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, 2028 and Repealed 6 months after the full

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

appointed