE OF THIS TITLE. 9 10. "REGISTRY APPLICATION" MEANS AN APPLICATION PROPERLY COMPLETED AND 10 FILED WITH THE DEPARTMENT BY A CERTIFIED PATIENT UNDER SECTION 11 THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE. 12 11. "REGISTRY IDENTIFICATION CARD" MEANS A DOCUMENT THAT IDENTIFIES A 13 CERTIFIED PATIENT OR DESIGNATED CAREGIVER, AS PROVIDED UNDER SECTION 14 THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE. 15 12. "PRACTITIONER" MEANS A PRACTITIONER WHO IS A PHYSICIAN, PHYSICIAN 16 ASSISTANT, OR NURSE PRACTITIONER, ACTING WITHIN THE PRACTITIONER'S 17 LAWFUL SCOPE OF PRACTICE. 18 13. "TERMINALLY ILL" MEANS AN INDIVIDUAL HAS A MEDICAL PROGNOSIS THAT 19 THE INDIVIDUAL'S LIFE EXPECTANCY IS APPROXIMATELY ONE YEAR OR LESS IF 20 THE ILLNESS RUNS ITS NORMAL COURSE. 21 S 3361. CERTIFICATION OF PATIENTS. 1. A PATIENT CERTIFICATION MAY ONLY 22 BE ISSUED IF A PRACTITIONER WHO IS CARING FOR THE PATIENT FOR A SERIOUS 23 CONDITION CERTIFIES THAT: (A) THE PATIENT HAS A SERIOUS CONDITION, WHICH 24 SHALL BE SPECIFIED IN THE PATIENT'S HEALTH CARE RECORD; (B) THE PATIENT 25 IS UNDER THE PRACTITIONER'S CARE FOR THE SERIOUS CONDITION; AND (C) IN 26 THE PRACTITIONER'S PROFESSIONAL OPINION, THE PATIENT IS LIKELY TO 27 RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE PRIMARY OR ADJUNCTIVE 28 TREATMENT WITH MEDICAL USE OF MARIHUANA FOR THE SERIOUS CONDITION. 29 2. THE CERTIFICATION SHALL BE IN WRITING AND INCLUDE (A) THE NAME, 30 DATE OF BIRTH AND ADDRESS OF THE PATIENT; (B) A STATEMENT THAT THE 31 PATIENT HAS A SERIOUS CONDITION; THE PATIENT IS UNDER THE PRACTITIONER'S 32 CARE FOR THE SERIOUS CONDITION AND, IN THE PRACTITIONER'S PROFESSIONAL 33 OPINION, THE PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE 34 BENEFIT FROM THE PRIMARY OR ADJUNCTIVE TREATMENT WITH MEDICAL USE OF 35 MARIHUANA FOR THE SERIOUS CONDITION; (C) THE DATE; AND (D) THE NAME, 36 ADDRESS, FEDERAL REGISTRATION NUMBER, TELEPHONE NUMBER, AND THE HAND- 37 WRITTEN SIGNATURE OF THE CERTIFYING PRACTITIONER. THE COMMISSIONER MAY 38 REQUIRE BY REGULATION THAT THE CERTIFICATION SHALL BE ON A FORM PROVIDED 39 BY THE DEPARTMENT IF THE COMMISSIONER DETERMINES THAT THE DEPARTMENT IS 40 MAKING CERTIFICATION FORMS ADEQUATELY AVAILABLE. THE PRACTITIONER MAY 41 STATE IN THE CERTIFICATION THAT, IN THE PRACTITIONER'S PROFESSIONAL 42 OPINION THE PATIENT WOULD BENEFIT FROM MEDICAL MARIHUANA ONLY UNTIL A 43 SPECIFIED DATE. THE PRACTITIONER MAY STATE IN THE CERTIFICATION THAT, IN 44 THE PRACTITIONER'S PROFESSIONAL OPINION THE PATIENT IS TERMINALLY ILL 45 AND THAT THE CERTIFICATION SHALL NOT EXPIRE UNTIL THE PATIENT DIES. 46 3. THE PRACTITIONER SHALL GIVE THE CERTIFICATION TO THE CERTIFIED 47 PATIENT, AND PLACE A COPY IN THE PATIENT'S HEALTH CARE RECORD. 48 4. NO PRACTITIONER SHALL ISSUE A CERTIFICATION UNDER THIS SECTION FOR 49 HIMSELF OR HERSELF. 50 5. A REGISTRY IDENTIFICATION CARD BASED ON A CERTIFICATION SHALL 51 EXPIRE ONE YEAR AFTER THE DATE THE CERTIFICATION IS SIGNED BY THE PRAC- 52 TITIONER; EXCEPT THAT WHERE A CERTIFIED PATIENT HAS A REGISTRY IDENTIFI- 53 CATION CARD BASED ON A CURRENT VALID CERTIFICATION, A NEW REGISTRY IDEN- 54 TIFICATION CARD BASED ON A NEW CERTIFICATION SHALL EXPIRE ONE YEAR AFTER 55 THE EXPIRATION OF THE REGISTRY IDENTIFICATION CARD BASED ON THE CURRENT 56 VALID CERTIFICATION. HOWEVER, A. 6357 4 1 (A) IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT, IN THE PRAC- 2 TITIONER'S PROFESSIONAL OPINION, THE PATIENT WOULD BENEFIT FROM MEDICAL 3 MARIHUANA ONLY UNTIL A SPECIFIED EARLIER DATE, THEN THE REGISTRY IDEN- 4 TIFICATION CARD SHALL EXPIRE ON THAT DATE; 5 (B) IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT IN THE PRAC- 6 TITIONER'S PROFESSIONAL OPINION THE PATIENT IS TERMINALLY ILL AND THAT 7 THE CERTIFICATION SHALL NOT EXPIRE UNTIL THE PATIENT DIES, THEN THE 8 REGISTRY IDENTIFICATION CARD SHALL NOT EXPIRE UNTIL THE PATIENT DIES; 9 AND 10 (C) IF THE PRACTITIONER RE-ISSUES THE CERTIFICATION TO TERMINATE THE 11 CERTIFICATION ON AN EARLIER DATE, THEN THE REGISTRY IDENTIFICATION CARD 12 SHALL EXPIRE ON THAT DATE AND SHALL BE PROMPTLY RETURNED BY THE CERTI- 13 FIED PATIENT TO THE DEPARTMENT. 14 S 3362. LAWFUL MEDICAL USE. 1. THE POSSESSION, ACQUISITION, USE, 15 DELIVERY, TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF MEDICAL MARI- 16 HUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER POSSESSING A VALID 17 REGISTRY IDENTIFICATION CARD, FOR CERTIFIED MEDICAL USE, SHALL BE LAWFUL 18 UNDER THIS TITLE; PROVIDED THAT: 19 (A) THE MARIHUANA THAT MAY BE POSSESSED BY A CERTIFIED PATIENT DOES 20 NOT EXCEED A TOTAL AGGREGATE WEIGHT OF TWO AND ONE-HALF OUNCES OF MARI- 21 HUANA; AND 22 (B) THE MARIHUANA THAT MAY BE POSSESSED BY A DESIGNATED CAREGIVER DOES 23 NOT EXCEED THE QUANTITIES REFERRED TO IN PARAGRAPH (A) OF THIS SUBDIVI- 24 SION FOR EACH CERTIFIED PATIENT FOR WHOM THE CAREGIVER POSSESSES A VALID 25 REGISTRY IDENTIFICATION CARD, UP TO FIVE CERTIFIED PATIENTS. 