NY Bill
Ξ April 30th, 2008 | → 0 Comments | ∇ Government |
How Close is NY??? <a href=”http://www.assembly.state.ny.us/leg/?bn=4867b”>http://www.assembly.state.ny.us/leg/?bn=4867b</a>
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<h3>A04867 Summary:</h3>
<pre>BILL NO A04867B SAME AS No same as SPONSOR Gottfried COSPNSR Bradley, Cahill, Clark, Cymbrowitz, Dinowitz, Spano, O`Donnell, Paulin, Peoples, Lifton, Kavanagh, Cook MLTSPNSR Alfano, Aubry, Boyland, Brennan, Brook-Krasny, Calhoun, Galef, Glick, Hikind, Hoyt, Jacobs, Jaffee, Kellner, Kirwan, Lafayette, Lopez V, Lupardo, Maisel, Markey, Mayersohn, McEneny, Miller, Millman, Pheffer Powell, Pretlow, Rivera N, Robinson, Rosenthal, Scarborough, Schimel, Scozzafava, Sweeney, Towns, Walker, Weisenberg, Wright, Young Add Art 33 Title V-A SS3360 - 3369, Pub Health L; amd S853, Gen Bus L Legalizes the possession, manufacture, use, delivery, transfer, transport or administration of marihuana by a certified patient or designated caregiver for a certified medical use; prescribes procedures for such possession, manufacture, etc. including certification of patients by their practitioner, and that, in the practitioner`s professional judgment, the serious condition should be treated with the medical use of marihuana; provides that possession or manufacture of marihuana shall be lawful under these provisions provided that the marihuana possessed does not exceed twelve plants and a total aggregate weight of two and a half ounces; directs the department of health to monitor such use and promulgate rules and regulations for registry identification cards; provides for reports by the department of health to the governor and legislature on the medical use of marihuana.</pre>
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<h3>A04867 Actions:</h3>
<pre>BILL NO A04867B 02/07/2007 referred to health 04/17/2007 reported referred to codes 06/06/2007 amend and recommit to codes 06/06/2007 print number 4867a 06/12/2007 reported referred to rules 06/13/2007 reported 06/13/2007 rules report cal.212 06/13/2007 ordered to third reading rules cal.212 06/13/2007 passed assembly 06/13/2007 delivered to senate 06/13/2007 REFERRED TO RULES 01/09/2008 DIED IN SENATE 01/09/2008 RETURNED TO ASSEMBLY 01/09/2008 ordered to third reading cal.362 01/15/2008 committed to health 02/05/2008 amend and recommit to health 02/05/2008 print number 4867b 02/12/2008 reported referred to codes</pre>
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<h3>A04867 Votes:</h3>
<pre>BILL: A04867A DATE: 06/13/2007 MOTION: YEA/NAY: 095/052 Abbate Y Calhoun Y Espaill Y Hoyt Y Maisel Y Powell Y Stirpe Y Alessi Y Camara NO Farrell Y Hyer-Sp NO Markey Y Pretlow Y Sweeney Y Alfano Y Canestr NO Fields NO Jacobs Y Mayerso Y Quinn NO Tedisco NO Arroyo Y Carrozz Y Finch NO Jaffee Y McDonal NO Rabbitt NO Thiele NO Auberti NO Christe Y Fitzpat NO Jeffrie Y McDonou NO Raia NO Titone Y Aubry Y Clark Y Gabrysz NO John Y McEneny Y Ramos Y Titus Y Bacalle NO Cole NO Galef Y Kavanag Y McKevit NO Reilich NO Tobacco NO Ball NO Colton Y Gantt Y Kellner Y Miller Y Reilly NO Tonko NO Barclay NO Conte NO Gianari Y Kirwan Y Millman Y Rive J Y Towns Y Barra NO Cook Y Giglio NO Kolb NO Molinar NO Rive N Y Townsen NO Benedet Y Crouch NO Glick Y Koon NO Morelle Y Rive PM Y Walker Y Benjami NO Cusick NO Gord D NO Lafayet Y Nolan NO Robinso ER Weinste Y Bing Y Cymbrow Y Gord TP Y Lancman Y Oaks NO Rosenth Y Weisenb Y Boyland ER DelMont Y Gottfri Y Latimer Y O`Donne Y Saladin NO Weprin Y Boyle Y Destito NO Greene NO Lavine Y O`Mara NO Sayward NO Wright Y Bradley Y Diaz LM Y Gunther Y Lentol Y Ortiz ER Scarbor Y Young Y Brennan Y Diaz R Y Hawley NO Lifton Y Parment Y Schimel Y Zebrows NO Brodsky Y Dinowit Y Hayes NO Lope PD NO Paulin Y Schimmi Y Mr Spkr Y Brook-K Y Duprey NO Heastie Y Lope VJ Y Peoples Y Schroed NO Burling NO Eddingt Y Hevesi Y Lupardo Y Peralta Y Scozzaf Y Butler NO Englebr Y Hikind Y Magee Y Perry Y Seminer NO Cahill Y Errigo NO Hooper Y Magnare Y Pheffer Y Spano Y</pre>
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<h3>A04867 Memo:</h3>
