2020 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