26 2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION: 27 (A) POSSESSION OF MARIHUANA SHALL NOT BE LAWFUL UNDER THIS TITLE IF IT 28 IS CONSUMED, GROWN OR DISPLAYED IN A PUBLIC PLACE; 29 (B) MEDICAL MARIHUANA MAY NOT BE SMOKED IN ANY PLACE WHERE TOBACCO MAY 30 NOT BE SMOKED UNDER ARTICLE THIRTEEN-E OF THIS CHAPTER; 31 (C) EXCEPT THAT IN A HEALTH CARE FACILITY, MEDICAL MARIHUANA MAY BE 32 SMOKED BY A PATIENT OF THE FACILITY, SUBJECT TO OTHER PROVISIONS OF THIS 33 TITLE, IN AN AREA, AND UNDER CIRCUMSTANCES, PERMITTED BY THE FACILITY, 34 PROVIDED THAT THE PATIENT DOES NOT SMOKE IN THE PRESENCE OF PATIENTS WHO 35 ARE NOT CERTIFIED UNDER THIS TITLE. 36 3. IT SHALL BE LAWFUL UNDER THIS ARTICLE TO GIVE OR DISPOSE OF MARI- 37 HUANA, OBTAINED UNDER THIS TITLE, FOR CERTIFIED MEDICAL USE, BETWEEN 38 CERTIFIED PATIENTS AND OTHER CERTIFIED PATIENTS, AND BETWEEN A DESIG- 39 NATED CAREGIVER AND THE DESIGNATED CAREGIVER'S CERTIFIED PATIENT WHERE 40 NOTHING OF VALUE IS TRANSFERRED IN RETURN, OR TO OFFER TO DO THE SAME. 41 THIS PROHIBITION ON TRANSFERRING OR OFFERING TO TRANSFER A THING OF 42 VALUE SHALL NOT: 43 (A) APPLY TO SALE OF MEDICAL MARIHUANA TO OR BY A REGISTERED ORGANIZA- 44 TION UNDER THIS ARTICLE; NOR 45 (B) PREVENT A DESIGNATED CAREGIVER FROM BEING REIMBURSED FOR REASON- 46 ABLE COSTS OR ACTIVITIES RELATING TO CARING FOR A CERTIFIED PATIENT, 47 INCLUDING, BUT NOT LIMITED TO, REIMBURSEMENT FOR LEGITIMATE EXPENSES 48 RELATING TO THE PURCHASE OF MEDICAL MARIHUANA FROM A REGISTERED ORGAN- 49 IZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-SIX OF THIS TITLE. 50 S 3363. REGISTRY IDENTIFICATION CARDS. 1. THE DEPARTMENT SHALL ISSUE 51 REGISTRY IDENTIFICATION CARDS FOR CERTIFIED PATIENTS AND DESIGNATED 52 CAREGIVERS. A REGISTRY IDENTIFICATION CARD SHALL EXPIRE AS PROVIDED IN 53 SECTION THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE OR AS OTHERWISE 54 PROVIDED IN THIS SECTION. THE DEPARTMENT SHALL BEGIN ISSUING REGISTRY 55 IDENTIFICATION CARDS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF 56 THIS SECTION. THE DEPARTMENT MAY SPECIFY A FORM FOR A REGISTRY APPLICA- A. 6357 5 1 TION, IN WHICH CASE THE DEPARTMENT SHALL PROVIDE THE FORM ON REQUEST, 2 REPRODUCTIONS OF THE FORM MAY BE USED, AND THE FORM SHALL BE AVAILABLE 3 FOR DOWNLOADING FROM THE DEPARTMENT'S WEBSITE. 4 2. TO OBTAIN, AMEND OR RENEW A REGISTRY IDENTIFICATION CARD, A CERTI- 5 FIED PATIENT OR DESIGNATED CAREGIVER SHALL FILE A REGISTRY APPLICATION 6 WITH THE DEPARTMENT. THE REGISTRY APPLICATION OR RENEWAL APPLICATION 7 SHALL INCLUDE: 8 (A) IN THE CASE OF A CERTIFIED PATIENT, THE ORIGINAL PATIENT'S CERTIF- 9 ICATION (A NEW WRITTEN CERTIFICATION SHALL BE PROVIDED WITH A RENEWAL 10 APPLICATION); 11 (B) IN THE CASE OF A CERTIFIED PATIENT, 12 (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT; 13 (II) THE DATE OF THE CERTIFICATION; 14 (III) IF THE PATIENT HAS A REGISTRY IDENTIFICATION CARD BASED ON A 15 CURRENT VALID CERTIFICATION, THE REGISTRY IDENTIFICATION NUMBER AND 16 EXPIRATION DATE OF THAT REGISTRY IDENTIFICATION CARD; 17 (IV) THE SPECIFIED DATE UNTIL WHICH THE PATIENT WOULD BENEFIT FROM 18 MEDICAL MARIHUANA, IF THE CERTIFICATION STATES SUCH A DATE; 19 (V) THE NAME, ADDRESS, FEDERAL REGISTRATION NUMBER, AND TELEPHONE 20 NUMBER OF THE CERTIFYING PRACTITIONER; AND 21 (VI) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART- 22 MENT; 23 (C) IN THE CASE OF A CERTIFIED PATIENT, IF THE PATIENT DESIGNATES A 24 DESIGNATED CAREGIVER, THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIG- 25 NATED CAREGIVER, AND OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED 26 BY THE DEPARTMENT; A CERTIFIED PATIENT MAY DESIGNATE UP TO TWO DESIG- 27 NATED CAREGIVERS; EXCEPT THAT A CERTIFIED PATIENT MAY DESIGNATE MORE 28 THAN TWO CAREGIVERS IF THE ADDITIONAL CAREGIVERS ARE MEMBERS OF THE 29 CERTIFIED PATIENT'S IMMEDIATE FAMILY OR PHYSICAL HOUSEHOLD; 30 (D) IN THE CASE OF A DESIGNATED CAREGIVER, 31 (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIGNATED CAREGIVER; 32 (II) IF THE DESIGNATED CAREGIVER HAS A REGISTRY IDENTIFICATION CARD, 33 THE REGISTRY IDENTIFICATION NUMBER AND EXPIRATION DATE OF THAT REGISTRY 34 IDENTIFICATION CARD; AND 35 (III) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART- 36 MENT; 37 (E) A STATEMENT THAT A FALSE STATEMENT MADE IN THE APPLICATION IS 38 PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW; 39 (F) THE DATE OF THE APPLICATION AND THE SIGNATURE OF THE CERTIFIED 40 PATIENT OR DESIGNATED CAREGIVER, AS THE CASE MAY BE; AND 41 (G) A REASONABLE APPLICATION FEE, AS DETERMINED BY THE DEPARTMENT; 42 PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE THE FEE IN CASES OF 43 FINANCIAL HARDSHIP. 44 3. WHERE A CERTIFIED PATIENT IS UNDER THE AGE OF EIGHTEEN: 45 (A) THE APPLICATION FOR A REGISTRY IDENTIFICATION CARD SHALL BE MADE 46 BY AN APPROPRIATE PERSON OVER TWENTY-ONE YEARS OF AGE. THE APPLICATION 47 SHALL STATE FACTS DEMONSTRATING THAT THE PERSON IS APPROPRIATE. 48 (B) THE DESIGNATED CAREGIVER SHALL BE (I) A PARENT OR LEGAL GUARDIAN 49 OF THE CERTIFIED PATIENT, (II) A PERSON DESIGNATED BY A PARENT OR LEGAL 50 GUARDIAN, OR (III) AN APPROPRIATE PERSON APPROVED BY THE DEPARTMENT UPON 51 A SUFFICIENT SHOWING THAT NO PARENT OR LEGAL GUARDIAN IS APPROPRIATE OR 52 AVAILABLE. 