<pre>BILL NUMBER:A4867B TITLE OF BILL: An act to amend the public health law and the general business law, in relation to medical use of marihuana; and providing for the repeal of certain provisions upon expiration thereof PURPOSE OR GENERAL IDEA OF BILL: Allows patient to use marihuana to treat a serious illness under medical supervision. SUMMARY OF SPECIFIC PROVISIONS: Section 1. Legislative findings and intent Section 2. Amends Public Health Law Article 33 by adding a new Title V-A, Medical Use of Marihuana. New S3360 defines certified medical use, certified patient, certif- ication, designated caregiver, public place, serious condition, medical marihuana, registry application, registry identification card, and usable marihuana. A serious condition is defined as a severe debilitat- ing or life-threatening condition or a condition associated with or a complication of such a condition, or its treatment. New S3361 allows a licensed practitioner (the defined term in the Public Health Law for people who may prescribe controlled substances) to certi- fy that a patient has a life-threatening condition that in the practi- tioner`s judgment can and should be treated with the medical use of marihuana, and that other drugs or treatments would not be as effective or that the effectiveness of the other drug or treatment requires adjunctive treatment with medical marihuana. A copy of the certification will be placed in the patient`s medical records and the patient will get the original. A prescriber is not allowed to certify medical marijuana for himself or herself. A certification will be valid for a maximum of one year from the date it is written. New S3362 allows the possession of up to two and one half ounces of marihuana, and up to 12 plants, by a certified patient or designated caregiver, in possession of a valid registry identification card, for medical use. It would allow medical marihuana to be given or disposed of to a certified patient only when nothing of value is exchanged. Use of medical marihuana is not allowed in a public place. New S3363 directs the department of health to begin issuing provides for registry identification cards issued by the Dept. of Health to certified patients and designated caregivers and details the information to be included on the registry identification card. It allows the department to create a registry application, and directs what information shall be collected as part of the application process. It makes special provisions for certified patients under the age of eighteen and states that no individual shall be a certified caregiver if they are under the age of 21 unless a sufficient showing is made to the department that the person should be allowed to serve as a designated caregiver. States that the department shall issue registry identification cards within thirty days and that upon receipt of an application, the department shall send a letter acknowledging receipt of the application that will serve with the written certification as a valid registry identification card for no more than 30 days. New S3364 creates registered organizations as a pharmacy; a facility licensed under article 28 of this chapter; a not-for-profit corporation organized for the purpose of acquiring, possessing, manufacturing, sell- ing, delivering, transporting or distributing marihuana for certified medical use; the department; a local health department; or a registered producer, which shall be a person or entity, with appropriate expertise in agriculture, registered for the purpose of manufacturing and selling, delivering or transporting it to another registered organization. Estab- lishes that it is lawful for a registered organization to acquire, possess, manufacture, sell, deliver, transport, or distribute marihuana for the purposes of this title. New S3365 establishes guidelines for the registering of registered organizations. Notes that applications shall be valid for a period of two years. Allows the department to suspend or terminate and registra- tion on grounds, and using procedures under this article relating to a license, to the extent consistent with this title. New S3366 requires registered organizations to report to the commission- er all sales, deliveries or distributions of medical marihuana to certi- fied patients or designated caregivers during a particular period. New S3367 requires the commissioner to apply to the United States government for permission to implement sections 3364, 3365 and 3366 of this title and states that these sections shall not go into effect unless and until there is a receipt of permission from the federal government advising the department that the implementation of these rules will be allowable under federal law; or a change in federal law permits such sections to be implemented without any violation of federal law. Notes that upon implementation of sections 3364, 3365 and 3366, “medical marihuana” may only be manufactured