BILL NUMBER: S2566B
SPONSOR: COONEY
 
TITLE OF BILL:
An act to amend the cannabis law, in relation to medical use cannabis;
to repeal certain provisions of the cannabis law relating to the
prescription monitoring program; and to repeal article 33-A of the
public health law relating to the controlled substances therapeutic
research act
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to update and improve upon the medical
cannabis program.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 44 and 45 of section 3 of the cannabis law
to define the terms "Registration" and "Registry application."
Section 2 repeals subdivision 4 of section 30 of the cannabis law.
Section 3 amends subdivisions 5, 6, 7, 8, 9, and 10 of section 30 of the
cannabis law to: remove the requirement that medical cannabis practi-
tioners consult the prescription monitoring system; provide the cannabis
control board authority to allow practitioners to provide patients with
a QR code, or similar tool, to obtain medical cannabis; provide that
certifications are valid for two years; allow practitioners to extend
certain certification expirations; and provide that practitioners must
complete appropriate training as determined by the board in regulation.
Section 4 amends subdivisions 1 and 2 of section 31 of the cannabis law
to clarify possession of cannabis and concentrated cannabis by a certi-
fied patient or designated caregiver.
Section 5 amends section 32 of the cannabis law to replace registry
identification cards with a system for validating medical cannabis
certifications.
Section 6 adds a new section 32-a to the cannabis law to provide medical
cannabis reciprocity with other states, territories, and the District of
Columbia.
Section 7 amends subdivision 4 and paragraph (b) of subdivision 5 of
section 34 of the cannabis law to make conforming changes related to
validating medical cannabis certifications.
Section 8 amends subdivision 5 of section 34 of the cannabis law to
change supply amounts.
Section 9 amends subdivision 3 of section 37 of the cannabis law include
data on the medical cannabis program in the control board's annual
report.
Section 10 amends section 41 of the cannabis law to clarify that
patients 18 and older may cultivate medical cannabis for personal
medical use and clarify that it is unlawful to sell personally culti-
vated medical cannabis.
Section 11 amends subdivision 4 of section 42 of the cannabis law to
make conforming changes.
Section 12 repeals Article 33-A of the public health law.
Section 13 provides that the department of health, office of cannabis
management, and commissioner of education shall work in conjunction to
expeditiously transfer records of the Controlled Substances Therapeutic
Research Act and the Antonio G. Olivieri Controlled Substances Therapeu-
tic Research Program to 0CM and the State Archives.
Section 14 repeals the excise tax on medical cannabis and the medical
cannabis trust fund.
Section 15 provides for the effective date.
 
JUSTIFICATION:
The Compassionate Care Act was enacted in 2014 and paved the way New
York's medical cannabis program. The Marijuana Regulation and Taxation
Act, enacted in 2021, built upon the Compassionate Care Act and made
needed changes to the medical cannabis program. The success of the
medical cannabis program is critical for patients across New York, and
it is appropriate again to update, modernize, and improve the program.
The changes sought by this legislation are necessary for an efficient
and modernized program that will greatly benefit patients across the
state.
 
PRIOR LEGISLATIVE HISTORY:
2019 - S5657 -New bill - referred to Health
2020 - S5657B - reported from Health to Finance
2021-22- S4169 (Savino)
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however that sections
one, two, three, four, five, six, eight and nine of this act shall take
effect on the ninetieth day after it shall have become a law; and
provided, further, that sections ten and eleven of this act shall take
effect on the one hundred eightieth day after it shall have become a
law.

Statutes affected:
S2566: 3365 public health law, 3365(9) public health law, 3365-a public health law, 3365-a(1) public health law, 3369 public health law, 3369(1) public health law, 3369-d public health law
S2566A: 32 cannabis law, 37 cannabis law, 37(3) cannabis law, 41 cannabis law, 42 cannabis law, 42(4) cannabis law
S2566B: 30 cannabis law, 30(4) cannabis law, 32 cannabis law, 34 cannabis law, 34(4) cannabis law, 34(5) cannabis law, 37 cannabis law, 37(3) cannabis law, 41 cannabis law, 42 cannabis law, 42(4) cannabis law