2023 New York Laws
PBH - Public Health
Article 33 - Controlled Substances
Title 5-A - Medical Use of Marihuana
3365-A - Expedited Registration of Registered Organizations.

* §  3365-a.  Expedited  registration  of registered organizations. 1.
There is hereby established  in  the  department  an  emergency  medical
marihuana  access program (referred to in this section as the "program")
under this section. The purpose  of  the  program  is  to  expedite  the
availability  of  medical marihuana to avoid suffering and loss of life,
during the period before full implementation  of  and  production  under
this  title,  especially in the case of patients whose serious condition
is progressive and degenerative or is such that delay in  the  patient's
medical  use  of marihuana poses a serious risk to the patient's life or
health. The commissioner shall implement the program as expeditiously as
practicable, including by emergency regulation.
2. The department shall begin accepting  and  acting  on  applications
under  this  section for registered organizations as soon as practicable
after the effective date of this section.
3. For the purposes of this section, and for specified limited  times,
the  commissioner  may  waive or modify the requirements of this article
relating to registered organizations, consistent  with  the  legislative
intent  and  purpose  of  this  title  and this section. Where an entity
seeking to be a registered organization under the program operates in  a
jurisdiction  other than the state of New York, under licensure or other
governmental recognition of that jurisdiction,  and  the  laws  of  that
jurisdiction  are  acceptable to the commissioner as consistent with the
legislative intent and purpose of this title and this section, then  the
commissioner  may  accept  that  licensure  or  recognition as wholly or
partially satisfying the requirements of this title, for purposes of the
registration and operation of  the  registered  organization  under  the
program and this section.
4.  In  considering  an  application  for registration as a registered
organization under this section, the commissioner shall give  preference
to the following:
  (a)  an  applicant  that  is currently producing or providing or has a
history  of  producing  or  providing  medical  marihuana   in   another
jurisdiction in full compliance with the laws of the jurisdiction;
  (b)  an  applicant  that  is  able  and  qualified  to  both  produce,
distribute, and dispense medical marihuana to patients expeditiously;
  (c) an applicant that proposes a location or locations for  dispensing
by  the  registered  organization,  which ensure, to the greatest extent
possible, that certified patients  with  a  special  certification  have
access to a registered organization.
5. The commissioner may make regulations under this section:
  (a) limiting registered organizations registered under this section to
serving patients with special certifications;
  (b)    limiting    the    allowable    levels   of   cannabidiol   and
tetrahydrocannabinol  that  may  be  contained  in   medical   marihuana
authorized under the program, based on therapeutics and patient safety.
6.  A  registered  organization  under  this  section  may apply under
section thirty-three hundred sixty-five of  this  title  to  receive  or
renew registration.
* NB  Repealed  July  5,  2028  and  Repealed  6 months after the full
cannabis control board created by Article 2 of the cannabis law has been
appointed