Bill Text: NY S03294 | 2025-2026 | General Assembly | Introduced
Bill Title: Relates to the medical use of cannabis; relates to the effectiveness thereof; relates to the controlled substances therapeutic research act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-24 - REFERRED TO HEALTH [S03294 Detail]
Download: New_York-2025-S03294-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3294 2025-2026 Regular Sessions IN SENATE January 24, 2025 ___________ Introduced by Sen. COONEY -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the cannabis law, in relation to medical use cannabis; to amend chapter 90 of the laws of 2014 amending the public health law, the tax law, the state finance law, the general business law, the penal law and the criminal procedure law relating to medical use of marihuana, in relation to the effectiveness thereof; and to repeal article 33-A of the public health law relating to the controlled substances therapeutic research act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 44 and 45 of section 3 of the cannabis law are 2 amended to read as follows: 3 44. ["Registry application" means an application properly completed4and filed with the board by a certified patient under article three of5this chapter.645. "Registry identification card"] "Registration" means [a document7that identifies] identifying information of a certified patient or 8 designated caregiver that is electronically filed by a practitioner and 9 confirmed by a registered organization or designated caregiver facility, 10 as provided under this chapter and as determined by the board in regu- 11 lation. 12 45. "Registry application" means an application properly completed and 13 filed with the office by a designated caregiver under article three of 14 this chapter. 15 § 2. Subdivisions 4, 5, 6, 7, 8, 9 and 10 of section 30 of the canna- 16 bis law are amended to read as follows: 17 4. [Every practitioner shall consult the prescription monitoring18program registry prior to making or issuing a certification, for the19purpose of reviewing a patient's controlled substance history. For20purposes of this section, a practitioner may authorize a designee toEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01703-01-5S. 3294 2 1consult the prescription monitoring program registry on his or her2behalf, provided that such designation is in accordance with section3thirty-three hundred forty-three-a of the public health law.45.] The practitioner shall give the certification to the certified 5 patient or the certified patient's designated caregiver, and place a 6 copy in the patient's health care record. Such certification shall 7 include information sufficient for a registered organization to confirm 8 that the certification is valid in accordance with section thirty-two of 9 this article and as determined by the board in regulation. The board 10 may, by rules and regulations, establish a code, including but not 11 limited to quick response (QR) code, for each practitioner to provide a 12 certified patient or their designated caregiver with, to present to a 13 registered organization to obtain medical cannabis or medical cannabis 14 products from a registered organization. 15 [6.] 5. No practitioner shall issue a certification under this section 16 for themselves. 17 [7.] 6. A [registry identification card based on a] certification 18 shall expire [one year] two years after the date the certification is 19 signed by the practitioner, except as provided for in subdivision 20 [eight] seven of this section. 21 [8.] 7. (a) If the practitioner states in the certification that, in 22 the practitioner's professional opinion, the patient would benefit from 23 medical cannabis only until a specified earlier date, then the [registry24identification card] certification shall expire on that date; (b) if the 25 practitioner states in the certification that in the practitioner's 26 professional opinion the patient is terminally ill and that the certif- 27 ication shall not expire until the patient dies, then the [registry28identification card] certification shall [state] include a statement 29 that the patient is terminally ill and that the [registration card] 30 certification shall not expire until the patient dies; (c) if the prac- 31 titioner re-issues the certification to terminate the certification on 32 an earlier date, then the [registry identification card] certification 33 shall expire on that date and such practitioner shall [be] promptly 34 [destroyed by the certified patient] cancel the patient's certification; 35 (d) if the certification so provides, the [registry identification card] 36 certification shall state any recommendation or limitation by the prac- 37 titioner as to the form or forms of medical cannabis or dosage for the 38 certified patient; [and] (e) a practitioner may extend the expiration 39 date of a certification prior to the certification's expiration; (f) in 40 the case where a certification has expired and the practitioner deter- 41 mines that the patient would benefit from medical cannabis, the certif- 42 ication must be re-issued; and (g) the board shall make regulations to 43 implement this subdivision. 