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IN ASSEMBLY
February 7, 2007
___________
Introduced by M. of A. GOTTFRIED, BRADLEY, CAHILL, CLARK, CYMBROWITZ,
DINOWITZ, SPANO, O`DONNELL, PAULIN, PEOPLES, LIFTON -- Multi-Sponsored
by -- M. of A. ALFANO, AUBRY, BRENNAN, BROOK-KRASNY, CALHOUN, GALEF,
GLICK, HIKIND, HOYT, JACOBS, KIRWAN, V. LOPEZ, LUPARDO, MARKEY, MAYER-
SOHN, McENENY, MILLER, PHEFFER, POWELL, PRETLOW, N. RIVERA, ROBINSON,
ROSENTHAL, SCARBOROUGH, SCOZZAFAVA, SWEENEY, TOWNS, WEISENBERG, WRIGHT
-- read once and referred to the Committee on Health -- reported and
referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings and intent. The legislature finds that
2 thousands of New Yorkers have serious medical conditions that can be
3 improved by medically-approved use of marihuana. The law should not
4 stand between them and treatment necessary for life and health. This
5 legislation follows the well-established public policy that a controlled
6 substance can have a legitimate medical use. Many controlled substances
7 that are legal for medical use (such as morphine and steroids) are ille-
8 gal for any other use. The purposes of article 33 of the public health
9 law include allowing legitimate use of controlled substances in health
10 care, including palliative care. This policy and this legislation do not
11 in any way diminish New York state`s strong public policy and laws
12 against illegal drug use, nor should it be deemed in any manner to advo-
13 cate, authorize, promote, or legally or socially accept the use of mari-
14 huana for children or adults, for any non-medical use. This legislation
15 is an appropriate exercise of the state`s legislative power to protect
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD07556-02-7
A. 4867--A 2
1 the health of its people under article 17 of the state constitution and
2 the tenth amendment of the United States constitution.
3 It is the legislative intent that this act be implemented consistently
4 with these findings and principles, through a reasonable and workable
5 system with appropriate oversight, evaluation and continuing research.
6 S 2. Article 33 of the public health law is amended by adding a new
7 title V-A to read as follows:
8 TITLE V-A
9 MEDICAL USE OF MARIHUANA
10 SECTION 3360. DEFINITIONS.
11 3361. CERTIFICATION OF PATIENTS.
12 3362. POSSESSION.
13 3363. REGISTRY IDENTIFICATION CARDS.
14 3364. EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
15 3365. RELATION TO OTHER LAWS.
