Title PBH, Public Health

§ 3327. Procedure. 1. A license or amendment to a license shall be\nissued or refused by the department within ninety days from the date of\nfiling of a completed application.\n 2. Within thirty days of notification of such refusal, the applicant\nmay either submit additional ma…

§ 3328. Exemptions from title. The following persons engaging in the\nfollowing activities shall be exempt from the provisions of this title:\n 1. A practitioner lawfully administering, dispensing, or prescribing a\ncontrolled substance in the course of his professional practice…

§ 3329. Reports and records. 1. Persons licensed under this title\nshall keep records showing the receipt, administration, dispensing, or\ndestruction of all controlled substances and maintain the records in\nsuch manner and detail as the commissioner, by regulation, shall\nrequ…

§ 3330. Schedule I substances. No prescription may be made or filled\nfor any controlled substance in schedule I nor may such substance be\npossessed, distributed, dispensed or administered except pursuant to\ntitle III of this article.\n

§ 3331. Scheduled substances administering and dispensing by\npractitioners. 1. Except as provided in titles III or V of this article,\nno substance in schedules II, III, IV, or V may be prescribed for or\ndispensed or administered to a person with substance use disorder or\nhab…

§ 3332. Making of official New York state prescriptions or electronic\nprescriptions for scheduled substances. 1. No controlled substance may\nbe prescribed by a practitioner except on an official New York state\nprescription or on an electronic prescription, and in good faith a…

§ 3333. Dispensing upon official New York state prescription or\nelectronic prescription. 1. A licensed pharmacist may, in good faith and\nin the course of his or her professional practice, sell and dispense to\nan ultimate user controlled substances only upon the delivery of an…

§ 3334. Emergency oral prescriptions for schedule II drugs and certain\nother controlled substances. 1. In an emergency situation, as defined by\nrule or regulation of the department, a practitioner may orally\nprescribe and a pharmacist may dispense to an ultimate user controll…

§ 3335. Dispensing by online dispensers of controlled substances. A\ncontrolled substance may be sold, delivered, or dispensed by means of\nthe internet but only in accordance with this article. An online\ndispenser shall file with the department by electronic means information\…

§ 3337. Oral prescriptions schedule III, IV and V substances. 1.\nExcept as provided in section thirty-three hundred thirty-four of this\ntitle, a practitioner may orally prescribe and a pharmacist may dispense\nto an ultimate user controlled substances in schedules III, IV or V…

§ 3338. Official New York state prescription forms. 1. Official New\nYork state prescription forms shall be prepared and issued by the\ndepartment in the manner and detail as the commissioner in consultation\nwith the commissioner of education may, by regulation, require, and,\n…

§ 3339. Refilling of prescriptions for controlled substances. 1.\nPrescriptions for a schedule II controlled substance and those schedule\nIII or schedule IV controlled substances which the commissioner may\nrequire by regulation may not be refilled.\n 2. A prescription, except …

§ 3341. Institutional dispensers certificates of approval. 1. No\ninstitutional dispenser as herein before defined, shall receive, possess\nor cause controlled substances to be administered or dispensed without\nfirst having been issued a certificate of approval authorizing such…

§ 3342. Dispensing and administering by institutional dispensers. 1.\nAn institutional dispenser may cause controlled substances to be\nadministered or dispensed for use on its premises or for the immediate\ncare or treatment of a patient lawfully being transferred in an\nemerge…

§ 3343. Reports and records. 1. Prescriptions and copies of\nprescriptions shall be preserved in the following manner:\n (a) dispensing practitioners filing information electronically\npursuant to subdivision six of section thirty-three hundred thirty-one\nof this article, shall…

§ 3343-a. Prescription monitoring program registry. 1. Establishment\nof system. (a) The commissioner shall, in accordance with the provisions\nof this section, establish and maintain an electronic system for\ncollecting, monitoring and reporting information concerning the\npres…

§ 3343-b. Safe disposal of unused controlled substances. 1. The\ndepartment shall oversee a program for the safe disposal of unused\ncontrolled substances by consumers in accordance with federal law and\narticle two-B of this chapter. Individual members of the public shall be\na…