53 4. NO PERSON MAY BE A DESIGNATED CAREGIVER IF THE PERSON IS UNDER 54 TWENTY-ONE YEARS OF AGE UNLESS A SUFFICIENT SHOWING IS MADE TO THE 55 DEPARTMENT THAT THE PERSON SHOULD BE PERMITTED TO SERVE AS A DESIGNATED 56 CAREGIVER. A. 6357 6 1 5. NO PERSON MAY BE A DESIGNATED CAREGIVER FOR MORE THAN FIVE CERTI- 2 FIED PATIENTS AT ONE TIME. 3 6. THE DEPARTMENT SHALL ISSUE SEPARATE REGISTRY IDENTIFICATION CARDS 4 FOR CERTIFIED PATIENTS AND DESIGNATED CAREGIVERS WITHIN THIRTY DAYS OF 5 RECEIVING A COMPLETE APPLICATION UNDER THIS SECTION, UNLESS IT DETER- 6 MINES THAT THE APPLICATION IS INCOMPLETE OR FACIALLY INACCURATE, IN 7 WHICH CASE IT SHALL PROMPTLY NOTIFY THE APPLICANT. 8 7. IF THE APPLICATION OF A CERTIFIED PATIENT DESIGNATES AN INDIVIDUAL 9 AS A DESIGNATED CAREGIVER WHO IS NOT AUTHORIZED TO BE A DESIGNATED CARE- 10 GIVER, THAT PORTION OF THE APPLICATION SHALL BE DENIED BY THE DEPARTMENT 11 BUT THAT SHALL NOT AFFECT THE APPROVAL OF THE BALANCE OF THE APPLICA- 12 TION. 13 8. A REGISTRY IDENTIFICATION CARD SHALL CONTAIN: 14 (A) THE NAME OF THE CERTIFIED PATIENT OR THE DESIGNATED CAREGIVER AS 15 THE CASE MAY BE; 16 (B) THE DATE OF ISSUANCE AND EXPIRATION DATE OF THE REGISTRY IDENTIFI- 17 CATION CARD; 18 (C) A REGISTRY IDENTIFICATION NUMBER FOR THE CERTIFIED PATIENT OR 19 DESIGNATED CAREGIVER, AS THE CASE MAY BE AND A REGISTRY IDENTIFICATION 20 NUMBER; AND 21 (D) A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE REGISTRY IDENTIFICATION 22 CARD IS BEING ISSUED, WHICH SHALL BE OBTAINED BY THE DEPARTMENT IN A 23 MANNER SPECIFIED BY THE COMMISSIONER IN REGULATIONS; PROVIDED, HOWEVER, 24 THAT IF THE DEPARTMENT REQUIRES CERTIFIED PATIENTS TO SUBMIT PHOTOGRAPHS 25 FOR THIS PURPOSE, THERE SHALL BE A REASONABLE ACCOMMODATION OF CERTIFIED 26 PATIENTS WHO ARE CONFINED TO THEIR HOMES DUE TO THEIR MEDICAL CONDITIONS 27 AND MAY THEREFORE HAVE DIFFICULTY PROCURING PHOTOGRAPHS. 28 9. A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WHO HAS BEEN ISSUED A 29 REGISTRY IDENTIFICATION CARD SHALL NOTIFY THE DEPARTMENT OF ANY CHANGE 30 IN HIS OR HER NAME OR ADDRESS OR, WITH RESPECT TO THE PATIENT, OR IF HE 31 OR SHE CEASES TO HAVE THE SERIOUS CONDITION NOTED ON THE CERTIFICATION 32 WITHIN TEN DAYS OF SUCH CHANGE. 33 10. IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER LOSES HIS OR HER 34 REGISTRY IDENTIFICATION CARD, HE OR SHE SHALL NOTIFY THE DEPARTMENT AND 35 SUBMIT A TEN DOLLAR FEE WITHIN TEN DAYS OF LOSING THE CARD TO MAINTAIN 36 THE REGISTRATION. THE DEPARTMENT MAY ESTABLISH HIGHER FEES FOR ISSUING 37 A NEW REGISTRY IDENTIFICATION CARD FOR SECOND AND SUBSEQUENT REPLACE- 38 MENTS FOR A LOST CARD, PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE 39 THE FEE IN CASES OF FINANCIAL HARDSHIP. WITHIN FIVE DAYS AFTER SUCH 40 NOTIFICATION AND PAYMENT, THE DEPARTMENT SHALL ISSUE A NEW REGISTRY 41 IDENTIFICATION CARD, WHICH MAY CONTAIN A NEW REGISTRY IDENTIFICATION 42 NUMBER, TO THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER, AS THE CASE 43 MAY BE. 44 11. THE DEPARTMENT SHALL MAINTAIN A CONFIDENTIAL LIST OF THE PERSONS 45 TO WHOM IT HAS ISSUED REGISTRY IDENTIFICATION CARDS. INDIVIDUAL IDENTI- 46 FYING INFORMATION OBTAINED BY THE DEPARTMENT UNDER THIS TITLE SHALL BE 47 CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC 48 OFFICERS LAW. NOTWITHSTANDING THIS SUBDIVISION, THE DEPARTMENT MAY NOTI- 49 FY ANY APPROPRIATE LAW ENFORCEMENT AGENCY OF INFORMATION RELATING TO ANY 50 VIOLATION OR SUSPECTED VIOLATION OF THIS TITLE. 51 12. THE DEPARTMENT SHALL VERIFY TO LAW ENFORCEMENT PERSONNEL IN AN 52 APPROPRIATE CASE WHETHER A REGISTRY IDENTIFICATION CARD IS VALID. 53 13. IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WILLFULLY VIOLATES 54 ANY PROVISION OF THIS TITLE AS DETERMINED BY THE DEPARTMENT, HIS OR HER 55 REGISTRY IDENTIFICATION CARD MAY BE SUSPENDED OR REVOKED. THIS IS IN 56 ADDITION TO ANY OTHER PENALTY THAT MAY APPLY. A. 6357 7 1 14. (A) REGISTRY IMPLEMENTATION DATE. AS USED IN THIS SUBDIVISION, THE 2 "REGISTRY IMPLEMENTATION DATE" IS THE DATE DETERMINED BY THE COMMISSION- 3 ER WHEN THE DEPARTMENT IS READY TO RECEIVE AND EXPEDITIOUSLY ACT ON 4 APPLICATIONS FOR REGISTRY IDENTIFICATION CARDS UNDER THIS SECTION. 5 (B) ON AND AFTER THE REGISTRY IMPLEMENTATION DATE, UPON RECEIPT OF AN 6 APPLICATION FOR A REGISTRY IDENTIFICATION CARD, THE DEPARTMENT SHALL 7 SEND TO THE APPLICANT A LETTER ACKNOWLEDGING SUCH RECEIPT. WHILE THE 8 APPLICATION FOR A REGISTRY IDENTIFICATION CARD IS PENDING, A COPY OF THE 9 REGISTRY APPLICATION, TOGETHER WITH A COPY OF THE CERTIFICATION (IN THE 10 CASE OF A CERTIFIED PATIENT) AND A COPY OF THE LETTER OF RECEIPT FROM 11 THE DEPARTMENT, SHALL SERVE AS AND HAVE THE SAME EFFECT AS A REGISTRY 12 IDENTIFICATION CARD FOR THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER, 13 PROVIDED THAT A CERTIFICATION AND APPLICATION SHALL NOT SERVE AS A VALID 14 REGISTRY IDENTIFICATION CARD AFTER THE INITIAL THIRTY DAY PERIOD UNDER 15 SUBDIVISION SIX OF THIS SECTION. THIS PARAGRAPH SHALL EXPIRE AND HAVE 16 NO EFFECT ONE YEAR AFTER THE REGISTRY IMPLEMENTATION DATE. 17 15. IF THE DEPARTMENT FAILS TO BEGIN ISSUING REGISTRY IDENTIFICATION 18 CARDS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, A 19 PATIENT'S CERTIFICATION SHALL SERVE AS THE REGISTRY IDENTIFICATION CARD 20 FOR BOTH THE PATIENT AND THE PATIENT'S DESIGNATED CAREGIVER. 