§ 3364 — Registered organizations

New York § 3364

• Jurisdiction: New York
• Law PBH: Public Health
• Title 5-A: Medical Use of Marihuana
• Art. 33: Controlled Substances

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* § 3364. Registered organizations. 1. A registered organization shall\nbe a for-profit business entity or not-for-profit corporation organized\nfor the purpose of acquiring, possessing, manufacturing, selling,\ndelivering, transporting, distributing or dispensing marihuana for\ncertified medical use.\n 2. The acquiring, possession, manufacture, sale, delivery,\ntransporting, distributing or dispensing of marihuana by a registered\norganization under this title in accordance with its registration under\nsection thirty-three hundred sixty-five of this title or a renewal\nthereof shall be lawful under this title.\n 3. Each registered organization shall contract with an independent\nlaboratory to test the medical marihuana produced by the registered\norganization. The commissioner shall approve the laboratory and require\nthat the laboratory report testing results in a manner determined by the\ncommissioner. The commissioner is authorized to issue regulation\nrequiring the laboratory to perform certain tests and services.\n 4. (a) A registered organization may lawfully, in good faith, sell,\ndeliver, distribute or dispense medical marihuana to a certified patient\nor designated caregiver upon presentation to the registered organization\nof a valid registry identification card for that certified patient or\ndesignated caregiver. When presented with the registry identification\ncard, the registered organization shall provide to the certified patient\nor designated caregiver a receipt, which shall state: the name, address,\nand registry identification number of the registered organization; the\nname and registry identification number of the certified patient and the\ndesignated caregiver (if any); the date the marihuana was sold; any\nrecommendation or limitation by the practitioner as to the form or forms\nof medical marihuana or dosage for the certified patient; and the form\nand the quantity of medical marihuana sold. The registered organization\nshall retain a copy of the registry identification card and the receipt\nfor six years.\n (b) The proprietor of a registered organization shall file or cause to\nbe filed any receipt and certification information with the department\nby electronic means on a real time basis as the commissioner shall\nrequire by regulation. When filing receipt and certification information\nelectronically pursuant to this paragraph, the proprietor of the\nregistered organization shall dispose of any electronically recorded\nprescription information in such manner as the commissioner shall by\nregulation require.\n 5. (a) No registered organization may sell, deliver, distribute or\ndispense to any certified patient or designated caregiver a quantity of\nmedical marihuana larger than that individual would be allowed to\npossess under this title.\n (b) When dispensing medical marihuana to a certified patient or\ndesignated caregiver, the registered organization (i) shall not dispense\nan amount greater than a thirty day supply to a certified patient until\nthe certified patient has exhausted all but a seven day supply provided\npursuant to a previously issued certification, and (ii) shall verify the\ninformation in subparagraph (i) of this paragraph by consulting the\nprescription monitoring program registry under section thirty-three\nhundred forty-three-a of this article.\n (c) Medical marihuana dispensed to a certified patient or designated\ncaregiver by a registered organization shall conform to any\nrecommendation or limitation by the practitioner as to the form or forms\nof medical marihuana or dosage for the certified patient.\n 6. When a registered organization sells, delivers, distributes or\ndispenses medical marihuana to a certified patient or designated\ncaregiver, it shall provide to that individual a safety insert, which\nwill be developed and approved by the commissioner and include, but not\nbe limited to, information on:\n (a) methods for administering medical marihuana in individual doses,\n (b) any potential dangers stemming from the use of medical marihuana,\n (c) how to recognize what may be problematic usage of medical\nmarihuana and obtain appropriate services or treatment for problematic\nusage, and\n (d) other information as determined by the commissioner.\n 7. Registered organizations shall not be managed by or employ anyone\nwho has been convicted of any felony of sale or possession of drugs,\nnarcotics, or controlled substances provided that this subdivision only\napplies to (a) managers or employees who come into contact with or\nhandle medical marihuana, and (b) a conviction less than ten years (not\ncounting time spent in incarceration) prior to being employed, for which\nthe person has not received a certificate of relief from disabilities or\na certificate of good conduct under article twenty-three of the\ncorrection law.\n 8. Manufacturing of medical marihuana by a registered organization\nshall only be done in an indoor, enclosed, secure facility located in\nNew York state, which may include a greenhouse. The commissioner shall\npromulgate regulations establishing requirements for such facilities.\n 9. Dispensing of medical marihuana by a registered organization shall\nonly be done in an indoor, enclosed, secure facility located in New York\nstate, which may include a greenhouse. The commissioner shall promulgate\nregulations establishing requirements for such facilities.\n 10. A registered organization shall determine the quality, safety, and\nclinical strength of medical marihuana manufactured or dispensed by the\nregistered organization, and shall provide documentation of that\nquality, safety and clinical strength to the department and to any\nperson or entity to which the medical marihuana is sold or dispensed.\n 11. A registered organization shall be deemed to be a "health care\nprovider" for the purposes of title two-D of article two of this\nchapter.\n 12. Medical marihuana shall be dispensed to a certified patient or\ndesignated caregiver in a sealed and properly labeled package. The\nlabeling shall contain: (a) the information required to be included in\nthe receipt provided to the certified patient or designated caregiver by\nthe registered organization; (b) the packaging date; (c) any applicable\ndate by which the medical marihuana should be used; (d) a warning\nstating, "This product is for medicinal use only. Women should not\nconsume during pregnancy or while breastfeeding except on the advice of\nthe certifying health care practitioner, and in the case of\nbreastfeeding mothers, including the infant's pediatrician. This product\nmight impair the ability to drive. Keep out of reach of children."; (e)\nthe amount of individual doses contained within; and (f) a warning that\nthe medical marihuana must be kept in the original container in which it\nwas dispensed.\n 13. The commissioner is authorized to make rules and regulations\nrestricting the advertising and marketing of medical marihuana, which\nshall be consistent with the federal regulations governing prescription\ndrug advertising and marketing.\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