2023 New York Laws › CAN - Cannabis › Article 3 - Medical Cannabis › 38 - Cannabis Research License.

§  38.  Cannabis  research  license.  1.  The  board shall establish a
cannabis research license that permits a licensee to  produce,  process,
purchase  and/or  possess  cannabis  for  the following limited research
purposes:
(a) to test chemical potency and composition levels;
(b)  to  conduct  clinical  investigations  of  cannabis-derived  drug
products;
(c)  to  conduct  research on the efficacy and safety of administering
cannabis as part of medical treatment; and
(d) to conduct genomic or agricultural research.
2. As part of the application process for a cannabis research license,
an applicant must submit to the board a description of the research that
is intended to be conducted as well as the  amount  of  cannabis  to  be
grown  or  purchased.  The  board  shall  review an applicant's research
project and determine whether it meets the requirements  of  subdivision
one of this section. In addition, the board shall assess the application
based on the following criteria:
(a) project quality, study design, value, and impact;
(b)  whether  the  applicant has the appropriate personnel, expertise,
facilities and infrastructure, funding,  and  human,  animal,  or  other
approvals in place to successfully conduct the project; and
(c)  whether  the  amount  of cannabis to be grown or purchased by the
applicant is consistent with the  project's  scope  and  goals.  If  the
office   determines   that  the  research  project  does  not  meet  the
requirements of subdivision one of this section, the application must be
denied.
3. A cannabis research licensee may only sell cannabis grown or within
its operation to other cannabis research licensees. The board may revoke
a cannabis research license for violations of this section.
4. A cannabis research licensee may contract with  an  institution  of
higher  education,  including  but  not limited to a hospital within the
state university of New York, to perform research  in  conjunction  with
such institution. All research projects, entered into under this section
must  be  approved by the board and meet the requirements of subdivision
one of this section.
5. In establishing a cannabis research license, the  board  may  adopt
regulations on the following:
(a) application requirements;
(b)  cannabis research license renewal requirements, including whether
additional research projects may be added or considered;
(c) conditions for license revocation;
(d) security measures to ensure cannabis is not diverted  to  purposes
other than research;
(e)  amount  of  plants,  useable  cannabis, cannabis concentrates, or
cannabis-infused products a licensee may have on its premises;
(f) licensee reporting requirements;
(g)  conditions  under  which  cannabis  grown  by  licensed  cannabis
producers  and other product types from licensed cannabis processors may
be donated to cannabis research licensees; and
(h) any additional requirements deemed necessary by the board.
6. A cannabis research license issued pursuant to this section must be
issued in the name of the applicant and specify the  location  at  which
the  cannabis  researcher  intends  to operate, which must be within the
state of New York.
7. The application fee  for  a  cannabis  research  license  shall  be
determined by the board on an annual basis and may be based on the size,
scope and duration of the research proposed.
8. Each cannabis research licensee shall issue an annual report to the
board. The board shall review such report and make a determination as to
whether   the   research   project   continues   to  meet  the  research
qualifications under this section.