NYS announces agreement to legalize medical marijuana

Discussion in 'Lounge' started by Rachgier, Jun 19, 2014.

  1. Rachgier

    Rachgier Administrator Staff Member


    June 19, 2014

    Updated Jun 19, 2014 at 6:32 PM EDT

    (WBNG Binghamton) Governor Andrew Cuomo and legislative leaders announced an agreement on a bill that will establish a medical marijuana program for New York State. The legislation includes provisions to ensure medical marijuana is reserved only for patients with serious conditions and is dispensed and administered in a manner that protects public health and safety.

    "This legislation strikes the right balance," Governor Cuomo said. "Medical marijuana has the capacity to do a lot of good for a lot of people who are in pain and suffering, and are in desperate need of a treatment that will provide some relief. At the same time, medical marijuana is a difficult issue because there are risks to public health and safety that have to be averted. I believe this bill is the right balance, and I commend the members of the Legislature who worked so hard on this measure."

    New York State Assemblywoman Donna Lupardo (D) is a co-sponsor of the bill.

    A spokesman from her office told Action News both legislative houses will likely vote on the bill Thursday night. They may choose to extend the session and vote Friday.

    Find details of the bill below:

    Medical Marijuana Reserved for Patients with Serious Conditions:

    To ensure medical marijuana is available only to patients with serious conditions who can most benefit from the treatment, the legislation establishes a certification and registry process for physicians to administer the drug.

    To be prescribed medical marijuana, a patient must receive a certification from a licensed practitioner who must register with the Department of Health and be qualified to treat the serious condition for which the patient is seeking treatment. The serious conditions for which medical marijuana can be prescribed are cancer, HIV/AIDS, ALS (Lou Gehrig’s Disease), Parkinson’s Disease, multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological indication on intractable spasticity, epilepsy, inflammatory bowel disease, neuropathies, Huntington’s Disease, or as added by the commissioner by DOH.

    To ensure medical marijuana is in the hands of only individuals in need and their health care provider, Registry Identification Cards will be issued by DOH to certified patients. The card would contain any recommendation or limitation on form or dosage imposed by the practitioner as well as other information. The Department would be able to suspend or revoke the card of a patient who willfully violates any provision of the new law.

    Health insurers would not be required to provide coverage for medical marijuana.

    Administering Medical Marijuana Safely:

    Any form of medical marijuana not approved by the Department of Health is prohibited, and under no circumstances would smoking be allowed. DOH will issue guidelines regulating the allowed dosage amounts, and patients would not be allowed to possess an amount of medical marijuana in excess of a 30 day supply. Additionally, the patient would be required to keep the medical marijuana in the original packaging in which it was dispensed.

    The legislation puts in place a process for patients to obtain, and manufacturers to dispense medical marijuana. Organizations seeking to manufacture or distribute medical marijuana must be registered with DOH and conform to a specific list of requirements. Registration would be valid for two years at a time, renewable, and subject to revocation. Registered organizations would be required to comply with strict security and record keeping requirements. The legislation allows for five registered organizations that can each operate up to four dispensaries statewide. Registration identifications and registrations for organization would be issued 18 months after the effective date of the bill, unless DOH certifies that the new program could not be implemented in accordance with public health and safety interests.

    Registered organizations would be able to dispense medical marijuana to individuals who present a registry identification card. The organization would not be able to dispense an amount greater than a thirty day supply to a patient. The medical marijuana would be dispensed in a sealed and properly labeled package with a safety insert included. All manufacturing and dispensing of medical marijuana by registered organizations would take place in New York and registered organizations would contract with an independent laboratory to test the medical marijuana.

    Tough Penalties for Individuals and Physicians Who Abuse Medical Marijuana Program

    The legislation makes it a Class E felony for a practitioner to certify an individual as eligible to facilitate the possession of medical marijuana if he or she knows or reasonably should know the person who is asking for it has no need for it. The legislation also makes it a misdemeanor for recipients of medical marijuana to sell or trade the medical marijuana, or retain beyond what is needed for treatment the marijuana for their own use or the use of others.

    Distribution of Tax Revenue from Medical Marijuana

    The legislation puts in place a 7 percent excise tax on every sale of medical marijuana by a registered organization to a certified patient or designated caregiver. Proceeds from the excise tax would be allocated as follows: 22.5% to the county in New York state in which the medical marijuana was manufactured; 22.5% to the county in New York state in which the medical marijuana was dispensed; 5% to the State Office of Alcoholism and Substance Abuse Services to be used for additional drug abuse prevention, counseling and treatment services; and 5% to the Division of Criminal Justice Services to support law enforcement measures related to this legislation.

    The legislation grants DOH the authority to issue any necessary regulations to implement the state's medical marijuana program, as well as set a price. The Governor would also be allowed to suspend or terminate any provisions of the program based on the recommendations of the Commissioner or Superintendent.

    The bill would take effect immediately and sunset in seven years
  2. ajole

    ajole Supporting Member

    NE Utah
    Your back ought to qualify you, Rach!:p

    Funny...no mention of gun rights, so if you are a patient..you can still carry? I would have thought there would be an easy target there for the antis of NY.:confused:

  3. Rachgier

    Rachgier Administrator Staff Member

    Actually, my neuro, before he went to club fed for tax evasion and funding questionable businesses with ties to terrorism, said that it would be the only thing that stopped my pain and even suggested I start finding some.

    Looks like smoking it is out though. Guess it's only pills, oil, in food, or those vaporizer things? Not much of a pot head here so I wouldn't even know. I'm sure someone on HPFF will know just how many ways there are to get high with THC.
  4. tallbump

    tallbump Supporting Member

    Makes sense. Everyone will be so stoned they won't care that their rights are being stripped away. Of course, judging by the folks New yorkers are electing, it appears a good number of them are already stoned out of their minds
  5. FlashBang

    FlashBang I Stand With Talon Lifetime Supporter

    Interesting way to possibly keep you from being able to purchase a firearm. Form 4473 is a federal form not a State form and is based on federal laws. Question 11e would therefore pertain to federal laws regarding controlled substances. So, while the State may say you are legally allowed to use marijuana, federal law still classifies it as an illegal controlled substance.

    4473 11e = "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance"

    More unintended consequences?
  6. tallbump

    tallbump Supporting Member

    Who says it's an "unintended" consequence?
  7. Hermitt

    Hermitt Hey! Get Off My Lawn! Member

    Keyword here is 'unlawful'. If it is legal for you to use it in the state, then you are not technically an unlawful user.

    Not that I support mm, as it's just too easy for people to get fake credentials.
  8. tallbump

    tallbump Supporting Member

    But like he said, we're talking a Federal form, so Federal law applies. And it's still illegal under Federal law

    I haven't used in year. My understanding from people who do use though, is the vaporizers are a great choice.
  9. FlashBang

    FlashBang I Stand With Talon Lifetime Supporter

    Except for the fact that the Supremacy Clause of the Constitution establishes and confers Federal Preemption. Since Marijuana is still classified as a Schedule 1 substance under the Controlled Substance Act, you would be an unlawful user of marijuana not matter what your State Law says.
  10. ajole

    ajole Supporting Member

    NE Utah