2018 New York Laws
PBH - Public Health
Article 33 - Controlled Substances
Title 5-A - Medical Use of Marihuana
3364 - Registered Organizations.
* § 3364. Registered organizations. 1. A registered organization shall be a for-profit business entity or not-for-profit corporation organized for the purpose of acquiring, possessing, manufacturing, selling, delivering, transporting, distributing or dispensing marihuana for certified medical use.
2. The acquiring, possession, manufacture, sale, delivery, transporting, distributing or dispensing of marihuana by a registered organization under this title in accordance with its registration under section thirty-three hundred sixty-five of this title or a renewal thereof shall be lawful under this title.
3. Each registered organization shall contract with an independent laboratory to test the medical marihuana produced by the registered organization. The commissioner shall approve the laboratory and require that the laboratory report testing results in a manner determined by the commissioner. The commissioner is authorized to issue regulation requiring the laboratory to perform certain tests and services.
4. (a) A registered organization may lawfully, in good faith, sell, deliver, distribute or dispense medical marihuana to a certified patient or designated caregiver upon presentation to the registered organization of a valid registry identification card for that certified patient or designated caregiver. When presented with the registry identification card, the registered organization shall provide to the certified patient or designated caregiver a receipt, which shall state: the name, address, and registry identification number of the registered organization; the name and registry identification number of the certified patient and the designated caregiver (if any); the date the marihuana was sold; any recommendation or limitation by the practitioner as to the form or forms of medical marihuana or dosage for the certified patient; and the form and the quantity of medical marihuana sold. The registered organization shall retain a copy of the registry identification card and the receipt for six years.
(b) The proprietor of a registered organization shall file or cause to be filed any receipt and certification information with the department by electronic means on a real time basis as the commissioner shall require by regulation. When filing receipt and certification information electronically pursuant to this paragraph, the proprietor of the registered organization shall dispose of any electronically recorded prescription information in such manner as the commissioner shall by regulation require.
5. (a) No registered organization may sell, deliver, distribute or dispense to any certified patient or designated caregiver a quantity of medical marihuana larger than that individual would be allowed to possess under this title.
(b) When dispensing medical marihuana to a certified patient or designated caregiver, the registered organization (i) shall not dispense an amount greater than a thirty day supply to a certified patient until the certified patient has exhausted all but a seven day supply provided pursuant to a previously issued certification, and (ii) shall verify the information in subparagraph (i) of this paragraph by consulting the prescription monitoring program registry under section thirty-three hundred forty-three-a of this article.
(c) Medical marihuana dispensed to a certified patient or designated caregiver by a registered organization shall conform to any recommendation or limitation by the practitioner as to the form or forms of medical marihuana or dosage for the certified patient.
6. When a registered organization sells, delivers, distributes or dispenses medical marihuana to a certified patient or designated caregiver, it shall provide to that individual a safety insert, which will be developed and approved by the commissioner and include, but not be limited to, information on:
(a) methods for administering medical marihuana in individual doses,
(b) any potential dangers stemming from the use of medical marihuana,
(c) how to recognize what may be problematic usage of medical marihuana and obtain appropriate services or treatment for problematic usage, and
(d) other information as determined by the commissioner.
7. Registered organizations shall not be managed by or employ anyone who has been convicted of any felony of sale or possession of drugs, narcotics, or controlled substances provided that this subdivision only applies to (a) managers or employees who come into contact with or handle medical marihuana, and (b) a conviction less than ten years (not counting time spent in incarceration) prior to being employed, for which the person has not received a certificate of relief from disabilities or a certificate of good conduct under article twenty-three of the correction law.
8. Manufacturing of medical marihuana by a registered organization shall only be done in an indoor, enclosed, secure facility located in New York state, which may include a greenhouse. The commissioner shall promulgate regulations establishing requirements for such facilities.
9. Dispensing of medical marihuana by a registered organization shall only be done in an indoor, enclosed, secure facility located in New York state, which may include a greenhouse. The commissioner shall promulgate regulations establishing requirements for such facilities.
10. A registered organization shall determine the quality, safety, and clinical strength of medical marihuana manufactured or dispensed by the registered organization, and shall provide documentation of that quality, safety and clinical strength to the department and to any person or entity to which the medical marihuana is sold or dispensed.
11. A registered organization shall be deemed to be a "health care provider" for the purposes of title two-D of article two of this chapter.
12. Medical marihuana shall be dispensed to a certified patient or designated caregiver in a sealed and properly labeled package. The labeling shall contain: (a) the information required to be included in the receipt provided to the certified patient or designated caregiver by the registered organization; (b) the packaging date; (c) any applicable date by which the medical marihuana should be used; (d) a warning stating, "This product is for medicinal use only. Women should not consume during pregnancy or while breastfeeding except on the advice of the certifying health care practitioner, and in the case of breastfeeding mothers, including the infant's pediatrician. This product might impair the ability to drive. Keep out of reach of children."; (e) the amount of individual doses contained within; and (f) a warning that the medical marihuana must be kept in the original container in which it was dispensed.
13. The commissioner is authorized to make rules and regulations restricting the advertising and marketing of medical marihuana, which shall be consistent with the federal regulations governing prescription drug advertising and marketing.
* NB Repealed July 5, 2021