New York’s Medical Marijuana Law

Under New York’s new medical marijuana law, a patient who has been certified by a healthcare provider
to use medical marijuana will register with the New York State Department of Health and receive a
patient identification card. Specifically approved organizations – such as hospitals or community health
centers – will dispense the medical marijuana to registered patients, under DOH supervision.
How Do Patients Qualify to be Part of the Program?
• Must be resident of NY or is being treated in NY.
• Must be being treated in NY for the condition for which you are seeking medical marijuana.
• Must be certified by a NY physician who has registered with DOH to recommend medical
marijuana (means that the doctor has completed a 2-4 hour training course and filed pipework
with the DOH).
• Must be under that doctor’s care for the condition for which you are seeking medical marijuana
• Your doctor must believe and be willing to certify that you will receive some therapeutic or
palliative benefit from medical marijuana.
• Must have a “serious condition,” as defined by the law.
• Must obtain a registry identification card from the Department of Health (DOH) and carry
their patient registry card at all times that they are in possession of medical marijuana.
What Medical Conditions Make a Patient Eligible for Medical Marijuana in New York?
• A serious condition is defined as: “having one of the following severe debilitating or lifethreatening
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 or intractable spasticity, epilepsy, inflammatory
bowel disease, neuropathies, Huntington’s disease, 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.”
• Conditions that must be considered by the Commissioner for inclusion in 18 months (January
2016): Alzheimer’s, muscular dystrophy, dystonia, post-traumatic stress disorder and
rheumatoid arthritis.
• Any other condition can be added by the Commissioner at any time
What’s the Process for a Patient to Become Certified to Receive Medical Marijuana Under
the Program?
• Patients apply to DOH to become a certified patient.
• The application (which DOH will develop) must include:
o Name
o Date of birth
o Doctor’s certification, which includes a statement that patient has a serious
condition and is under doctor’s car for that condition
o Dates for which the certification is valid
o Photo
o Name, address, Federal registration number, phone number and original
signature of practitioner
• Certification expires after one year from the date the doctor signs it, or the doctor can specify
an earlier termination date.
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• If the patient is terminally ill (as certified by their doctor), the registration doesn’t expire until
patient’s death.
• If the patient is under 21, a parent or legal guardian can make the application as the
designated caregivers.
• Patients must pay $50 fee which can be reduced or waived if s/he is experiencing financial
hardship.
• If the application is approved, DOH will issue the patients registry card that will include any
limitations regarding forms or dosage made by the certifying doctor.
What Kind and How Much Medical Marijuana Can a Certified Patient Obtain?
• All allowable forms (e.g., extracts, tinctures, oils, edibles) of medical marijuana, including
methods of consumption and strain, variety, and strength, are determined by the
Commissioner and must be approved by the Commissioner before they can be sold.
o Smoking as a method of consumption of the only form not left to the Commissioner
and specifically excluded from ‘certified medical use’ in the statute, though vaporizing
of oils is allowed.
o Through regulation, the Commissioner prohibited all forms except oils, tinctures and
pills (i.e., no edibles)
• No patients or caregiver can legally possess more than a 30 day supply as determined by the
practitioner and consistent with any DOH regulations.
• Patients can get a refill of their medical marijuana can refill during the last 7 days of their 30
day supply.
• Medical marijuana must be kept in its original packaging.
• Medical marijuana cannot be consumed in a public place.
How Do Medical Practitioners Get Involved in Recommending Medical Marijuana to
Patients?
• Only physicians are allowed to recommend medical marijuana, although the Commissioner
has the option of including nurse practitioners based on patient need and access
• Recommending physicians must:
o Be licensed and practicing in New York
o Be qualified to treat the serious condition
o Have completed a 2-4 hour training course
o Have registered with the DOH
o Must be caring for the patients for whom they are making recommendation, meaning
that they have done a full assessment of patient’s medical history and current medical
condition, and believe that the patient will benefit from the use of medical marijuana.
o Must consult the prescription drug monitoring program and review the patient’s
control substances history before issuing a recommendation
• Physician cannot issue a certification to him/herself
What are the Dosing Guidelines?
• Practitioners must consider the form and dosage and include any such recommendations in
the certification
• If the practitioner has determined a specific dose or any limitations, these must be included
on the patient’s certification
• For ingestible forms, a single dose cannot exceed 10 mg of THC
Compassionate Care New York | 347.781.5435 voice | compassionatecareny@gmail.com | www.compassionatecareny.org
What Do Caregivers Need to Do to be Able to Help a Certified Patients?
