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Thursday, June 19, 2014
ENP STAFF REPORTS
news@eastniagarapost.com
ALBANY — New York state will have legal medical marijuana after an agreement was reached today between Gov. Andrew M. Cuomo and Legislative leaders.
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, according to the governor's office.
"This legislation strikes the right balance," Cuomo said via press release. "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."
Senator Diane Savino, one of the bill's primary backers said, “Today marks an historic victory for thousands of New Yorkers who will no longer have to suffer needlessly during their courageous medical battles. Under this bill, New Yorkers will now have the same access to life-changing treatment options that others around the country have had. Today we celebrate this victory with the countless patients, families, advocates, health care professionals and physicians who have all fought passionately for the safe and reliable use of medical marijuana as part of a comprehensive course of treatment for disease and illness.”
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.
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.
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.
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| Gov. Andrew Cuomo |
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, according to the governor's office.
"This legislation strikes the right balance," Cuomo said via press release. "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."
Senator Diane Savino, one of the bill's primary backers said, “Today marks an historic victory for thousands of New Yorkers who will no longer have to suffer needlessly during their courageous medical battles. Under this bill, New Yorkers will now have the same access to life-changing treatment options that others around the country have had. Today we celebrate this victory with the countless patients, families, advocates, health care professionals and physicians who have all fought passionately for the safe and reliable use of medical marijuana as part of a comprehensive course of treatment for disease and illness.”
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.
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.
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.
Click here for all the details.
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