N.Y. Public Health Law § 3360: Definitions

* § 3360. Definitions. As used in this title, the following terms

shall have the following meanings, unless the context clearly requires

otherwise:

1. "Certified medical use" means the acquisition, possession, use, or,

transportation of medical marihuana by a certified patient, or the

acquisition, possession, delivery, transportation or administration of

medical marihuana by a designated caregiver, for use as part of the

treatment of the patient's serious condition, as authorized in a

certification under this title including enabling the patient to

tolerate treatment for the serious condition. A certified medical use

does not include smoking.

2. "Caring for" means treating a patient, in the course of which the

practitioner has completed a full assessment of the patient's medical

history and current medical condition.

3. "Certified patient" means a patient who is a resident of New York

state or receiving care and treatment in New York state as determined by

the commissioner in regulation, and is certified under section

thirty-three hundred sixty-one of this title.

4. "Certification" means a certification, made under section

thirty-three hundred sixty-one of this title.

5. "Designated caregiver" means the individual designated by a

certified patient in a registry application. A certified patient may

designate up to two designated caregivers.

6. "Public place" means a public place as defined in regulation by the

commissioner.

7. (a) "Serious condition" means:

(i) having one of the following severe debilitating or

life-threatening conditions: cancer, positive status for human

immunodeficiency virus or acquired immune deficiency syndrome,

amyotrophic lateral sclerosis, Parkinson's disease, multiple sclerosis,

damage to the nervous tissue of the spinal cord with objective

neurological indication of intractable spasticity, epilepsy,

inflammatory bowel disease, neuropathies, Huntington's disease,

post-traumatic stress disorder, pain that degrades health and functional

capability where the use of medical marihuana is an alternative to

opioid use, substance use disorder, or as added by the commissioner; and

(ii) any of the following conditions where it is clinically associated

with, or a complication of, a condition under this paragraph or its

treatment: cachexia or wasting syndrome; severe or chronic pain; severe

nausea; seizures; severe or persistent muscle spasms; or such conditions

as are added by the commissioner.

(b) No later than eighteen months from the effective date of this

section, the commissioner shall determine whether to add the following

serious conditions: Alzheimer's, muscular dystrophy, dystonia,

post-traumatic stress disorder and rheumatoid arthritis.

8. "Medical marihuana" means marihuana as defined in subdivision

twenty-one of section thirty-three hundred two of this article, intended

for a certified medical use, as determined by the commissioner in his or

her sole discretion. Any form of medical marihuana not approved by the

commissioner is expressly prohibited.

9. "Registered organization" means a registered organization under

sections thirty-three hundred sixty-four and thirty-three hundred

sixty-five of this title.

10. "Registry application" means an application properly completed and

filed with the department by a certified patient under section

thirty-three hundred sixty-three of this title.

11. "Registry identification card" means a document that identifies a

certified patient or designated caregiver, as provided under section

thirty-three hundred sixty-three of this title.

12. "Practitioner" means a practitioner who (i) is a physician

licensed by New York state and practicing within the state, (ii) who by

training or experience is qualified to treat a serious condition as

defined in subdivision seven of this section; and (iii) has completed a

two to four hour course as determined by the commissioner in regulation

and registered with the department; provided however, a registration

shall not be denied without cause. Such course may count toward board

certification requirements. The commissioner shall consider the

inclusion of nurse practitioners under this title based upon

considerations including access and availability. After such

consideration the commissioner is authorized to deem nurse practitioners

as practitioners under this title.

13. "Terminally ill" means an individual has a medical prognosis that

the individual's life expectancy is approximately one year or less if

the illness runs its normal course.

14. "Labor peace agreement" means an agreement between an entity and a

labor organization that, at a minimum, protects the state's proprietary

interests by prohibiting labor organizations and members from engaging

in picketing, work stoppages, boycotts, and any other economic

interference with the registered organization's business.

15. "Individual dose" means a single measure of raw medical marihuana

or non-infused concentrates to be determined and clearly identified by a

patient's practitioner for the patient's specific certified condition.

For ingestible or sub-lingual medical marihuana products, no individual

dose may contain more than ten milligrams of tetrahydrocannabinol.

16. "Form of medical marihuana" means characteristics of the medical

marihuana recommended or limited for a particular certified patient,

including the method of consumption and any particular strain, variety,

and quantity or percentage of marihuana or particular active ingredient.

17. "Applicant" means a for-profit entity or not-for-profit

corporation and includes: board members, officers, managers, owners,

partners, principal stakeholders and members who submit an application

to become a registered organization.

18. "Special certification" means a special certification made under

subdivision nine of section thirty-three hundred sixty-one of this

title.

* 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