* § 3364. Registered organizations. 1. A registered organization shall\nbe a for-profit business entity or not-for-profit corporation organized\nfor the purpose of acquiring, possessing, manufacturing, selling,\ndelivering, transporting, distributing or dispensing marihuana for\ncertified medical use.\n 2. The acquiring, possession, manufacture, sale, delivery,\ntransporting, distributing or dispensing of marihuana by a registered\norganization under this title in accordance with its registration under\nsection thirty-three hundred sixty-five of this title or a renewal\nthereof shall be lawful under this title.\n 3. Each registered organization shall contract with an independent\nlaboratory to test the medical marihuana produced by the registered\norganization. The commissioner shall approve the laboratory and require\nthat the laboratory report testing results in a manner determined by the\ncommissioner. The commissioner is authorized to issue regulation\nrequiring the laboratory to perform certain tests and services.\n 4. (a) A registered organization may lawfully, in good faith, sell,\ndeliver, distribute or dispense medical marihuana to a certified patient\nor designated caregiver upon presentation to the registered organization\nof a valid registry identification card for that certified patient or\ndesignated caregiver. When presented with the registry identification\ncard, the registered organization shall provide to the certified patient\nor designated caregiver a receipt, which shall state: the name, address,\nand registry identification number of the registered organization; the\nname and registry identification number of the certified patient and the\ndesignated caregiver (if any); the date the marihuana was sold; any\nrecommendation or limitation by the practitioner as to the form or forms\nof medical marihuana or dosage for the certified patient; and the form\nand the quantity of medical marihuana sold. The registered organization\nshall retain a copy of the registry identification card and the receipt\nfor six years.\n (b) The proprietor of a registered organization shall file or cause to\nbe filed any receipt and certification information with the department\nby electronic means on a real time basis as the commissioner shall\nrequire by regulation. When filing receipt and certification information\nelectronically pursuant to this paragraph, the proprietor of the\nregistered organization shall dispose of any electronically recorded\nprescription information in such manner as the commissioner shall by\nregulation require.\n 5. (a) No registered organization may sell, deliver, distribute or\ndispense to any certified patient or designated caregiver a quantity of\nmedical marihuana larger than that individual would be allowed to\npossess under this title.\n (b) When dispensing medical marihuana to a certified patient or\ndesignated caregiver, the registered organization (i) shall not dispense\nan amount greater than a thirty day supply to a certified patient until\nthe certified patient has exhausted all but a seven day supply provided\npursuant to a previously issued certification, and (ii) shall verify the\ninformation in subparagraph (i) of this paragraph by consulting the\nprescription monitoring program registry under section thirty-three\nhundred forty-three-a of this article.\n (c) Medical marihuana dispensed to a certified patient or designated\ncaregiver by a registered organization shall conform to any\nrecommendation or limitation by the practitioner as to the form or forms\nof medical marihuana or dosage for the certified patient.\n 6. When a registered organization sells, delivers, distributes or\ndispenses medical marihuana to a certified patient or designated\ncaregiver, it shall provide to that individual a safety insert, which\nwill be developed and approved by the commissioner and include, but not\nbe limited to, information on:\n (a) methods for administering medical marihuana in individua
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.