NY Pub Health L § 3364 (2021)
2021 New York Laws PBH - Public Health Article 33 - Controlled Substances Title 5-A - Medical Use of Marihuana 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