2019 New York Laws
PBH - Public Health
Article 33 - Controlled Substances
Title 5-A - Medical Use of Marihuana
3362 - Lawful Medical Use.

* §  3362.  Lawful  medical  use. 1. The possession, acquisition, use,
delivery,  transfer,  transportation,  or  administration   of   medical
marihuana  by  a  certified patient or designated caregiver possessing a
valid registry identification card, for certified medical use, shall  be
lawful under this title; provided that:
  (a)  the  marihuana that may be possessed by a certified patient shall
not exceed a thirty day supply  of  the  dosage  as  determined  by  the
practitioner, consistent with any guidance and regulations issued by the
commissioner, provided that during the last seven days of any thirty day
period, the certified patient may also possess up to such amount for the
next thirty day period;
  (b)  the marihuana that may be possessed by designated caregivers does
not  exceed  the  quantities  referred  to  in  paragraph  (a)  of  this
subdivision  for each certified patient for whom the caregiver possesses
a valid registry identification card, up to five certified patients;
  (c) the form or forms of medical marihuana that may  be  possessed  by
the   certified   patient   or   designated   caregiver  pursuant  to  a
certification  shall  be  in  compliance  with  any  recommendation   or
limitation  by  the  practitioner  as  to  the  form or forms of medical
marihuana or dosage for the certified patient in the certification; and
  (d) the medical marihuana shall be kept in  the  original  package  in
which  it was dispensed under subdivision twelve of section thirty-three
hundred sixty-four of this title, except for  the  portion  removed  for
immediate  consumption  for  certified  medical  use  by  the  certified
patient.
  2. Notwithstanding subdivision one of this section:
  (a) possession of medical marihuana shall not  be  lawful  under  this
title  if it is smoked, consumed, vaporized, or grown in a public place,
regardless of the form of medical  marihuana  stated  in  the  patient's
certification.
  (b)  a  person  possessing  medical  marihuana  under this title shall
possess his or her registry identification card at  all  times  when  in
immediate possession of medical marihuana.
  * NB Repealed July 5, 2021