21 S 3364. REGISTERED ORGANIZATIONS. 1. A REGISTERED ORGANIZATION SHALL 22 BE: 23 (A) A FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER; OR 24 (B) A FOR-PROFIT BUSINESS ENTITY OR NOT-FOR-PROFIT CORPORATION ORGAN- 25 IZED FOR THE PURPOSE OF ACQUIRING, POSSESSING, MANUFACTURING, SELLING, 26 DELIVERING, TRANSPORTING, DISTRIBUTING OR DISPENSING MARIHUANA FOR 27 CERTIFIED MEDICAL USE. 28 2. THE ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIVERY, TRANSPORT- 29 ING, DISTRIBUTING OR DISPENSING OF MARIHUANA BY A REGISTERED ORGANIZA- 30 TION UNDER THIS TITLE IN ACCORDANCE WITH ITS REGISTRATION UNDER SECTION 31 THIRTY-THREE HUNDRED SIXTY-FIVE OF THIS TITLE OR A RENEWAL THEREOF SHALL 32 BE LAWFUL UNDER THIS TITLE. A REGISTERED ORGANIZATION MAY TRANSFER 33 POSSESSION OF MARIHUANA TO, AND MAY RECOVER POSSESSION OF IT FROM, AN 34 ENTITY LICENSED BY THE DEPARTMENT UNDER SECTION THIRTY-THREE HUNDRED 35 TWENTY-FOUR OF THIS TITLE FOR PURPOSES OF CHEMICAL ANALYSIS. 36 3. A REGISTERED ORGANIZATION MAY LAWFULLY, IN GOOD FAITH, SELL, DELIV- 37 ER, DISTRIBUTE OR DISPENSE MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR 38 DESIGNATED CAREGIVER UPON PRESENTATION TO THE REGISTERED ORGANIZATION OF 39 A VALID REGISTRY IDENTIFICATION CARD FOR THAT CERTIFIED PATIENT OR 40 DESIGNATED CAREGIVER. WHEN PRESENTED WITH THE REGISTRY IDENTIFICATION 41 CARD, THE REGISTERED ORGANIZATION SHALL PROVIDE TO THE CERTIFIED PATIENT 42 OR DESIGNATED CAREGIVER A RECEIPT, WHICH SHALL STATE: THE NAME, ADDRESS, 43 AND REGISTRY IDENTIFICATION NUMBER OF THE REGISTERED ORGANIZATION; THE 44 REGISTRY IDENTIFICATION NUMBER OF THE CERTIFIED PATIENT AND THE DESIG- 45 NATED CAREGIVER (IF ANY); AND THE QUANTITY OF MARIHUANA SOLD. THE REGIS- 46 TERED ORGANIZATION SHALL RETAIN A COPY OF THE REGISTRY IDENTIFICATION 47 CARD AND THE RECEIPT FOR ONE YEAR. 48 4. NO REGISTERED ORGANIZATION MAY SELL, DELIVER, DISTRIBUTE OR 49 DISPENSE TO ANY CERTIFIED PATIENT OR DESIGNATED CAREGIVER A QUANTITY OF 50 MEDICAL MARIHUANA LARGER THAN THAT INDIVIDUAL WOULD BE ALLOWED TO 51 POSSESS UNDER THIS TITLE. 52 5. WHEN A REGISTERED ORGANIZATION SELLS, DELIVERS, DISTRIBUTES OR 53 DISPENSES MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR DESIGNATED CARE- 54 GIVER, IT SHALL PROVIDE TO THAT INDIVIDUAL A SAFETY INSERT, WHICH WILL 55 BE DEVELOPED AND APPROVED BY THE COMMISSIONER AND INCLUDE, BUT NOT BE 56 LIMITED TO, INFORMATION ON: A. 6357 8 1 (A) METHODS FOR ADMINISTERING MEDICAL MARIHUANA, 2 (B) ANY POTENTIAL DANGERS STEMMING FROM THE USE OF MEDICAL MARIHUANA, 3 AND 4 (C) HOW TO RECOGNIZE WHAT MAY BE PROBLEMATIC USAGE OF MEDICAL MARIHUA- 5 NA AND OBTAIN APPROPRIATE SERVICES OR TREATMENT FOR PROBLEMATIC USAGE. 6 6. MANUFACTURING OF MEDICAL MARIHUANA BY A REGISTERED ORGANIZATION 7 SHALL ONLY BE DONE IN AN INDOOR, ENCLOSED, SECURE FACILITY. 8 7. A REGISTERED ORGANIZATION SHALL DETERMINE THE QUALITY, SAFETY, AND 9 CLINICAL STRENGTH OF MEDICAL MARIHUANA MANUFACTURED OR DISPENSED BY THE 10 REGISTERED ORGANIZATION, AND SHALL PROVIDE DOCUMENTATION OF THAT QUALI- 11 TY, SAFETY AND CLINICAL STRENGTH TO THE DEPARTMENT AND TO ANY PERSON OR 12 ENTITY TO WHICH THE MEDICAL MARIHUANA IS SOLD OR DISPENSED. 13 8. A REGISTERED ORGANIZATION SHALL BE DEEMED TO BE A "HEALTH CARE 14 PROVIDER" FOR THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAP- 15 TER. 16 S 3365. REGISTERING OF REGISTERED ORGANIZATIONS. 1. APPLICATION FOR 17 INITIAL REGISTRATION. (A) AN APPLICANT FOR REGISTRATION AS A REGISTERED 18 ORGANIZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE 19 SHALL FURNISH TO THE DEPARTMENT A DESCRIPTION OF THE ACTIVITIES IN WHICH 20 IT INTENDS TO ENGAGE AS A REGISTERED ORGANIZATION AND ANY INFORMATION 21 THE DEPARTMENT SHALL REASONABLY REQUIRE AND EVIDENCE THAT THE APPLICANT: 22 (I) AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARACTER; 23 (II) POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT LAND, BUILDINGS, AND 24 OTHER PREMISES (WHICH SHALL BE SPECIFIED IN THE APPLICATION) AND EQUIP- 25 MENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICATION; 26 (III) IS ABLE TO MAINTAIN EFFECTIVE SECURITY AND CONTROL TO PREVENT 27 DIVERSION, ABUSE, AND OTHER ILLEGAL CONDUCT RELATING TO THE MARIHUANA; 28 AND 29 (IV) IS ABLE TO COMPLY WITH ALL APPLICABLE STATE LAWS AND REGULATIONS 30 RELATING TO THE ACTIVITIES IN WHICH IT INTENDS TO ENGAGE UNDER THE 31 REGISTRATION. 32 (B) THE APPLICATION SHALL ESTABLISH THE APPLICANT'S STATUS UNDER PARA- 33 GRAPH (A) OR (B) OF SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED 34 SIXTY-FOUR OF THIS TITLE. 35 (C) THE APPLICATION SHALL INCLUDE THE NAME, RESIDENCE ADDRESS AND 36 TITLE OF EACH OF THE OFFICERS AND DIRECTORS AND THE NAME AND RESIDENCE 37 ADDRESS OF ANY PERSON OR ENTITY THAT IS A MEMBER OF THE APPLICANT. EACH 38 SUCH PERSON, IF AN INDIVIDUAL, OR LAWFUL REPRESENTATIVE IF A LEGAL ENTI- 39 TY, SHALL SUBMIT AN AFFIDAVIT WITH THE APPLICATION SETTING FORTH: 40 (I) ANY POSITION OF MANAGEMENT OR OWNERSHIP DURING THE PRECEDING TEN 41 YEARS OF A TEN PER CENTUM OR GREATER INTEREST IN ANY OTHER BUSINESS, 42 LOCATED IN OR OUTSIDE THIS STATE, MANUFACTURING OR DISTRIBUTING DRUGS; 43 (II) WHETHER SUCH PERSON OR ANY SUCH BUSINESS HAS BEEN CONVICTED OF A 44 FELONY OR HAD A REGISTRATION OR LICENSE SUSPENDED OR REVOKED IN ANY 45 ADMINISTRATIVE OR JUDICIAL PROCEEDING; AND 46 (III) SUCH OTHER INFORMATION AS THE COMMISSIONER MAY REASONABLY 47 REQUIRE. 