for the rest, NYS Assembly Medical Marijuana bill
STATE OF NEW YORK
4867
2007-2008 Regular Sessions
IN ASSEMBLY
February 7, 2007
SPONSOR Gottfried
COSPNSR Bradley, Cahill, Clark, Cymbrowitz, Dinowitz, Grannis, Spano,
O`Donnell, Paulin, Peoples, Lifton
MLTSPNSR Alfano, Aubry, Brennan, Calhoun, Galef, Glick, Hikind, Hoyt, Jacobs,
Kirwan, Lopez V, Markey, Mayersohn, McEneny, Miller, Pheffer, Powell,
Pretlow, Rivera N, Robinson, Rosenthal, Scarborough, Scozzafava,
Sweeney, Towns, Weisenberg, Wright
Add Art 33 Title V-A SS3360 - 3365, Pub Health L; amd S853, Gen Bus L
Amends Public Health Law Article 33 by adding a new Title V-A,
Medical Use of Marihuana.
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; further provides for
application to other laws.
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.
The legislature finds that thousands of New Yorkers have serious medical conditions that can be improved by medically-approved use of marihuana. The law should not stand between them and treatment necessary for life and health. This legislation follows the well-established public policy that a controlled substance can have a legitimate medical use. Many controlled substances that are legal for medical use (such as morphine and steroids) are illegal for any other use. The purposes of article 33 of the public health law include allowing legitimate use of controlled substances in health care, including palliative care. This policy and this legislation do not inany way diminish New York state's strong public policy and laws against illegal drug use, nor should it be deemed in any manner to advocate, authorize, promote, or legally or socially accept the use of marhuana for children or adults, for any non-medical use. This legislation is an appropriate exercise of the state's legislative power to protect the health of its people under article 17 of the state constitution and the tenth amendment of the United States constitution. It is the legislative intent that this act be implemented consistently with these findings and principles, through a reasonable and workable system with appropriate oversight, evaluation and continuing research.


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