N.Y. Public Health Law § 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* NB Repealed July 5, 2028 and Repealed 6 months after the full

cannabis control board created by Article 2 of the cannabis law has been

appointed