48 (D) THE APPLICANT SHALL BE UNDER A CONTINUING DUTY TO REPORT TO THE 49 DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED IN THE APPLI- 50 CATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUMSTANCE WHICH 51 IS REQUIRED TO BE INCLUDED IN THE APPLICATION. 52 2. GRANTING OF REGISTRATION. (A) THE COMMISSIONER SHALL GRANT A REGIS- 53 TRATION OR AMENDMENT TO A REGISTRATION UNDER THIS SECTION IF HE OR SHE 54 IS SATISFIED THAT: 55 (I) THE APPLICANT WILL BE ABLE TO MAINTAIN EFFECTIVE CONTROL AGAINST 56 DIVERSION OF MARIHUANA; A. 6357 9 1 (II) THE APPLICANT WILL BE ABLE TO COMPLY WITH ALL APPLICABLE STATE 2 LAWS; 3 (III) THE APPLICANT AND ITS OFFICERS ARE READY, WILLING AND ABLE TO 4 PROPERLY CARRY ON THE MANUFACTURING OR DISTRIBUTING ACTIVITY FOR WHICH A 5 REGISTRATION IS SOUGHT; 6 (IV) THE APPLICANT POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT LAND, 7 BUILDINGS AND EQUIPMENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN 8 THE APPLICATION; 9 (V) IT IS IN THE PUBLIC INTEREST THAT SUCH REGISTRATION BE GRANTED; IN 10 THE CASE OF AN APPLICANT UNDER SUBDIVISION ONE OF SECTION THIRTY-THREE 11 HUNDRED SIXTY-FOUR OF THIS TITLE, THE COMMISSIONER MAY CONSIDER WHETHER 12 THE NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA WILL BE ADEQUATE OR 13 EXCESSIVE TO REASONABLY SERVE THE AREA; AND 14 (VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC- 15 TER. 16 (B) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT SHOULD BE 17 ISSUED A REGISTRATION, HE OR SHE SHALL NOTIFY THE APPLICANT IN WRITING 18 OF THOSE FACTORS UPON WHICH FURTHER EVIDENCE IS REQUIRED. WITHIN THIRTY 19 DAYS OF THE RECEIPT OF SUCH NOTIFICATION, THE APPLICANT MAY SUBMIT ADDI- 20 TIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEARING, OR BOTH. 21 (C) THE FEE FOR A REGISTRATION UNDER THIS SECTION SHALL BE A REASON- 22 ABLE AMOUNT DETERMINED BY THE DEPARTMENT IN REGULATIONS; PROVIDED, 23 HOWEVER, IF THE REGISTRATION IS ISSUED FOR A PERIOD GREATER THAN TWO 24 YEARS THE FEE SHALL BE INCREASED, PRO RATA, FOR EACH ADDITIONAL MONTH OF 25 VALIDITY. 26 (D) REGISTRATIONS ISSUED UNDER THIS SECTION SHALL BE EFFECTIVE ONLY 27 FOR AND SHALL SPECIFY: 28 (I) THE NAME AND ADDRESS OF THE REGISTERED ORGANIZATION; 29 (II) WHICH ACTIVITIES OF A REGISTERED ORGANIZATION ARE PERMITTED BY 30 THE REGISTRATION; 31 (III) THE LAND, BUILDINGS AND FACILITIES THAT MAY BE USED FOR THE 32 PERMITTED ACTIVITIES OF THE REGISTERED ORGANIZATION; AND 33 (IV) SUCH OTHER MATTERS AS THE COMMISSIONER SHALL REASONABLY PROVIDE 34 TO ASSURE COMPLIANCE WITH THIS TITLE. 35 (E) UPON APPLICATION OF A REGISTERED ORGANIZATION, A REGISTRATION MAY 36 BE AMENDED TO ALLOW THE REGISTERED ORGANIZATION TO RELOCATE WITHIN THE 37 STATE OR TO ADD OR DELETE PERMITTED REGISTERED ORGANIZATION ACTIVITIES 38 OR FACILITIES. THE FEE FOR SUCH AMENDMENT SHALL BE TWO HUNDRED FIFTY 39 DOLLARS. 40 3. A REGISTRATION ISSUED UNDER THIS SECTION SHALL BE VALID FOR TWO 41 YEARS FROM THE DATE OF ISSUE, EXCEPT THAT IN ORDER TO FACILITATE THE 42 RENEWALS OF SUCH REGISTRATIONS, THE COMMISSIONER MAY UPON THE INITIAL 43 APPLICATION FOR A REGISTRATION, ISSUE SOME REGISTRATIONS WHICH MAY 44 REMAIN VALID FOR A PERIOD OF TIME GREATER THAN TWO YEARS BUT NOT EXCEED- 45 ING AN ADDITIONAL ELEVEN MONTHS. 46 4. APPLICATIONS FOR RENEWAL OF REGISTRATIONS. (A) AN APPLICATION FOR 47 THE RENEWAL OF ANY REGISTRATION ISSUED UNDER THIS SECTION SHALL BE FILED 48 WITH THE DEPARTMENT NOT MORE THAN SIX MONTHS NOR LESS THAN FOUR MONTHS 49 PRIOR TO THE EXPIRATION THEREOF. A LATE-FILED APPLICATION FOR THE 50 RENEWAL OF A REGISTRATION MAY, IN THE DISCRETION OF THE COMMISSIONER, BE 51 TREATED AS AN APPLICATION FOR AN INITIAL LICENSE. 52 (B) THE APPLICATION FOR RENEWAL SHALL INCLUDE SUCH INFORMATION 53 PREPARED IN THE MANNER AND DETAIL AS THE COMMISSIONER MAY REQUIRE, 54 INCLUDING BUT NOT LIMITED TO: 55 (I) ANY MATERIAL CHANGE IN THE CIRCUMSTANCES OR FACTORS LISTED IN 56 SUBDIVISION ONE OF THIS SECTION; AND A. 6357 10 1 (II) EVERY KNOWN CHARGE OR INVESTIGATION, PENDING OR CONCLUDED DURING 2 THE PERIOD OF THE REGISTRATION, BY ANY GOVERNMENTAL AGENCY WITH RESPECT 3 TO: 4 (A) EACH INCIDENT OR ALLEGED INCIDENT INVOLVING THE THEFT, LOSS, OR 5 POSSIBLE DIVERSION OF MARIHUANA MANUFACTURED OR DISTRIBUTED BY THE 6 APPLICANT; AND 7 (B) COMPLIANCE BY THE APPLICANT WITH THE LAWS OF THE STATE WITH 8 RESPECT TO ANY SUBSTANCE LISTED IN SECTION THIRTY-THREE HUNDRED SIX OF 9 THIS ARTICLE. 10 (C) AN APPLICANT FOR RENEWAL SHALL BE UNDER A CONTINUING DUTY TO 11 REPORT TO THE DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED 12 IN THE APPLICATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUM- 13 STANCE WHICH IS REQUIRED TO BE INCLUDED IN THE APPLICATION. 