44 [9. (a) A certification may be a special certification if, in addition45to the other requirements for a certification, the practitioner certi-46fies in the certification that the patient's condition is progressive47and degenerative or that delay in the patient's certified medical use of48cannabis poses a risk to the patient's life or health.49(b) The office shall create the form to be used for a special certif-50ication and shall make that form available to be downloaded from the51office's website.5210.] 8. Prior to issuing a certification a practitioner must 53 complete[, at a minimum, a two-hour course] appropriate training as 54 determined by the board in regulation. For the purposes of this article 55 a person's status as a practitioner is deemed to be a "license" for theS. 3294 3 1 purposes of section thirty-three hundred ninety of the public health law 2 and shall be subject to the same revocation process. 3 § 3. Subdivisions 1 and 2 of section 31 of the cannabis law are 4 amended to read as follows: 5 1. the cannabis or concentrated cannabis that may be possessed by a 6 certified patient shall not exceed the quantities authorized in section 7 222.05 of the penal law or a sixty-day supply [of the dosage determined8by the practitioner], whichever is greater, consistent with any guidance 9 and regulations issued by the board[, provided that during the last10seven days of any sixty-day period, the certified patient may also11possess up to such amount for the next sixty-day period]; 12 2. the cannabis or concentrated cannabis that may be possessed by a 13 designated [caregivers does] caregiver shall not exceed the quantities 14 [referred to in subdivision one of this section for each certified15patient for whom the caregiver possesses a valid registry identification16card, up to four certified patients] authorized in section 222.05 of the 17 penal law or a sixty-day supply for the certified patient, whichever is 18 greater; 19 § 4. Section 32 of the cannabis law is amended to read as follows: 20 § 32. [Registry identification cards] Validating medical cannabis 21 certifications. 1. [Upon approval of the] When presented with a certif- 22 ication from a practitioner, [the office] registered organizations shall 23 [issue registry identification cards for] confirm certifications and 24 government-issued photo identifications, pursuant to subdivision four of 25 section thirty of this article, of certified patients and designated 26 caregivers upon the production of such documentation by the certified 27 patient or designated caregiver as determined by the board in 28 regulation. [A registry identification card shall expire as provided in29this article or as otherwise provided in this section. The office shall30begin issuing registry identification cards as soon as practicable after31the certifications required by this chapter are granted. The office may32specify a form for a registry application, in which case the office33shall provide the form on request, reproductions of the form may be34used, and the form shall be available for downloading from the board's35or office's website.] 36 2. [To obtain, amend or renew a registry identification card, a certi-37fied patient or designated caregiver shall file a registry application38with the office, unless otherwise exempted by the board in regulation.39The registry application or renewal application shall include:40(a) in the case of a certified patient:41(i) the patient's certification, a new written certification shall be42provided with a renewal application if required by the office;43(ii) the name, address, and date of birth of the patient;44(iii) the date of the certification;45(iv) if the patient has a registry identification card based on a46current valid certification, the registry identification number and47expiration date of that registry identification card;48(v) the specified date until which the patient would benefit from49medical cannabis, if the certification states such a date;50(vi) the name, address, and telephone number of the certifying practi-51tioner;52(vii) any recommendation or limitation by the practitioner as to the53form or forms of medical cannabis or dosage for the certified patient;54(viii) if the certified patient designates a designated caregiver, the55name, address, and date of birth of the designated caregiver, and other56individual identifying information required by the board;S. 3294 4 1(ix) if the designated caregiver is a cannabis research license holder2under this chapter, the name of the organization conducting the3research, the address, phone number, name of the individual leading the4research or appropriate designee, and other identifying information5required by the board; and6(x) other individual identifying information required by the office;7(b) in the case of a designated caregiver:8(i) the name, address, and date of birth of the designated caregiver;9(ii) if the designated caregiver has a registry identification card,10the registry identification number and expiration date of that registry11identification card; and12(iii) other individual identifying information required by the office;13(c) a statement that a false statement made in the application is14punishable under section 210.45 of the penal law;15(d) the date of the application and the signature of the certified16patient or designated caregiver, as the case may be;17(e) any other requirements determined by the board.] Registered organ- 18 izations shall validate patient certifications and designated caregiver 19 registrations in a manner determined by the office. The authorized 20 representative of a registered organization shall designate and author- 21 ize specific employees to conduct the validation. 