N.Y. Public Health Law 3365-A – Expedited registration of registered organizations
* § 3365-a. Expedited registration of registered organizations. 1. There is hereby established in the department an emergency medical marihuana access program (referred to in this section as the "program") under this section. The purpose of the program is to expedite the availability of medical marihuana to avoid suffering and loss of life, during the period before full implementation of and production under this title, especially in the case of patients whose serious condition is progressive and degenerative or is such that delay in the patient's medical use of marihuana poses a serious risk to the patient's life or health. The commissioner shall implement the program as expeditiously as practicable, including by emergency regulation.
Terms Used In N.Y. Public Health Law 3365-A
- Applicant: means a for-profit entity or not-for-profit corporation and includes: board members, officers, managers, owners, partners, principal stakeholders and members who submit an application to become a registered organization. See N.Y. Public Health Law 3360
- Certification: means a certification, made under section thirty-three 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
- Department: means the department of health of the state of New York. See N.Y. Public Health Law 3302
- Dispense: means to deliver a controlled substance to an ultimate user or research subject by lawful means, including by means of the internet, and includes the packaging, labeling, or compounding necessary to prepare the substance for such delivery. See N.Y. Public Health Law 3302
- Distribute: means to deliver a controlled substance, including by means of the internet, other than by administering or dispensing. See N.Y. Public Health Law 3302
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- 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
- 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
2. The department shall begin accepting and acting on applications under this section for registered organizations as soon as practicable after the effective date of this section.
3. For the purposes of this section, and for specified limited times, the commissioner may waive or modify the requirements of this article relating to registered organizations, consistent with the legislative intent and purpose of this title and this section. Where an entity seeking to be a registered organization under the program operates in a jurisdiction other than the state of New York, under licensure or other governmental recognition of that jurisdiction, and the laws of that jurisdiction are acceptable to the commissioner as consistent with the legislative intent and purpose of this title and this section, then the commissioner may accept that licensure or recognition as wholly or partially satisfying the requirements of this title, for purposes of the registration and operation of the registered organization under the program and this section.
4. In considering an application for registration as a registered organization under this section, the commissioner shall give preference to the following:
(a) an applicant that is currently producing or providing or has a history of producing or providing medical marihuana in another jurisdiction in full compliance with the laws of the jurisdiction;
(b) an applicant that is able and qualified to both produce, distribute, and dispense medical marihuana to patients expeditiously;
(c) an applicant that proposes a location or locations for dispensing by the registered organization, which ensure, to the greatest extent possible, that certified patients with a special certification have access to a registered organization.
5. The commissioner may make regulations under this section:
(a) limiting registered organizations registered under this section to serving patients with special certifications;
(b) limiting the allowable levels of cannabidiol and tetrahydrocannabinol that may be contained in medical marihuana authorized under the program, based on therapeutics and patient safety.
6. A registered organization under this section may apply under section thirty-three hundred sixty-five of this title to receive or renew registration.
* NB Repealed July 5, 2028 and Repealed 6 months after the full cannabis control board created by Article 2 of the cannabis law has been appointed