14 (D) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT IS ENTI- 15 TLED TO A RENEWAL OF THE REGISTRATION, HE OR SHE SHALL WITHIN FORTY-FIVE 16 DAYS AFTER THE FILING OF THE APPLICATION SERVE UPON THE APPLICANT OR HIS 17 OR HER ATTORNEY OF RECORD IN PERSON OR BY REGISTERED OR CERTIFIED MAIL 18 AN ORDER DIRECTING THE APPLICANT TO SHOW CAUSE WHY HIS OR HER APPLICA- 19 TION FOR RENEWAL SHOULD NOT BE DENIED. THE ORDER SHALL SPECIFY IN DETAIL 20 THE RESPECTS IN WHICH THE APPLICANT HAS NOT SATISFIED THE COMMISSIONER 21 THAT THE REGISTRATION SHOULD BE RENEWED. 22 (E) WITHIN THIRTY DAYS OF SERVICE OF SUCH ORDER, THE APPLICANT MAY 23 SUBMIT ADDITIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEARING OR 24 BOTH. IF A HEARING IS DEMANDED THE COMMISSIONER SHALL FIX A DATE FOR 25 HEARING NOT SOONER THAN FIFTEEN DAYS NOR LATER THAN THIRTY DAYS AFTER 26 RECEIPT OF THE DEMAND, UNLESS SUCH TIME LIMITATION IS WAIVED BY THE 27 APPLICANT. 28 5. GRANTING OF RENEWAL OF REGISTRATIONS. (A) THE COMMISSIONER SHALL 29 RENEW A REGISTRATION UNLESS HE OR SHE DETERMINES AND FINDS THAT THE 30 APPLICANT: 31 (I) IS UNLIKELY TO MAINTAIN OR BE ABLE TO MAINTAIN EFFECTIVE CONTROL 32 AGAINST DIVERSION; OR 33 (II) IS UNLIKELY TO COMPLY WITH ALL STATE LAWS APPLICABLE TO THE 34 ACTIVITIES IN WHICH IT MAY ENGAGE UNDER THE REGISTRATION; OR 35 (III) IS AN APPLICANT UNDER SUBDIVISION ONE OF SECTION THIRTY-THREE 36 HUNDRED SIXTY-FOUR OF THIS TITLE, IN WHICH CASE THE COMMISSIONER MAY 37 CONSIDER WHETHER THE NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA IS 38 ADEQUATE OR EXCESSIVE TO REASONABLY SERVE THE AREA. 39 (B) FOR PURPOSES OF THIS SECTION, PROOF THAT A REGISTERED ORGANIZA- 40 TION, DURING THE PERIOD OF ITS REGISTRATION, HAS FAILED TO MAINTAIN 41 EFFECTIVE CONTROL AGAINST DIVERSION OR HAS KNOWINGLY OR NEGLIGENTLY 42 FAILED TO COMPLY WITH APPLICABLE STATE LAWS RELATING TO THE ACTIVITIES 43 IN WHICH IT ENGAGES UNDER THE REGISTRATION, SHALL CONSTITUTE SUBSTANTIAL 44 EVIDENCE THAT THE APPLICANT WILL BE UNLIKELY TO MAINTAIN EFFECTIVE 45 CONTROL AGAINST DIVERSION OR WILL BE UNLIKELY TO COMPLY WITH THE APPLI- 46 CABLE STATE STATUTES DURING THE PERIOD OF PROPOSED RENEWAL. 47 6. THE DEPARTMENT MAY SUSPEND OR TERMINATE THE REGISTRATION OF A 48 REGISTERED ORGANIZATION, ON GROUNDS AND USING PROCEDURES UNDER THIS 49 ARTICLE RELATING TO A LICENSE, TO THE EXTENT CONSISTENT WITH THIS TITLE. 50 CONDUCT IN COMPLIANCE WITH THIS TITLE, BUT WHICH MAY VIOLATE CONFLICTING 51 FEDERAL LAW, SHALL NOT BE GROUNDS TO SUSPEND OR TERMINATE A REGISTRA- 52 TION. 53 7. A REGISTERED ORGANIZATION IS ENTITLED TO ALL OF THE RIGHTS, 54 PROTECTIONS, AND PROCEDURES PROVIDED TO A LICENSEE UNDER THIS ARTICLE. A. 6357 11 1 8. THE DEPARTMENT SHALL BEGIN ISSUING REGISTRATIONS FOR REGISTERED 2 ORGANIZATIONS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS 3 SECTION. 4 9. THE COMMISSIONER SHALL DETERMINE THE APPROPRIATE NUMBER OF REGIS- 5 TERED ORGANIZATIONS AND FACILITIES TO PROMOTE REASONABLE ACCESS TO 6 MEDICAL MARIHUANA IN THE INTEREST OF CERTIFIED PATIENTS AND THE PUBLIC. 7 S 3366. REPORTS BY REGISTERED ORGANIZATIONS. 1. THE COMMISSIONER 8 SHALL, BY REGULATION, REQUIRE EACH REGISTERED ORGANIZATION TO FILE 9 REPORTS BY THE REGISTERED ORGANIZATION DURING A PARTICULAR PERIOD. THE 10 COMMISSIONER SHALL DETERMINE THE INFORMATION TO BE REPORTED AND THE 11 FORMS, TIME, AND MANNER OF THE REPORTING. 12 2. THE COMMISSIONER SHALL, BY REGULATION, REQUIRE EACH REGISTERED 13 ORGANIZATION TO ADOPT AND MAINTAIN SECURITY, TRACKING, AND SURVEILLANCE 14 SYSTEMS, RELATING TO ALL MEDICAL MARIHUANA AT EVERY STAGE OF ACQUIRING, 15 POSSESSION, MANUFACTURE, SALE, DELIVERY, TRANSPORTING, DISTRIBUTING, OR 16 DISPENSING BY THE REGISTERED ORGANIZATION, SUBJECT TO REGULATIONS OF THE 17 COMMISSIONER. 18 S 3367. EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT. 1. THE 19 COMMISSIONER MAY PROVIDE FOR THE ANALYSIS AND EVALUATION OF THE OPERA- 20 TION OF THIS TITLE. THE COMMISSIONER MAY ENTER INTO AGREEMENTS WITH ONE 21 OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS OR OTHER ORGANIZATIONS, FOR 22 THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTATION AND EFFECTIVENESS 23 OF THIS TITLE. 24 2. THE DEPARTMENT MAY DEVELOP, SEEK ANY NECESSARY FEDERAL APPROVAL 25 FOR, AND CARRY OUT RESEARCH PROGRAMS RELATING TO MEDICAL USE OF MARIHUA- 26 NA. PARTICIPATION IN ANY SUCH RESEARCH PROGRAM SHALL BE VOLUNTARY ON 27 THE PART OF PRACTITIONERS, PATIENTS, AND DESIGNATED CAREGIVERS. 28 3. THE DEPARTMENT SHALL REPORT EVERY TWO YEARS, BEGINNING TWO YEARS 29 AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA- 30 TURE ON THE MEDICAL USE OF MARIHUANA UNDER THIS TITLE AND MAKE APPROPRI- 31 ATE RECOMMENDATIONS. 32 S 3368. RELATION TO OTHER LAWS. 1. THE PROVISIONS OF THIS ARTICLE 33 SHALL APPLY TO THIS TITLE, EXCEPT THAT WHERE A PROVISION OF THIS TITLE 34 CONFLICTS WITH ANOTHER PROVISION OF THIS ARTICLE, THIS TITLE SHALL 35 APPLY. 