22 (a) When dispensing medical cannabis, authorized registered organiza- 23 tion employees shall not dispense any medical cannabis to a certified 24 patient or a designated caregiver unless the certified patient or desig- 25 nated caregiver presents to the authorized registered organization 26 employee a valid certification from a practitioner and a valid govern- 27 ment-issued photo identification, which the authorized registered organ- 28 ization employee shall use to validate that such person is eighteen 29 years of age or older and capable of consent as documented on the 30 certification, provided that such valid government-issued photo iden- 31 tification is issued by the commissioner of motor vehicles, a local 32 government agency within the state, the federal government, any United 33 States territory, commonwealth or possession, the District of Columbia, 34 a state government within the United States, or is a valid passport 35 issued by the United States government or any other country, or is an 36 identification card issued by the armed forces of the United States. 37 (b) The authorized representative of the registered organization shall 38 promptly notify the office if at any time any unauthorized person 39 accesses patient certification or designated caregiver data, if there is 40 evidence of tampering or fraud, or any other circumstances as determined 41 by the board in regulation. 42 2-a. A certified patient may designate a caregiver. The designation of 43 the caregiver and registration of the caregiver shall be determined by 44 the board in regulation. The designated caregiver application or renewal 45 application shall include: 46 (a) the name, address, and date of birth of the designated caregiver, 47 and other individual identifying information required by the board; 48 (b) the name and date of birth for each certified patient the desig- 49 nated caregiver is designated to care for; 50 (c) if the designated caregiver is a cannabis research license holder 51 under this chapter, the name of the organization conducting the 52 research, the address, phone number, name of the individual leading the 53 research or appropriate designee, and other identifying information 54 required by the board; 55 (d) a statement that a false statement made in the application is 56 punishable under section 210.45 of the penal law;S. 3294 5 1 (e) the date of the application and the signature, which may be elec- 2 tronic, of the designated caregiver; and 3 (f) upon approval of the designated caregiver application, the office 4 shall provide the designated caregiver with a code, including but not 5 limited to a quick response (QR) code, that the designated caregiver 6 must present to the registered organization when obtaining medical 7 cannabis product or products. 8 3. Where a certified patient is under the age of eighteen or otherwise 9 incapable of consent: 10 (a) The [application for a registry identification card shall be made11by] certifying practitioner must obtain consent from the person [respon-12sible for making] legally authorized to make health care decisions [for] 13 on behalf of the patient for the use of medical cannabis product or 14 products and any device used for its administration. 15 (b) At least one designated caregiver is required to be provided upon 16 certification of the patient. The designated caregiver shall be: (i) a 17 parent or legal guardian of the certified patient; (ii) a person desig- 18 nated by a parent or legal guardian; (iii) an employee of a designated 19 caregiver facility, including a cannabis research license holder; or 20 (iv) an appropriate person approved by the office upon a sufficient 21 showing that no parent or legal guardian is appropriate or available. 22 4. No person may be a designated caregiver if the person is under 23 [twenty-one] eighteen years of age unless a sufficient showing is made 24 to the office that the person should be permitted to serve as a desig- 25 nated caregiver. The requirements for such a showing shall be determined 26 by the board. 27 5. No person may be a designated caregiver for more than four certi- 28 fied patients at one time; provided, however, that this limitation shall 29 not apply to a designated caregiver facility, or cannabis research 30 license holder as defined by this chapter. 31 6. If a certified patient wishes to change or terminate [his or her] 32 their designated caregiver, for whatever reason, the certified patient 33 shall notify the office as soon as practicable. The office shall issue a 34 notification in a manner determined by the office to the designated 35 caregiver that their registration [card] is invalid and [must be] shall 36 promptly [destroyed] remove such designated caregiver's registration 37 from the registry. The newly designated caregiver must comply with all 38 requirements set forth in this section. 