or sold by a registered organization. New S3368 directs the Health Department to contract with a third party to conduct an evaluation that will include, but not be limited to, an analysis of the practical operation of this act, the clinical value of medical use of marijuana under this act, and the effect (if any) on illegal use of controlled substances. New S3369.applies other provisions of Article 33 to this title. Where a provision of this title conflicts with another provision of Article 33, this title applies. The bill does not require any public or private health plan to cover medical marihuana. Re-states the rule that reason- able good-faith actions in compliance with this title, absent some other element, would not subject a person or entity to criminal or civil liability or professional discipline. Section 3 of the bill amends Section 853-g of the General Business Law to allow for the sale, furnishing and possession of materials used in the lawful administration of medical marihuana to a certified ultimate user. JUSTIFICATION: Thousands of New Yorkers have serious medical conditions that may benefit from medical use of marijuana. The National Academy of Sciences` Institute of Medicine concluded in a 1999 report that “nausea, appetite loss, pain and anxiety. . .all can be mitigated by marijuana.” Doctors and patients have documented that marijuana can be an effective treatment - where other medications have failed - for at least some patients who suffer from HIV/AIDS, cancer, epilepsy, multiple sclerosis, and other life-threatening or debilitating conditions. Although other drugs are more effective than marijuana for some patients, the Institute of Medicine noted that “there will likely always be a sub-population of patients who do not respond well to other medications.” Medical marihua- na must be available to those patients. The active ingredient in marijuana, THC, has been approved for medical use by the Federal Food and Drug Administration and the Drug Enforcement Agency since 1986 in synthetic pill form. But consuming it in natural form - which many physicians say is more effective - continues to be illegal. In an editorial in the January 30, 1997 New England Journal of Medicine, Dr. Jerome P. Kassirer, editor of the Journal, explained that inhaling THC is more effective than taking the synthetic pill: “smoking marijuana produces a rapid increase in the blood level of the active ingredients and is thus more likely to be therapeutic.” It also enables tighter control of the amount ingested. According to the Institute of Medicine, “it is well recognized that (the) oral route of administration hampers its effectiveness because of slow absorption and patients` desire for more control over dosing.” Legalizing the medical use of effective medicine does not undermine the message that non-medical use of illegal drugs is wrong. Robert Shear, who has 32 years experience in alcohol and drug addiction services and was Director of the NYS Division of Alcoholism and Alcohol Abuse for 4 years made this point several times during his testimony at a public hearing on this issue in December 2002, supporting medical marihuana legislation. Many controlled substances that are legal for medical use (such as morphine, Valium and steroids) are otherwise illegal. In the same New England Journal of Medicine editorial, Dr. Kassirer argued that “it is also hypocritical to forbid physicians to prescribe marijuana while permitting them to use morphine and meperidine to relive extreme dyspnea and pain.” The bill`s provisions are consistent with other state laws relating to the medical use of marihuana, and is most closely related to Rhode Island`s law, which passed after the June, 2005 Supreme Court decision. The bill amends the Public Health Law rather than the Penal Law because the Penal Law`s controlled substances provisions all relate back to the Public Health Law. Thus, all the acts that the bill makes lawful under the Public Health Law would, by definition, be legal under the Penal Law. PRIOR LEGISLATIVE HISTORY: 1997-98 : A.6407 - referred to Health 1999- 00: A.8082 - referred to Health 2001-02: A.5878 - referred to Health 2003: A.5796 - reported to Rules 2004: A.57960-A - reported to Rules 2005-06: A.8265 - reported to Rules FISCAL IMPLICATIONS: Minimal administrative expenses, largely covered by registration fees. EFFECTIVE DATE: Immediately. Regulations and forms to be issued within 180 days. Sunsets December 31 of the fourth year after it becomes law.</pre>