36 2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE OR PROHIBIT AN 37 INSURER OR HEALTH PLAN UNDER THIS CHAPTER OR THE INSURANCE LAW TO 38 PROVIDE COVERAGE FOR MEDICAL MARIHUANA. NOTHING IN THIS TITLE SHALL BE 39 CONSTRUED TO REQUIRE COVERAGE FOR MEDICAL MARIHUANA UNDER ARTICLE TWEN- 40 TY-FIVE OF THIS CHAPTER OR ARTICLE FIVE OF THE SOCIAL SERVICES LAW. 41 3. A PERSON OR ENTITY SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL 42 LIABILITY OR PROFESSIONAL DISCIPLINE FOR ACTING REASONABLY AND IN GOOD 43 FAITH PURSUANT TO THIS TITLE. 44 S 3369. PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA. 1. CERTIFIED 45 PATIENTS, DESIGNATED CAREGIVERS, PRACTITIONERS, REGISTERED ORGANIZATIONS 46 AND THE EMPLOYEES OF REGISTERED ORGANIZATIONS SHALL NOT BE SUBJECT TO 47 ARREST, PROSECUTION, OR PENALTY IN ANY MANNER, OR DENIED ANY RIGHT OR 48 PRIVILEGE, INCLUDING BUT NOT LIMITED TO CIVIL PENALTY OR DISCIPLINARY 49 ACTION BY A BUSINESS OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD OR 50 BUREAU, SOLELY FOR THE CERTIFIED MEDICAL USE OR MANUFACTURE OF MARIHUA- 51 NA, OR FOR ANY OTHER ACTION OR CONDUCT IN ACCORDANCE WITH THIS TITLE. 52 STATE OR LOCAL LAW ENFORCEMENT AGENCIES SHALL NOT COOPERATE WITH OR 53 PROVIDE ASSISTANCE TO THE GOVERNMENT OF THE UNITED STATES OR ANY AGENCY 54 THEREOF IN ENFORCING THE CONTROLLED SUBSTANCES ACT, 21 U.S.C. S 801 ET. 55 SEQ., SOLELY FOR ACTIONS AND CONDUCT CONSISTENT WITH THIS TITLE, EXCEPT 56 AS PURSUANT TO A VALID COURT ORDER. A. 6357 12 1 2. AFFIRMATIVE DEFENSE. A PATIENT AND A PATIENT'S CAREGIVER WHO HAVE 2 FAILED TO OBTAIN A REGISTRY IDENTIFICATION CARD MAY ASSERT AN AFFIRMA- 3 TIVE DEFENSE TO ANY PROSECUTION UNDER STATE LAW FOR ACTIONS AND CONDUCT 4 THAT IS OTHERWISE CONSISTENT WITH THE CERTIFIED MEDICAL USE OF MARIHUANA 5 AS DEFINED UNDER THIS TITLE. 6 3. INCIDENTAL AMOUNT OF MARIHUANA. ANY INCIDENTAL AMOUNT OF SEEDS, 7 STALKS, AND UNUSABLE ROOTS SHALL NOT BE INCLUDED IN THE AMOUNTS SPECI- 8 FIED IN SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED SIXTY-TWO OF 9 THIS TITLE. 10 4. SCHOOL, EMPLOYER, OR LANDLORD MAY NOT DISCRIMINATE. A SCHOOL, 11 EMPLOYER, OR LANDLORD MAY NOT REFUSE TO ENROLL OR EMPLOY OR LEASE TO OR 12 OTHERWISE PENALIZE A PERSON SOLELY FOR THAT PERSON'S STATUS AS A CERTI- 13 FIED PATIENT OR DESIGNATED CAREGIVER UNLESS FAILING TO DO SO WOULD PUT 14 THE SCHOOL, EMPLOYER, OR LANDLORD IN VIOLATION OF FEDERAL LAW OR CAUSE 15 IT TO LOSE A FEDERAL CONTRACT OR FUNDING. 16 5. PERSON MAY NOT BE DENIED MEDICAL CARE, INCLUDING ORGAN TRANSPLANT. 17 FOR THE PURPOSES OF MEDICAL CARE, INCLUDING ORGAN TRANSPLANTS, A 18 PATIENT'S MEDICAL USE OF MARIHUANA SHALL NOT CONSTITUTE THE USE OF AN 19 ILLICIT SUBSTANCE AND MAY ONLY BE CONSIDERED WITH RESPECT TO 20 EVIDENCE-BASED CLINICAL CRITERIA. 21 6. PERSON MAY NOT BE DENIED CUSTODY OR VISITATION OF MINOR. A PERSON 22 SHALL NOT BE DENIED CUSTODY OR VISITATION OF A MINOR FOR ACTING IN 23 ACCORDANCE WITH THIS TITLE UNLESS THE PERSON'S BEHAVIOR IS SUCH THAT IT 24 CREATES AN UNREASONABLE DANGER TO THE MINOR THAT CAN BE CLEARLY ARTIC- 25 ULATED AND SUBSTANTIATED. 26 7. EFFECT OF REGISTRY IDENTIFICATION CARD ISSUED BY ANOTHER JURISDIC- 27 TION. A REGISTRY IDENTIFICATION CARD, OR ITS EQUIVALENT, THAT IS ISSUED 28 UNDER THE LAWS OF ANOTHER STATE, DISTRICT, TERRITORY, COMMONWEALTH, OR 29 POSSESSION OF THE UNITED STATES THAT ALLOWS THE MEDICAL USE OF MARIHUANA 30 HAS THE SAME FORCE AND EFFECT AS A REGISTRY IDENTIFICATION CARD ISSUED 31 BY THE DEPARTMENT, SO LONG AS THE VISITING PATIENT'S SERIOUS CONDITION 32 WOULD QUALIFY FOR THE CERTIFIED MEDICAL USE OF MARIHUANA UNDER THIS 33 TITLE. 34 S 3369-A. REGULATIONS. 1. THE COMMISSIONER SHALL MAKE REGULATIONS TO 35 IMPLEMENT THIS TITLE. 36 2. ADVISORY COMMITTEE. THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT 37 AN ADVISORY COMMITTEE ON MEDICAL USE OF MARIHUANA (THE "ADVISORY COMMIT- 38 TEE") TO ADVISE THE COMMISSIONER ON MAKING REGULATIONS UNDER THIS TITLE 39 AND ON ANY MATTERS RELATING TO THE IMPLEMENTATION OF THIS TITLE AS THE 40 COMMISSIONER SHALL DETERMINE. THE MEMBERS OF THE ADVISORY COMMITTEE AND 41 ANY SUBCOMMITTEE OF THE ADVISORY COMMITTEE ("SUBCOMMITTEE") SHALL BE 42 APPOINTED BY THE COMMISSIONER AND INCLUDE BUT NOT BE LIMITED TO: HEALTH 43 CARE PRACTITIONERS, PATIENTS OR REPRESENTATIVES OF PATIENTS WITH SERIOUS 44 CONDITIONS, EXPERTS IN THE REGULATION OF CONTROLLED SUBSTANCES FOR 45 MEDICAL USE, MEDICAL MARIHUANA INDUSTRY PROFESSIONALS AND LAW ENFORCE- 46 MENT. THE COMMISSIONER MAY ALSO FORM SUBCOMMITTEES OF THE ADVISORY 47 COMMITTEE. THE COMMISSIONER SHALL FORM A SUBCOMMITTEE TO ADVISE THE 48 COMMISSIONER ON CLINICAL MATTERS RELATING TO MEDICAL MARIHUANA, THE 49 MEMBERS OF WHICH SHALL PREDOMINANTLY BE CLINICAL PROFESSIONALS IN APPRO- 50 PRIATE AREAS OF EXPERTISE AND SHALL ALSO INCLUDE REPRESENTATIVES OF 51 PATIENTS AND THE GENERAL PUBLIC. MEMBERS OF A SUBCOMMITTEE NEED NOT BE 52 MEMBERS OF THE ADVISORY COMMITTEE. MEMBERS OF THE ADVISORY COMMITTEE OR 53 A SUBCOMMITTEE SHALL SERVE AT THE PLEASURE OF THE COMMISSIONER. MEMBERS 54 OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE MAY RECEIVE REIMBURSEMENT BY 55 THE DEPARTMENT FOR THEIR REASONABLE AND NECESSARY EXPENSES INCURRED AS A. 6357 13 1 MEMBERS OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE. A PUBLIC EMPLOYEE 2 MAY BE A MEMBER OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE. 3 S 3369-B. SEVERABILITY. IF ANY PROVISION OF THIS TITLE OR THE APPLICA- 4 TION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, SUCH INVA- 5 LIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS TITLE 6 WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, 7 AND TO THIS END THE PROVISIONS OF THIS TITLE ARE SEVERABLE. 