N.Y. Public Health Law § 3328: Exemptions from title

§ 3328. Exemptions from title. The following persons engaging in the

following activities shall be exempt from the provisions of this title:

1. A practitioner lawfully administering, dispensing, or prescribing a

controlled substance in the course of his professional practice to an

ultimate user for a recognized medical purpose;

2. A licensed manufacturer engaged in research upon non-human subjects

or chemical analysis conducted on the premises specified in the

manufacturer's license;

3. A licensed distributor engaged in quality control analysis at the

premises specified in his license.

4. A practitioner or patient participating in a clinical research

program on the therapeutic use of marijuana or tetrahydrocannabinols.

(a) Each such clinical research program shall have received protocol

approval from the United States Food and Drug Administration, shall

possess an effective investigational new drug application and shall have

been registered by the Drug Enforcement Administration, United States

Department of Justice.

(b) Each such clinical research program authorized under the

provisions of article thirty-three-A of this chapter.