16 S 3360. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
17 HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
18 WISE:
19 1. "CERTIFIED MEDICAL USE" MEANS THE ACQUISITION, POSSESSION, MANUFAC-
20 TURE, USE, DELIVERY, TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF
21 MEDICAL MARIHUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR USE
22 AS PART OF THE TREATMENT OF THE PATIENT`S SERIOUS CONDITION SPECIFIED IN
23 A CERTIFICATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-ONE OF THIS
24 TITLE, INCLUDING ENABLING THE PATIENT TO TOLERATE TREATMENT FOR THE
25 SERIOUS CONDITION.
26 2. "CERTIFIED PATIENT" MEANS A PATIENT WHO IS CERTIFIED UNDER SECTION
27 THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
28 3. "CERTIFICATION" MEANS A CERTIFICATION, MADE UNDER SECTION
29 THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
30 4. "DESIGNATED CAREGIVER" MEANS THE INDIVIDUAL DESIGNATED BY A CERTI-
31 FIED PATIENT IN A REGISTRY APPLICATION.
32 5. "PUBLIC PLACE" MEANS A PUBLIC PLACE AS DEFINED IN SECTION 240.00 OF
33 THE PENAL LAW, A MOTOR VEHICLE AS DEFINED IN SECTION ONE HUNDRED TWEN-
34 TY-FIVE OF THE VEHICLE AND TRAFFIC LAW, AN AIRCRAFT AS DEFINED IN
35 SECTION TWO HUNDRED FORTY OF THE GENERAL BUSINESS LAW OR A VESSEL AS
36 DEFINED IN SECTION TWO OF THE NAVIGATION LAW.
37 6. "SERIOUS CONDITION" MEANS A LIFE-THREATENING CONDITION, OR A CONDI-
38 TION ASSOCIATED WITH OR A COMPLICATION OF SUCH A CONDITION OR ITS TREAT-
39 MENT; SERIOUS CONDITION SHALL ALSO INCLUDE ANY OTHER CONDITION OR ITS
40 TREATMENT, AS DESIGNATED BY THE COMMISSIONER.
41 7. "MEDICAL MARIHUANA" MEANS MARIHUANA AS DEFINED IN SUBDIVISION TWEN-
42 TY-ONE OF SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE ACQUIRED,
43 POSSESSED, MANUFACTURED, USED, DELIVERED, TRANSFERRED, TRANSPORTED, OR
44 ADMINISTERED BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR A CERTI-
45 FIED MEDICAL USE.
46 8. "REGISTRY APPLICATION" MEANS AN APPLICATION PROPERLY COMPLETED AND
47 FILED WITH THE DEPARTMENT BY A CERTIFIED PATIENT UNDER SECTION
48 THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
49 9. "REGISTRY IDENTIFICATION CARD" MEANS A DOCUMENT THAT IDENTIFIES A
50 CERTIFIED PATIENT OR DESIGNATED CAREGIVER, AS PROVIDED UNDER SECTION
51 THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
52 10. "USABLE MARIHUANA" MEANS MARIHUANA CONSISTING OF THE HARVESTED
53 LEAVES AND FLOWERS OF THE PLANT OF THE GENUS CANNABIS, BUT DOES NOT
54 INCLUDE ANY FOOD THAT IS NOT MARIHUANA.
55 S 3361. CERTIFICATION OF PATIENTS. 1. A PRACTITIONER MAY CERTIFY: (A)
56 THAT A PATIENT HAS A SERIOUS CONDITION, WHICH SHALL BE SPECIFIED IN THE
A. 4867--A 3
1 PATIENT`S HEALTH CARE RECORD; (B) THAT THE PATIENT IS UNDER THE PRACTI-
2 TIONER`S CARE FOR THE SERIOUS CONDITION; AND (C) THAT, IN THE PRACTI-
