NY Pub Health L § 3360 (2021)
2021 New York Laws PBH - Public Health Article 33 - Controlled Substances Title 5-A - Medical Use of Marihuana 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