§ 38 — Cannabis research license

§ 38. Cannabis research license. 1. The board shall establish a\ncannabis research license that permits a licensee to produce, process,\npurchase and/or possess cannabis for the following limited research\npurposes:\n (a) to test chemical potency and composition levels;\n (b) to conduct clinical investigations of cannabis-derived drug\nproducts;\n (c) to conduct research on the efficacy and safety of administering\ncannabis as part of medical treatment; and\n (d) to conduct genomic or agricultural research.\n 2. As part of the application process for a cannabis research license,\nan applicant must submit to the board a description of the research that\nis intended to be conducted as well as the amount of cannabis to be\ngrown or purchased. The board shall review an applicant's research\nproject and determine whether it meets the requirements of subdivision\none of this section. In addition, the board shall assess the application\nbased on the following criteria:\n (a) project quality, study design, value, and impact;\n (b) whether the applicant has the appropriate personnel, expertise,\nfacilities and infrastructure, funding, and human, animal, or other\napprovals in place to successfully conduct the project; and\n (c) whether the amount of cannabis to be grown or purchased by the\napplicant is consistent with the project's scope and goals. If the\noffice determines that the research project does not meet the\nrequirements of subdivision one of this section, the application must be\ndenied.\n 3. A cannabis research licensee may only sell cannabis grown or within\nits operation to other cannabis research licensees. The board may revoke\na cannabis research license for violations of this section.\n 4. A cannabis research licensee may contract with an institution of\nhigher education, including but not limited to a hospital within the\nstate university of New York, to perform research in conjunction with\nsuch institution. All research projects, entered into under this section\nmust be approved by the board and meet the requirements of subdivision\none of this section.\n 5. In establishing a cannabis research license, the board may adopt\nregulations on the following:\n (a) application requirements;\n (b) cannabis research license renewal requirements, including whether\nadditional research projects may be added or considered;\n (c) conditions for license revocation;\n (d) security measures to ensure cannabis is not diverted to purposes\nother than research;\n (e) amount of plants, useable cannabis, cannabis concentrates, or\ncannabis-infused products a licensee may have on its premises;\n (f) licensee reporting requirements;\n (g) conditions under which cannabis grown by licensed cannabis\nproducers and other product types from licensed cannabis processors may\nbe donated to cannabis research licensees; and\n (h) any additional requirements deemed necessary by the board.\n 6. A cannabis research license issued pursuant to this section must be\nissued in the name of the applicant and specify the location at which\nthe cannabis researcher intends to operate, which must be within the\nstate of New York.\n 7. The application fee for a cannabis research license shall be\ndetermined by the board on an annual basis and may be based on the size,\nscope and duration of the research proposed.\n 8. Each cannabis research licensee shall issue an annual report to the\nboard. The board shall review such report and make a determination as to\nwhether the research project continues to meet the research\nqualifications under this section.\n