39 7. [If the certification so provides, the registry identification card40shall contain any recommendation or limitation by the practitioner as to41the form or forms of medical cannabis or dosage for the certified42patient.438. The office shall issue separate registry identification cards for44certified patients and designated caregivers as soon as reasonably prac-45ticable after receiving a complete application under this section,46unless it determines that the application is incomplete or factually47inaccurate, in which case it shall promptly notify the applicant.489. If the application of a certified patient designates an individual49as a designated caregiver who is not authorized to be a designated care-50giver, that portion of the application shall be denied by the office but51that shall not affect the approval of the balance of the application.5210. A registry identification card shall:53(a) contain the name of the certified patient or the designated care-54giver as the case may be;55(b) contain the date of issuance and expiration date of the registry56identification card;S. 3294 6 1(c) contain a registry identification number for the certified patient2or designated caregiver, as the case may be and a registry identifica-3tion number;4(d) contain a photograph of the individual to whom the registry iden-5tification card is being issued, which shall be obtained by the office6in a manner specified by the board in regulations; provided, however,7that if the office requires certified patients to submit photographs for8this purpose, there shall be a reasonable accommodation of certified9patients who are confined to their homes due to their medical conditions10and may therefore have difficulty procuring photographs;11(e) be a secure document as determined by the board;12(f) plainly state any recommendation or limitation by the practitioner13as to the form or forms of medical cannabis or dosage for the certified14patient; and15(g) any other requirements determined by the board.1611.] A certified patient [or designated caregiver who has been issued17a registry identification card shall notify the office of any change in18his or her name or address or, with respect to the patient, if he or she19ceases to have the condition noted on the certification within ten days20of such change. The certified patient's or designated caregiver's regis-21try identification card shall be deemed invalid and shall be promptly22destroyed] shall notify their practitioner of any change in their name 23 or address and the practitioner shall update the certification accord- 24 ingly. 25 [12. If a certified patient or designated caregiver loses his or her26registry identification card, he or she shall notify the office within27ten days of losing the card. The office shall issue a new registry iden-28tification card as soon as practicable, which may contain a new registry29identification number, to the certified patient or designated caregiver,30as the case may be.3113. The office shall maintain a confidential list of the persons to32whom it has issued registry identification cards. Individual identifying33information obtained by the office under this article shall be confiden-34tial and exempt from disclosure under article six of the public officers35law.3614. The board shall verify to law enforcement personnel in an appro-37priate case whether a registry identification card is valid and any38other relevant information necessary to protect patients' rights to39medical cannabis by confirming compliance with this article.4015.] 8. A designated caregiver who has been issued a registration 41 shall notify the office of any change in their name or address in a 42 manner determined by the office. 43 9. If a certified patient or designated caregiver willfully violates 44 any provision of this article as determined by the board, [his or her] 45 their certification, and [registry identification card] in the case of 46 the designated caregiver, their registration may be suspended or 47 revoked. This [is] may be in addition to any other penalty that [may] 48 would apply. 49 [16. The board shall make regulations for special certifications,50which shall include expedited procedures and which may require the51applicant to submit additional documentation establishing the clinical52basis for the special certification. If the board has not established53and made available a form for a registry application or renewal applica-54tion, then in the case of a special certification, a registry applica-55tion or renewal application that otherwise conforms with the require-56ments of this section shall not require the use of a form.]S. 3294 7 1 10. The maintenance and access of records pertaining to certif- 2 ications, registrations, certified patients and designated caregivers 3 shall be in compliance with the federal health insurance portability and 4 accountability act of 1996, and with all privacy and confidentiality 5 protections afforded to individuals under the law. Information obtained 6 by the office under this article shall be confidential and exempt from 7 disclosure under article six of the public officers law. 8 11. Any practitioner or registered organization authorized represen- 9 tative or employee who is found to have knowingly and fraudulently 10 manipulated certified patient or designated caregiver information, or 11 whose knowing and negligent behavior or knowing actions directly related 12 to their duties pursuant to this section results in a serious threat to 13 the health and safety of a certified patient or patients, is guilty of a 14 class A misdemeanor. In the case that this misdemeanor complaint has 15 been filed against a practitioner, the board or office may additionally 16 refer any relevant internal findings to the department of health or the 17 state education department if the board or office concludes the 18 violation may warrant professional disciplinary intervention. 