8 S 3. Section 3343-a of the public health law is amended by adding a 9 new subdivision 8-a to read as follows: 10 8-A. MEDICAL MARIHUANA. AS USED IN ANY PROVISION OF THIS ARTICLE 11 RELATING TO THE PRESCRIPTION MONITORING PROGRAM REGISTRY, THE FOLLOWING 12 TERMS SHALL INCLUDE THE FOLLOWING IN RELATION TO MEDICAL MARIHUANA, IN 13 ADDITION TO THE MEANING EACH TERM WOULD OTHERWISE HAVE: 14 (A) "PRESCRIPTION," "PRESCRIBE," AND "PRESCRIBER," INCLUDE, RESPEC- 15 TIVELY, A CERTIFICATION, THE ISSUING OF A CERTIFICATION, AND A PRACTI- 16 TIONER UNDER TITLE FIVE-A OF THIS ARTICLE. 17 (B) "PHARMACY" INCLUDES A REGISTERED ORGANIZATION THAT IS AUTHORIZED 18 TO DISPENSE MEDICAL MARIHUANA UNDER TITLE FIVE-A OF THIS ARTICLE; 19 PROVIDED THAT A REGISTERED ORGANIZATION THAT IS NOT A FACILITY LICENSED 20 UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR A PHARMACY UNDER ARTICLE 21 ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW SHALL NOT BE AUTHORIZED TO 22 CONSULT THE REGISTRY OR ACCESS PATIENT-SPECIFIC INFORMATION FROM THE 23 REGISTRY, INCLUDING UNDER SUBDIVISION THREE OF THIS SECTION AND SUBDIVI- 24 SION TWO OF SECTION THIRTY-THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE, 25 BUT SHALL REPORT INFORMATION TO THE REGISTRY, INCLUDING UNDER SUBDIVI- 26 SION FOUR OF SECTION THIRTY-THREE HUNDRED THIRTY-THREE OF THIS ARTICLE. 27 (C) "PATIENT-SPECIFIC INFORMATION," IN RELATION TO MEDICAL MARIHUANA, 28 SHALL NOT INCLUDE INFORMATION NOT REQUIRED TO BE INCLUDED IN A CERTIF- 29 ICATION UNDER TITLE FIVE-A OF THIS ARTICLE. 30 (D) "CONTROLLED SUBSTANCE" INCLUDES MEDICAL MARIHUANA, REGARDLESS OF 31 WHETHER THE PROVISION IN WHICH THE TERM IS FOUND IS LIMITED TO SCHEDULES 32 OTHER THAN SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THIS ARTI- 33 CLE. 34 (E) "MEDICAL MARIHUANA" MEANS MEDICAL MARIHUANA UNDER TITLE FIVE-A OF 35 THIS ARTICLE. 36 S 4. The tax law is amended by adding a new article 20-B to read as 37 follows: 38 ARTICLE 20-B 39 TAX ON MEDICAL MARIHUANA 40 SECTION 490. EXCISE TAX ON MEDICAL MARIHUANA. 41 S 490. EXCISE TAX ON MEDICAL MARIHUANA. 1. ALL DEFINITIONS OF TERMS 42 APPLICABLE TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH 43 LAW SHALL APPLY TO THIS ARTICLE. 44 2. THERE IS HEREBY LEVIED AND IMPOSED ON REGISTERED ORGANIZATIONS AN 45 EXCISE TAX ON ALL MEDICAL MARIHUANA SOLD TO ANOTHER REGISTERED ORGANIZA- 46 TION OR TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER. THE EXCISE TAX 47 SHALL BE AT THE FOLLOWING RATES: 48 (A) FOR MEDICAL MARIHUANA MANUFACTURED BY A REGISTERED ORGANIZATION: 49 ONE HUNDRED TWENTY-FIVE DOLLARS FOR EACH POUND OR PART THEREOF OF 50 MEDICAL MARIHUANA MANUFACTURED BY THE REGISTERED ORGANIZATION. 51 (B) FOR MEDICAL MARIHUANA DISPENSED TO A CERTIFIED PATIENT OR DESIG- 52 NATED CAREGIVER: ONE HUNDRED TWENTY-FIVE DOLLARS FOR EACH POUND OR PART 53 THEREOF OF MEDICAL MARIHUANA DISPENSED; PROVIDED THAT IF THE MEDICAL 54 MARIHUANA UNDER THIS PARAGRAPH WAS OBTAINED BY THE REGISTERED ORGANIZA- 55 TION FROM AN ENTITY THAT DID NOT PAY AN EXCISE TAX ATTRIBUTABLE TO THAT A. 6357 14 1 MEDICAL MARIHUANA UNDER PARAGRAPH (A) OF THIS SUBDIVISION, THEN THE TAX 2 UNDER THIS PARAGRAPH SHALL BE TWO HUNDRED FIFTY DOLLARS. 3 3. FIFTY PERCENT OF THE REVENUE RECEIVED BY THE DEPARTMENT SHALL BE 4 TRANSFERRED TO THE COUNTY IN WHICH THE MEDICAL MARIHUANA WAS MANUFAC- 5 TURED (IN THE CASE OF REVENUE RECEIVED UNDER PARAGRAPH (A) OF SUBDIVI- 6 SION TWO OF THIS SECTION) OR DISPENSED (IN THE CASE OF REVENUE RECEIVED 7 UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION). FOR PURPOSES OF 8 THIS SUBDIVISION, THE CITY OF NEW YORK SHALL BE DEEMED TO BE A COUNTY. 9 4. THE COMMISSIONER SHALL MAKE REGULATIONS TO IMPLEMENT THIS ARTICLE. 10 S 5. Section 853 of the general business law is amended by adding a 11 new subdivision 3 to read as follows: 12 3. THIS ARTICLE SHALL NOT APPLY TO ANY SALE, FURNISHING OR POSSESSION 13 WHICH IS FOR A LAWFUL PURPOSE UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE 14 OF THE PUBLIC HEALTH LAW. 15 S 6. Section 221.00 of the penal law, as added by chapter 360 of the 16 laws of 1977, is amended to read as follows: 17 S 221.00 Marihuana; definitions. 18 Unless the context in which they are used clearly otherwise requires, 19 the terms occurring in this article shall have the same meaning ascribed 20 to them in article two hundred twenty of this chapter. ANY ACT THAT IS 21 LAWFUL UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH 22 LAW IS NOT A VIOLATION OF THIS ARTICLE. 23 S 7. This act shall take effect immediately, provided that the amend- 24 ment to section 3343-a of the public health law made by section three of 25 this act shall take effect on the same date and in the same manner as 26 section 2 of part A of chapter 447 of the laws of 2012, as amended, 27 takes effect.