3 TIONER`S PROFESSIONAL JUDGMENT, THE SERIOUS CONDITION CAN AND SHOULD BE
4 TREATED WITH MEDICAL MARIHUANA, AND THAT OTHER DRUGS OR TREATMENTS WOULD
5 NOT BE AS EFFECTIVE.
6 2. THE CERTIFICATION SHALL BE IN WRITING AND INCLUDE (A) THE NAME,
7 DATE OF BIRTH AND ADDRESS OF THE PATIENT; (B) A STATEMENT THAT THE
8 PATIENT HAS A SERIOUS CONDITION; THAT THE PATIENT IS UNDER THE PRACTI-
9 TIONER`S CARE FOR THE SERIOUS CONDITION; THAT, IN THE PRACTITIONER`S
10 PROFESSIONAL JUDGMENT, THE SERIOUS CONDITION CAN AND SHOULD BE TREATED
11 WITH MEDICAL MARIHUANA; AND THAT OTHER DRUGS OR TREATMENTS WOULD NOT BE
12 AS EFFECTIVE; (C) THE DATE; AND (D) THE NAME, ADDRESS, FEDERAL REGISTRA-
13 TION NUMBER, TELEPHONE NUMBER, AND THE HANDWRITTEN SIGNATURE OF THE
14 CERTIFYING PRACTITIONER. THE COMMISSIONER MAY REQUIRE BY REGULATION
15 THAT THE CERTIFICATION SHALL BE ON A FORM PROVIDED BY THE DEPARTMENT.
16 3. THE PRACTITIONER SHALL GIVE THE CERTIFICATION TO THE CERTIFIED
17 PATIENT, AND PLACE A COPY IN THE PATIENT`S HEALTH CARE RECORD.
18 4. NO PRACTITIONER SHALL ISSUE A CERTIFICATION UNDER THIS SECTION FOR
19 HIMSELF OR HERSELF.
20 5. A REGISTRY IDENTIFICATION CARD BASED ON A CERTIFICATION SHALL
21 EXPIRE ONE YEAR AFTER THE DATE THE CERTIFICATION IS SIGNED BY THE PRAC-
22 TITIONER; EXCEPT THAT WHERE A CERTIFIED PATIENT HAS A REGISTRY IDENTIFI-
23 CATION CARD BASED ON A CURRENT VALID CERTIFICATION, A NEW REGISTRY IDEN-
24 TIFICATION CARD BASED ON A NEW CERTIFICATION SHALL EXPIRE ONE YEAR AFTER
25 THE EXPIRATION OF THE REGISTRY IDENTIFICATION CARD BASED ON THE CURRENT
26 VALID CERTIFICATION. HOWEVER, IF THE PRACTITIONER STATES IN THE CERTIF-
27 ICATION THAT HE OR SHE BELIEVES THE PATIENT WOULD BENEFIT FROM MEDICAL
28 MARIHUANA ONLY UNTIL A SPECIFIED EARLIER DATE, THEN THE REGISTRY IDEN-
29 TIFICATION CARD SHALL EXPIRE ON THAT DATE.
30 S 3362. POSSESSION. 1. THE POSSESSION, ACQUISITION, MANUFACTURE, USE,
31 DELIVERY, TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF MEDICAL MARI-
32 HUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER POSSESSING A VALID
33 REGISTRY IDENTIFICATION CARD, FOR CERTIFIED MEDICAL USE, SHALL BE LAWFUL
34 UNDER THIS TITLE; PROVIDED THAT THE MARIHUANA THAT MAY BE POSSESSED DOES
35 NOT EXCEED TWELVE PLANTS AND A TOTAL AGGREGATE WEIGHT OF TWO AND
36 ONE-HALF OUNCES OF USABLE MARIHUANA.
37 2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION: (A) POSSESSION OF
38 MARIHUANA SHALL NOT BE LAWFUL UNDER THIS TITLE IF IT IS CONSUMED OR
39 DISPLAYED IN A PUBLIC PLACE; (B) MEDICAL MARIHUANA MAY NOT BE SMOKED IN
40 ANY PLACE WHERE TOBACCO MAY NOT BE SMOKED UNDER ARTICLE THIRTEEN-E OF
41 THIS CHAPTER; (C) EXCEPT THAT IN A HEALTH CARE FACILITY, MEDICAL MARI-
42 HUANA MAY BE SMOKED BY A PATIENT OF THE FACILITY, SUBJECT TO OTHER
