§ 3360 — Definitions

* § 3360. Definitions. As used in this title, the following terms\nshall have the following meanings, unless the context clearly requires\notherwise:\n 1. "Certified medical use" means the acquisition, possession, use, or,\ntransportation of medical marihuana by a certified patient, or the\nacquisition, possession, delivery, transportation or administration of\nmedical marihuana by a designated caregiver, for use as part of the\ntreatment of the patient's serious condition, as authorized in a\ncertification under this title including enabling the patient to\ntolerate treatment for the serious condition. A certified medical use\ndoes not include smoking.\n 2. "Caring for" means treating a patient, in the course of which the\npractitioner has completed a full assessment of the patient's medical\nhistory and current medical condition.\n 3. "Certified patient" means a patient who is a resident of New York\nstate or receiving care and treatment in New York state as determined by\nthe commissioner in regulation, and is certified under section\nthirty-three hundred sixty-one of this title.\n 4. "Certification" means a certification, made under section\nthirty-three hundred sixty-one of this title.\n 5. "Designated caregiver" means the individual designated by a\ncertified patient in a registry application. A certified patient may\ndesignate up to two designated caregivers.\n 6. "Public place" means a public place as defined in regulation by the\ncommissioner.\n 7. (a) "Serious condition" means:\n (i) having one of the following severe debilitating or\nlife-threatening conditions: cancer, positive status for human\nimmunodeficiency virus or acquired immune deficiency syndrome,\namyotrophic lateral sclerosis, Parkinson's disease, multiple sclerosis,\ndamage to the nervous tissue of the spinal cord with objective\nneurological indication of intractable spasticity, epilepsy,\ninflammatory bowel disease, neuropathies, Huntington's disease,\npost-traumatic stress disorder, pain that degrades health and functional\ncapability where the use of medical marihuana is an alternative to\nopioid use, substance use disorder, or as added by the commissioner; and\n (ii) any of the following conditions where it is clinically associated\nwith, or a complication of, a condition under this paragraph or its\ntreatment: cachexia or wasting syndrome; severe or chronic pain; severe\nnausea; seizures; severe or persistent muscle spasms; or such conditions\nas are added by the commissioner.\n (b) No later than eighteen months from the effective date of this\nsection, the commissioner shall determine whether to add the following\nserious conditions: Alzheimer's, muscular dystrophy, dystonia,\npost-traumatic stress disorder and rheumatoid arthritis.\n 8. "Medical marihuana" means marihuana as defined in subdivision\ntwenty-one of section thirty-three hundred two of this article, intended\nfor a certified medical use, as determined by the commissioner in his or\nher sole discretion. Any form of medical marihuana not approved by the\ncommissioner is expressly prohibited.\n 9. "Registered organization" means a registered organization under\nsections thirty-three hundred sixty-four and thirty-three hundred\nsixty-five of this title.\n 10. "Registry application" means an application properly completed and\nfiled with the department by a certified patient under section\nthirty-three hundred sixty-three of this title.\n 11. "Registry identification card" means a document that identifies a\ncertified patient or designated caregiver, as provided under section\nthirty-three hundred sixty-three of this title.\n 12. "Practitioner" means a practitioner who (i) is a physician\nlicensed by New York state and practicing within the state, (ii) who by\ntraining or experience is qualified to treat a serious condition as\ndefined in subdivision seven of this section; and (iii) has completed a\ntwo to four hour course as determined by the commissioner in regulation\nand registered with the department; provided however, a registration\nshall not be denied without cause. Such course may count toward board\ncertification requirements. The commissioner shall consider the\ninclusion of nurse practitioners under this title based upon\nconsiderations including access and availability. After such\nconsideration the commissioner is authorized to deem nurse practitioners\nas practitioners under this title.\n 13. "Terminally ill" means an individual has a medical prognosis that\nthe individual's life expectancy is approximately one year or less if\nthe illness runs its normal course.\n 14. "Labor peace agreement" means an agreement between an entity and a\nlabor organization that, at a minimum, protects the state's proprietary\ninterests by prohibiting labor organizations and members from engaging\nin picketing, work stoppages, boycotts, and any other economic\ninterference with the registered organization's business.\n 15. "Individual dose" means a single measure of raw medical marihuana\nor non-infused concentrates to be determined and clearly identified by a\npatient's practitioner for the patient's specific certified condition.\nFor ingestible or sub-lingual medical marihuana products, no individual\ndose may contain more than ten milligrams of tetrahydrocannabinol.\n 16. "Form of medical marihuana" means characteristics of the medical\nmarihuana recommended or limited for a particular certified patient,\nincluding the method of consumption and any particular strain, variety,\nand quantity or percentage of marihuana or particular active ingredient.\n 17. "Applicant" means a for-profit entity or not-for-profit\ncorporation and includes: board members, officers, managers, owners,\npartners, principal stakeholders and members who submit an application\nto become a registered organization.\n 18. "Special certification" means a special certification made under\nsubdivision nine of section thirty-three hundred sixty-one of this\ntitle.\n * NB Repealed July 5, 2028 and Repealed 6 months after the full\ncannabis control board created by Article 2 of the cannabis law has been\nappointed\n