19 § 5. The cannabis law is amended by adding a new section 32-a to read 20 as follows: 21 § 32-a. Medical cannabis patient reciprocity. 1. Subject to the 22 provisions of this article and the rules and regulations of the board 23 promulgated thereunder, medical cannabis patients from other states 24 within the United States, United States territories, commonwealths or 25 possessions, or the District of Columbia are authorized to obtain 26 medical cannabis or medical cannabis products from a registered organ- 27 ization, provided such patient is deemed a certified patient or is 28 registered as a medical cannabis patient in their home state or juris- 29 diction and presents proof of such certification or registration and a 30 valid government-issued photo identification to a registered organiza- 31 tion. Such registered organization shall then validate such patient and 32 dispense medical cannabis pursuant to the procedures determined by the 33 board in regulation. 34 2. Medical cannabis patients from other states or jurisdictions of the 35 United States who obtain medical cannabis from a registered organization 36 in this state pursuant to subdivision one of this section shall comply 37 with: 38 (a) all provisions of this chapter and all rules and regulations 39 promulgated thereunder; and 40 (b) articles one hundred seventy-nine and two hundred twenty-two of 41 the penal law. 42 3. Certified patients in New York shall be authorized to obtain 43 medical cannabis or medical cannabis products from other states and 44 jurisdictions of the United States in accordance with the requirements 45 set forth by such state or other United States jurisdiction. 46 § 6. Subdivision 4 and paragraph (b) of subdivision 5 of section 34 of 47 the cannabis law are amended to read as follows: 48 4. (a) A registered organization may lawfully, in good faith, sell, 49 deliver, distribute or dispense medical cannabis to a certified patient 50 or designated caregiver upon presentation to the registered organization 51 of a valid [registry identification card] certification and valid 52 government-issued photo identification for that certified patient or 53 designated caregiver, pursuant to section thirty-two of this article. 54 When presented with the [registry identification card] certification, 55 the registered organization shall provide to the certified patient or 56 designated caregiver a receipt, which may be electronic, which shallS. 3294 8 1 state: the name, address, and registry identification number of the 2 registered organization; the name and registry identification number of 3 the certified patient and the designated caregiver, if any; the date the 4 cannabis was sold; [any recommendation or limitation by the practitioner5as to the form or forms of medical cannabis or dosage for the certified6patient;] and the form and the quantity of medical cannabis sold. The 7 registered organization shall retain [a copy] any copies of [the] regis- 8 try identification [card] cards used by certified patients or designated 9 caregivers prior to the effective date of the chapter of the laws of two 10 thousand twenty-five that amended this paragraph and the receipt for six 11 years following the effective date of the chapter of the laws of two 12 thousand twenty-five that amended this paragraph and shall make such 13 records available to the office upon request. 14 (b) The proprietor of a registered organization shall file or cause to 15 be filed any dispensing receipt and certification information with the 16 office by electronic means on a real-time basis as the board shall 17 require by regulation. When filing dispensing receipt and certification 18 information electronically pursuant to this paragraph, the proprietor of 19 the registered organization shall dispose of any electronically recorded 20 [prescription] information in such manner as the board shall by regu- 21 lation require. 22 (b) When dispensing medical cannabis to a certified patient or desig- 23 nated caregiver, the registered organization[: (i)] shall not dispense 24 an amount greater than [a sixty-day supply to a certified patient until25the certified patient has exhausted all but a seven day supply provided26pursuant to a previously issued certification; and (ii) shall verify the27information in subparagraph (i) of this paragraph by consulting the28prescription monitoring program registry under] the amounts authorized 29 in section thirty-one of this article. 30 § 7. Subdivision 3 of section 37 of the cannabis law is amended to 31 read as follows: 32 3. The board shall [report every two years, beginning two years after33the effective date of this article, to the governor and the legislature34on] collect data and publish information related to the medical use of 35 cannabis under this article and make appropriate recommendations in its 36 annual report. 