43 PROVISIONS OF THIS TITLE, IN AN AREA, AND UNDER CIRCUMSTANCES, PERMITTED
44 BY THE FACILITY, PROVIDED THAT THE PATIENT DOES NOT SMOKE IN THE PRES-
45 ENCE OF PATIENTS WHO ARE NOT CERTIFIED UNDER THIS TITLE.
46 3. IT SHALL BE LAWFUL UNDER THIS ARTICLE TO GIVE OR DISPOSE OF MARI-
47 HUANA TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR A CERTIFIED
48 MEDICAL USE WHERE NOTHING OF VALUE IS TRANSFERRED IN RETURN, OR TO OFFER
49 TO DO THE SAME.
50 4. NO SCHOOL, EMPLOYER OR LANDLORD SHALL REFUSE TO ENROLL, EMPLOY OR
51 LEASE TO OR OTHERWISE PENALIZE A PERSON SOLELY FOR HIS OR HER STATUS AS
52 A CERTIFIED PATIENT OR DESIGNATED CAREGIVER.
53 S 3363. REGISTRY IDENTIFICATION CARDS. 1. THE DEPARTMENT SHALL ISSUE
54 REGISTRY IDENTIFICATION CARDS FOR CERTIFIED PATIENTS AND DESIGNATED
55 CAREGIVERS. A REGISTRY IDENTIFICATION CARD SHALL EXPIRE AS PROVIDED IN
56 SECTION THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE OR AS OTHERWISE
A. 4867--A 4
1 PROVIDED IN THIS SECTION. THE DEPARTMENT SHALL BEGIN ISSUING REGISTRY
2 IDENTIFICATION CARDS NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE
3 EFFECTIVE DATE OF THIS SECTION. THE DEPARTMENT MAY SPECIFY A FORM FOR A
4 REGISTRY APPLICATION, IN WHICH CASE THE DEPARTMENT SHALL PROVIDE THE
5 FORM ON REQUEST, REPRODUCTIONS OF THE FORM MAY BE USED, AND THE FORM
6 SHALL BE AVAILABLE FOR DOWNLOADING FROM THE DEPARTMENT`S WEBSITE.
7 2. TO OBTAIN OR RENEW A REGISTRY IDENTIFICATION CARD, A CERTIFIED
8 PATIENT SHALL FILE A REGISTRY APPLICATION WITH THE DEPARTMENT. THE
9 REGISTRY APPLICATION OR RENEWAL APPLICATION SHALL INCLUDE:
10 (A) A COPY OF THE PATIENT`S CERTIFICATION (A NEW WRITTEN CERTIFICATION
11 SHALL BE PROVIDED WITH A RENEWAL APPLICATION);
12 (B) (I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT; (II) THE
13 DATE OF THE CERTIFICATION; (III) IF THE PATIENT HAS A REGISTRY IDENTIFI-
14 CATION CARD BASED ON A CURRENT VALID CERTIFICATION, THE REGISTRY IDEN-
15 TIFICATION NUMBER AND EXPIRATION DATE OF THAT REGISTRY IDENTIFICATION
16 CARD; (IV) THE SPECIFIED DATE UNTIL WHICH THE PATIENT WOULD BENEFIT FROM
17 MEDICAL MARIHUANA, IF THE CERTIFICATION STATES SUCH A DATE; (V) THE
18 NAME, ADDRESS, FEDERAL REGISTRATION NUMBER, AND TELEPHONE NUMBER OF THE
19 CERTIFYING PRACTITIONER; AND (VI) OTHER INDIVIDUAL IDENTIFYING INFORMA-
20 TION REQUIRED BY THE DEPARTMENT;
21 (C) IF THE PATIENT DESIGNATES A DESIGNATED CAREGIVER, THE NAME,
22 ADDRESS, AND DATE OF BIRTH OF THE DESIGNATED CAREGIVER, AND OTHER INDI-
23 VIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPARTMENT;
24 (D) A STATEMENT THAT A FALSE STATEMENT MADE IN THE APPLICATION IS
25 PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW;
26 (E) THE DATE OF THE APPLICATION AND THE SIGNATURE OF THE CERTIFIED
27 PATIENT; AND
28 (F) A REASONABLE APPLICATION FEE, AS DETERMINED BY THE DEPARTMENT;
