N.Y. Public Health Law 3360 – and
Current as of: 2023 | Check for updates
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As used in this title, the following terms shall have the following meanings, unless the context clearly requires otherwise:
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Terms Used In N.Y. Public Health Law 3360
- Certification: means a certification, made under section thirtythree hundred sixty-one of this title. See N.Y. Public Health Law 3360
- Certified medical use: means the acquisition, possession, use, or, transportation of medical marihuana by a certified patient, or the acquisition, possession, delivery, transportation or administration of medical marihuana by a designated caregiver, for use as part of the treatment of the patient's serious condition, as authorized in a certification under this title including enabling the patient to tolerate treatment for the serious condition. See N.Y. Public Health Law 3360
- Certified patient: means a patient who is a resident of New York state or receiving care and treatment in New York state as determined by the commissioner in regulation, and is certified under section thirtythree hundred sixty-one of this title. See N.Y. Public Health Law 3360
- Commissioner: means commissioner of health of the state of
New York. See N.Y. Public Health Law 3302
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- delivery: means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. See N.Y. Public Health Law 3302
- Department: means the department of health of the state of
New York. See N.Y. Public Health Law 3302
- Designated caregiver: means the individual designated by a certified patient in a registry application. See N.Y. Public Health Law 3360
- Form of medical marihuana: means characteristics of the medical marihuana recommended or limited for a particular certified patient, including the method of consumption and any particular strain, variety, and quantity or percentage of marihuana or particular active ingredient. See N.Y. Public Health Law 3360
- Individual dose: means a single measure of raw medical marihuana or non-infused concentrates to be determined and clearly identified by a patient's practitioner for the patient's specific certified condition. See N.Y. Public Health Law 3360
- Medical marihuana: means marihuana as defined in subdivision twenty-one of section thirty-three hundred two of this article, intended for a certified medical use, as determined by the commissioner in his or her sole discretion. See N.Y. Public Health Law 3360
- Practitioner: means a practitioner who (i) is a physician licensed by New York state and practicing within the state, (ii) who by training or experience is qualified to treat a serious condition as defined in subdivision seven of this section; and (iii) has completed a two to four hour course as determined by the commissioner in regulation and registered with the department; provided however, a registration shall not be denied without cause. See N.Y. Public Health Law 3360
- Public place: means a public place as defined in regulation by the commissioner. See N.Y. Public Health Law 3360
- Registered organization: means a registered organization under sections thirty-three hundred sixty-four and thirty-three hundred sixty-five of this title. See N.Y. Public Health Law 3360
- Registry application: means an application properly completed and filed with the department by a certified patient under section thirtythree hundred sixty-three of this title. See N.Y. Public Health Law 3360
- Serious condition: means :
(i) having one of the following severe debilitating or life-threatening conditions: cancer, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, amyotrophic lateral sclerosis, Parkinson's disease, multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity, epilepsy, inflammatory bowel disease, neuropathies, Huntington's disease, post-traumatic stress disorder, pain that degrades health and functional capability where the use of medical marihuana is an alternative to opioid use, substance use disorder, or as added by the commissioner; and (ii) any of the following conditions where it is clinically associated with, or a complication of, a condition under this paragraph or its treatment: cachexia or wasting syndrome; severe or chronic pain; severe nausea; seizures; severe or persistent muscle spasms; or such conditions as are added by the commissioner. See N.Y. Public Health Law 3360 - Special certification: means a special certification made under subdivision nine of section thirty-three hundred sixty-one of this title. See N.Y. Public Health Law 3360