New York § 3362 Lawful medical use

New York Statutes

§ 3362 — Lawful medical use

New York § 3362

Law PBHPublic Health

Title 5-AMedical Use of Marihuana

Art. 33Controlled Substances

This text of New York § 3362 (Lawful medical use) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Public Health § 3362 (2026).

Text

* § 3362. Lawful medical use.

1.The possession, acquisition, use,\ndelivery, transfer, transportation, or administration of medical\nmarihuana by a certified patient or designated caregiver possessing a\nvalid registry identification card, for certified medical use, shall be\nlawful under this title; provided that:\n (a) the marihuana that may be possessed by a certified patient shall\nnot exceed a thirty day supply of the dosage as determined by the\npractitioner, consistent with any guidance and regulations issued by the\ncommissioner, provided that during the last seven days of any thirty day\nperiod, the certified patient may also possess up to such amount for the\nnext thirty day period;\n (b) the marihuana that may be possessed by designated caregivers does\nnot exceed the quant

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* § 3362. Lawful medical use. 1. The possession, acquisition, use,\ndelivery, transfer, transportation, or administration of medical\nmarihuana by a certified patient or designated caregiver possessing a\nvalid registry identification card, for certified medical use, shall be\nlawful under this title; provided that:\n (a) the marihuana that may be possessed by a certified patient shall\nnot exceed a thirty day supply of the dosage as determined by the\npractitioner, consistent with any guidance and regulations issued by the\ncommissioner, provided that during the last seven days of any thirty day\nperiod, the certified patient may also possess up to such amount for the\nnext thirty day period;\n (b) the marihuana that may be possessed by designated caregivers does\nnot exceed the quantities referred to in paragraph (a) of this\nsubdivision for each certified patient for whom the caregiver possesses\na valid registry identification card, up to five certified patients;\n (c) the form or forms of medical marihuana that may be possessed by\nthe certified patient or designated caregiver pursuant to a\ncertification shall be in compliance with any recommendation or\nlimitation by the practitioner as to the form or forms of medical\nmarihuana or dosage for the certified patient in the certification; and\n (d) the medical marihuana shall be kept in the original package in\nwhich it was dispensed under subdivision twelve of section thirty-three\nhundred sixty-four of this title, except for the portion removed for\nimmediate consumption for certified medical use by the certified\npatient.\n 2. Notwithstanding subdivision one of this section:\n (a) possession of medical marihuana shall not be lawful under this\ntitle if it is smoked, consumed, vaporized, or grown in a public place,\nregardless of the form of medical marihuana stated in the patient's\ncertification.\n (b) a person possessing medical marihuana under this title shall\npossess his or her registry identification card at all times when in\nimmediate possession of medical marihuana.\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