• A patient can designate up to two caregivers
o If the patient is under 21, not allowed caregivers other than a legal guardian or parent
unless a case if made to DOH that no legal guardian or parent is available
• No one can be a caregiver to more than 5 certified patients at one time.
• Caregivers must register with DOH to obtain a registry identification card.
• Caregivers can legal possess up to 30 day supply if registered with DOH (has to be right form
and dose for the specified patient)
• Any changes or terminations of caregivers must be conveyed to DOH immediately; card will
be suspended
When will the Program be Up and Running?
• DOH has said there will be medicine available to patients in January of 2016.
• According to the law, patient registry ID cards and registered organization licenses shall be
issued or become effective no later than 18 months from the effective date of the law or until
such time that Commissioner and Superintendent of Police certify that the program can be
implemented in accordance with public health and safety interests, whichever comes later.
• Governor may immediately terminate all RO licenses if there is a finding that there is a risk to
public health or safety.
• The law expires in seven years unless renewed by the legislature
Are Patients, Caregivers, and People in the Industry Protected from Discrimination?
• Patients, caregivers, practitioners, or employees of registered organizations “shall not be
denied any right or privilege, including but not limited to, they shall not be subject to arrest,
prosecution, or penalty in any manner, or denied any right or privilege, including but not
limited to civil penalty or disciplinary action by a business or occupational or professional
licensing board or bureau, solely for the certified medical use or manufacture of marihuana,
or for any other action or conduct in accordance with this title.”
• Patients, practitioners and employees of registered organizations are also protected under the
human rights law (housing, employment, public accommodations).
• Patients, practitioners and employees of registered organizations are protected in custody and
family law proceedings.
• Registry information is not subject to public disclosure laws (i.e., it must be kept confidential).
What are the Rules for People Who Want to Be Part of the Industry of Producing or
Dispensing Medical Marijuana?
• Registered organizations or “RO’s” are entities that the state licenses to produce and dispense
medical marijuana.
• RO’s:
o Can be for-profit or not-for-profit organizations
o Must contract with an independent laboratory approved by the Commissioner of
Health for product testing
o Cannot be managed by or employ anyone, who comes in direct contact with the
marijuana, who has been convicted of felony drug charge within 10 years (unless they
received a certificate of relief or good conduct)
• Growing must be done indoors (which may include a greenhouse) in a secure facility
Compassionate Care New York | 347.781.5435 voice | compassionatecareny@gmail.com | www.compassionatecareny.org
• The Commissioner will not license more than 5 RO’s, which can each operate 4 dispensaries
(for a total of 20 dispensaries)
o Commissioner can add more RO’s if s/he determines a need
• DOH issued extensive regulations for RO’s, governing security, manufacturing, advertising,
etc.
What are the Fees for Participating in the Medical Marijuana Program?
• $50 for patient or caregiver card
• $25 for lost card
• Fees for producers and dispensaries are to be determined by the Health Commissioner
What are the Requirements about Labeling, Packaging & Advertising?
• Must be sold in a secure, properly labeled package
• Safety insert and warning label is required that includes methods of administration, clarity
about individual dose, risks and dangers
• RO’s must determine and provide information to DOH, patients and practitioners about the
quality, safety, and clinical strength of marijuana
• Commissioner is authorized to make rules about advertising – consistent with those for
prescription drugs
• Patients and caregivers must keep medical marijuana in the original packaging
How Much Will Medical Marijuana Cost?
• Commissioner determines the price of all sales
• Commissioner shall set a per dose price for each form of marijuana
How Will Medical Marijuana Be Taxed?
• Medical marijuana is taxed through an excise tax, which means that the RO pays the tax
directly to the state
• The law established a medical marijuana trust fund – 100% of revenue is to be deposited there
• Excise tax of 7% will be levied on gross receipts and paid by the RO
o 22.5% goes to county were the medical marijuana was produced
o 22.5% goes to county were the medical marijuana was dispensed
o 5% goes to Office of Alcohol and Substance Abuse Services for prevention,
counseling and treatment services
o 5% goes to the Department Criminal Justice Services for discretionary grant
program related to enforcement of the this title