37 § 8. Section 41 of the cannabis law is amended to read as follows: 38 § 41. Home cultivation of medical cannabis. 1. Certified patients 39 [twenty-one] eighteen years of age or older may cultivate cannabis for 40 personal medical use. Designated caregivers twenty-one years of age or 41 older, caring for certified patients either younger than twenty-one 42 years of age or whose physical or cognitive impairments prevent them 43 from cultivating cannabis, may cultivate cannabis for use by such 44 patients, provided that no other caregiver is growing for said patient 45 or patients. [All cultivation] Cultivation under this section shall be 46 in accordance with section 222.15 of the penal law and any regulations 47 made by the board, provided that the maximum number of cannabis plants a 48 designated caregiver is authorized to grow is proportionately increased 49 for each patient they are growing for. 50 2. Nothing in this section shall be construed to permit any certified 51 patient or designated caregiver to sell any cultivated cannabis produced 52 by any cannabis plant which is or was cultivated for a certified patient 53 pursuant to this section to any other person, even if the certified 54 patient no longer needs or wants such cannabis; provided however, a 55 certified patient or designated caregiver shall be authorized to give 56 such cultivated cannabis to another certified patient in the amountsS. 3294 9 1 authorized by section thirty-one of this article. Any certified patient 2 or designated caregiver who is found to be selling such cultivated 3 cannabis for compensation or other remuneration may be subject to any 4 relevant penalties in this chapter, the penal law, and the tax law. 5 § 9. Subdivision 4 of section 42 of the cannabis law is amended to 6 read as follows: 7 4. (a) [Certification applications] Certifications, certification 8 forms[,] and any certified patient or designated caregiver information 9 contained within a database[, and copies of registry identification10cards] shall be deemed exempt from public disclosure under sections 11 eighty-seven and eighty-nine of the public officers law. Upon specific 12 request by a certified patient to the office, the office shall verify 13 the requesting patient's status as a valid certified patient to the 14 patient's school or employer or other designated party, to ensure 15 compliance with the protections afforded by this section. 16 (b) The name, contact information, and other information relating to 17 practitioners [registered with the board] certifying patients under this 18 article shall be public information and shall be maintained on the 19 board's website accessible to the public in searchable form. However, if 20 a practitioner notifies the board in writing that [he or she does] they 21 do not want [his or her] their name and other information disclosed, 22 that practitioner's name and other information shall thereafter not be 23 public information or maintained on the board's website, unless the 24 practitioner cancels the request. 25 § 10. Article 33-A of the public health law is REPEALED. 26 § 11. The commissioner of health, the executive director of the office 27 of cannabis management and the commissioner of education, or their 28 designees, shall work in conjunction to expeditiously transfer any 29 records, documents and papers of the controlled substances therapeutic 30 research act and the Antonio G. Olivieri controlled substances therapeu- 31 tic research program repealed by section ten of this act, from the 32 department of health to the office of cannabis management and the state 33 archives. 34 § 12. Section 12 of chapter 90 of the laws of 2014 amending the public 35 health law, the tax law, the state finance law, the general business 36 law, the penal law and the criminal procedure law relating to medical 37 use of marihuana, as amended by chapter 92 of the laws of 2021, is 38 amended to read as follows: 39 § 12. This act shall take effect immediately; provided, however that 40 sections one, three, four, five, six, seven-a[,] and eight[, nine, ten41and eleven] of this act shall expire and be deemed repealed [fourteen] 42 nine years after such date; provided that the amendments to section 43 171-a of the tax law made by section seven of this act shall take effect 44 on the same date and in the same manner as section 54 of part A of chap- 45 ter 59 of the laws of 2014 takes effect and shall not expire and be 46 deemed repealed; and provided, further, that the amendments to subdivi- 47 sion 5 of section 410.91 of the criminal procedure law made by section 48 eleven of this act shall not affect the expiration and repeal of such 49 section and shall expire and be deemed repealed therewith. 50 § 13. This act shall take effect immediately; provided, however that 51 sections one, two, three, four, five, six, eight and nine of this act 52 shall take effect on the ninetieth day after it shall have become a law; 53 and provided, further, that sections ten and eleven of this act shall 54 take effect on the one hundred eightieth day after it shall have become 55 a law.