29 PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE THE FEE IN CASES OF
30 FINANCIAL HARDSHIP.
31 3. THE DEPARTMENT SHALL ISSUE SEPARATE REGISTRY IDENTIFICATION CARDS
32 FOR THE CERTIFIED CAREGIVER AND THE DESIGNATED CAREGIVER (IF ONE IS
33 DESIGNATED IN THE REGISTRY APPLICATION) WITHIN THIRTY DAYS OF RECEIVING
34 A COMPLETE APPLICATION UNDER THIS SECTION, UNLESS IT DETERMINES THAT THE
35 APPLICATION IS INCOMPLETE OR FACIALLY INACCURATE, IN WHICH CASE IT SHALL
36 PROMPTLY NOTIFY THE APPLICANT.
37 4. A REGISTRY IDENTIFICATION CARD SHALL CONTAIN:
38 (A) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE CERTIFIED PATIENT AND
39 THE DESIGNATED CAREGIVER (IF ONE IS DESIGNATED IN THE REGISTRY APPLICA-
40 TION);
41 (B) THE DATE OF ISSUANCE AND EXPIRATION DATE OF THE REGISTRY IDENTIFI-
42 CATION CARD; AND
43 (C) A REGISTRY IDENTIFICATION NUMBER FOR THE CERTIFIED PATIENT AND A
44 REGISTRY IDENTIFICATION NUMBER FOR THE DESIGNATED CAREGIVER (IF ONE IS
45 DESIGNATED IN THE REGISTRY APPLICATION).
46 5. WHILE AN APPLICATION FOR A REGISTRY IDENTIFICATION CARD IS PENDING,
47 A COPY OF THE REGISTRY APPLICATION, TOGETHER WITH A COPY OF THE CERTIF-
48 ICATION, SHALL SERVE AS A TEMPORARY REGISTRY IDENTIFICATION CARD,
49 PROVIDED THAT A CERTIFICATION AND APPLICATION SHALL NOT SERVE AS A VALID
50 REGISTRY IDENTIFICATION CARD AFTER THE INITIAL THIRTY DAY PERIOD UNDER
51 SUBDIVISION THREE OF THIS SECTION.
52 6. A REGISTRY IDENTIFICATION CARD, OR ITS EQUIVALENT, ISSUED UNDER THE
53 LAWS OF ANOTHER STATE, UNITED STATES TERRITORY, OR THE DISTRICT OF
54 COLUMBIA TO PERMIT THE MEDICAL USE OF MARIHUANA BY A CERTIFIED PATIENT
55 OR DESIGNATED CAREGIVER SHALL HAVE THE SAME FORCE AND EFFECT AS A REGIS-
56 TRY IDENTIFICATION CARD ISSUED BY THE DEPARTMENT.
A. 4867--A 5
1 7. A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WHO HAS BEEN ISSUED A
2 REGISTRY IDENTIFICATION CARD SHALL NOTIFY THE DEPARTMENT OF ANY CHANGE
3 IN HIS OR HER NAME OR ADDRESS, OR IF HE OR SHE CEASES TO HAVE THE SERI-
4 OUS CONDITION NOTED ON THE CERTIFICATION, WITHIN TEN DAYS OF SUCH
5 CHANGE.
6 8. THE DEPARTMENT SHALL MAINTAIN A CONFIDENTIAL LIST OF THE PERSONS TO
7 WHOM IT HAS ISSUED REGISTRY IDENTIFICATION CARDS. INDIVIDUAL IDENTIFYING
8 INFORMATION OBTAINED BY THE DEPARTMENT UNDER THIS TITLE SHALL BE CONFI-
9 DENTIAL AND EXEMPT FROM DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFI-
10 CERS LAW. NOTWITHSTANDING THIS SUBDIVISION, THE DEPARTMENT MAY NOTIFY
11 ANY APPROPRIATE LAW ENFORCEMENT AGENCY OF INFORMATION RELATING TO ANY
12 VIOLATION OR SUSPECTED VIOLATION OF THIS TITLE.
13 9. THE DEPARTMENT SHALL VERIFY TO LAW ENFORCEMENT PERSONNEL IN AN
14 APPROPRIATE CASE WHETHER A REGISTRY IDENTIFICATION CARD IS VALID.
15 10. IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WILLFULLY VIOLATES
16 ANY PROVISION OF THIS TITLE AS DETERMINED BY THE DEPARTMENT, HIS OR HER
17 REGISTRY IDENTIFICATION CARD MAY BE REVOKED. THIS IS IN ADDITION TO ANY
18 OTHER PENALTY THAT MAY APPLY.
19 11. AT ANY TIME MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE
20 DATE OF THIS TITLE, IF THE DEPARTMENT HAS NOT BEGUN OR CONTINUED TO
