* § 3369-d. Pricing. 1. Every sale of medical marihuana shall be at the price determined by the commissioner. Every charge made or demanded for medical marihuana not in accordance with the price determined by the commissioner, is prohibited.

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Terms Used In N.Y. Public Health Law 3369-D

  • Commissioner: means commissioner of health of the state of New York. See N.Y. Public Health Law 3302
  • 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
  • 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

2. The commissioner is hereby authorized to set the per dose price of each form of medical marihuana sold by any registered organization. In setting the per dose price of each form of medical marihuana, the commissioner shall consider the fixed and variable costs of producing the form of marihuana and any other factor the commissioner, in his or her discretion, deems relevant to determining the per dose price of each form of medical marihuana.

* NB Repealed July 5, 2028 and Repealed 6 months after the full cannabis control board created by Article 2 of the cannabis law has been appointed