21 ISSUE REGISTRY IDENTIFICATION CARDS UNDER THIS SECTION, THEN (A) DURING
22 THAT TIME, REGISTRY APPLICATIONS MAY BE MAILED TO THE COMMISSIONER; AND
23 (B) A COPY OF A REGISTRY APPLICATION, TOGETHER WITH A COPY OF THE
24 CERTIFICATION, SHALL SERVE AS A TEMPORARY REGISTRY IDENTIFICATION CARD
25 UNTIL THIRTY DAYS AFTER THE LATER OF (I) THE DATE THE DEPARTMENT HAS
26 BEGUN OR RESUMED ISSUING REGISTRY IDENTIFICATION CARDS OR (II) THE DATE
27 THE DEPARTMENT RECEIVED THE REGISTRY APPLICATION.
28 S 3364. EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT. 1. THE
29 COMMISSIONER MAY PROVIDE FOR THE ANALYSIS AND EVALUATION OF THE OPERA-
30 TION OF THIS TITLE. THE COMMISSIONER MAY ENTER INTO AGREEMENTS WITH ONE
31 OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS OR OTHER ORGANIZATIONS, FOR
32 THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTATION AND EFFECTIVENESS
33 OF THIS TITLE.
34 2. THE DEPARTMENT MAY DEVELOP, SEEK ANY NECESSARY FEDERAL APPROVAL
35 FOR, AND CARRY OUT RESEARCH PROGRAMS RELATING TO MEDICAL USE OF MARIHUA-
36 NA. PARTICIPATION IN ANY SUCH RESEARCH PROGRAM SHALL BE VOLUNTARY ON
37 THE PART OF PRACTITIONERS, PATIENTS, AND DESIGNATED CAREGIVERS.
38 3. THE DEPARTMENT SHALL REPORT EVERY TWO YEARS, BEGINNING ONE YEAR
39 AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA-
40 TURE ON THE MEDICAL USE OF MARIHUANA UNDER THIS TITLE AND MAKE APPROPRI-
41 ATE RECOMMENDATIONS.
42 S 3365. RELATION TO OTHER LAWS. 1. THE PROVISIONS OF THIS ARTICLE
43 SHALL APPLY TO THIS TITLE, EXCEPT THAT WHERE A PROVISION OF THIS TITLE
44 CONFLICTS WITH ANOTHER PROVISION OF THIS ARTICLE, THIS TITLE SHALL
45 APPLY.
46 2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE OR PROHIBIT AN
47 INSURER OR HEALTH PLAN UNDER THE INSURANCE LAW OR THE PUBLIC HEALTH LAW
48 TO PROVIDE COVERAGE FOR MEDICAL MARIHUANA. NOTHING IN THIS TITLE SHALL
49 BE CONSTRUED TO REQUIRE COVERAGE FOR MEDICAL MARIHUANA UNDER ARTICLE
50 TWENTY-FIVE OF THIS CHAPTER OR ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
51 3. A PERSON OR ENTITY SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL
52 LIABILITY OR PROFESSIONAL DISCIPLINE FOR ACTING REASONABLY AND IN GOOD
53 FAITH PURSUANT TO THIS TITLE.
54 S 3. Section 853 of the general business law is amended by adding a
55 new subdivision 3 to read as follows:
A. 4867--A 6
1 3. THIS ARTICLE SHALL NOT APPLY TO ANY SALE, FURNISHING OR POSSESSION
2 WHICH IS FOR A LAWFUL PURPOSE UNDER TITLE V-A OF ARTICLE THIRTY-THREE OF
3 THE PUBLIC HEALTH LAW.
4 S 4. This act shall take effect January 1, 2009; provided that the
5 department of health shall make regulations and issue forms provided for
6 in this act before such effective date; provided that the provisions of
7 title V-A of article 33 of the public health law, as added by section
8 two of this act, and subdivision 3 of section 853 of the general busi-
9 ness law, as added by section three of this act, shall expire and be
10 deemed repealed on and after the thirty-first of December of the sixth
11 year after this act shall have become a law.