§ 3345. Possession of controlled substances by ultimate users original\ncontainer. Except for the purpose of current use by the person or\nanimal for whom such substance was prescribed or dispensed, it shall be\nunlawful for an ultimate user of controlled substances to possess s…

§ 3350. Dispensing prohibition. Controlled substances may not be\nprescribed for, or administered or dispensed to persons with substance\nuse disorder or habitual users of controlled substances, except as\nprovided by this title or title III.\n

§ 3351. Dispensing for medical use. 1. Controlled substances may be\nprescribed for, or administered or dispensed to a person with substance\nuse disorder or habitual user:\n (a) during emergency medical treatment unrelated to abuse of\ncontrolled substances;\n (b) who is a bona…

§ 3352. Reports and records. Persons certified pursuant to article\nthirty-two of the mental hygiene law to operate methadone maintenance\ntreatment programs shall keep records showing the receipt,\nadministration, dispensing, or destruction of all controlled substances\nand doc…

* § 3360. Definitions. As used in this title, the following terms\nshall have the following meanings, unless the context clearly requires\notherwise:\n 1. "Certified medical use" means the acquisition, possession, use, or,\ntransportation of medical marihuana by a certified pati…

* § 3361. Certification of patients. 1. A patient certification may\nonly be issued if: (a) a practitioner has been registered with the\ndepartment to issue a certification as determined by the commissioner;\n(b) the patient has a serious condition, which shall be specified in t…

* § 3362. Lawful medical use. 1. The possession, acquisition, use,\ndelivery, transfer, transportation, or administration of medical\nmarihuana by a certified patient or designated caregiver possessing a\nvalid registry identification card, for certified medical use, shall be\nl…

* § 3363. Registry identification cards. 1. Upon approval of the\ncertification, the department shall issue registry identification cards\nfor certified patients and designated caregivers. A registry\nidentification card shall expire as provided in section thirty-three\nhundred …

* § 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\…

* § 3365. Registering of registered organizations. 1. Application for\ninitial registration. (a) An applicant for registration as a registered\norganization under section thirty-three hundred sixty-four of this title\nshall include such information prepared in such manner and de…

* § 3365-a. Expedited registration of registered organizations. 1.\nThere is hereby established in the department an emergency medical\nmarihuana access program (referred to in this section as the "program")\nunder this section. The purpose of the program is to expedite the\nava…

* § 3366. Reports by registered organizations. 1. The commissioner\nshall, by regulation, require each registered organization to file\nreports by the registered organization during a particular period. The\ncommissioner shall determine the information to be reported and the\nfo…

* § 3367. Evaluation; research programs; report by department. 1. The\ncommissioner may provide for the analysis and evaluation of the\noperation of this title. The commissioner may enter into agreements with\none or more persons, not-for-profit corporations or other organizatio…

* § 3368. Relation to other laws. 1. (a) The provisions of this\narticle shall apply to this title, except that where a provision of this\ntitle conflicts with another provision of this article, this title shall\napply.\n (b) Medical marihuana shall not be deemed to be a "drug" …

* § 3369. Protections for the medical use of marihuana. 1. Certified\npatients, designated caregivers, practitioners, registered organizations\nand the employees of registered organizations shall not be subject to\narrest, prosecution, or penalty in any manner, or denied any rig…

* § 3369-a. Regulations. The commissioner shall make regulations to\nimplement this title.\n * NB Repealed July 5, 2028 and Repealed 6 months after the full\ncannabis control board created by Article 2 of the cannabis law has been\nappointed\n

* § 3369-b. Effective date. Registry identification cards or\nregistered organization registrations shall be issued or become\neffective no later than eighteen months from signing or until such time\nas the commissioner and the superintendent of state police certify that\nthis t…

* § 3369-c. Suspend; terminate. Based upon the recommendation of the\ncommissioner and/or the superintendent of state police that there is a\nrisk to the public health or safety, the governor may immediately\nterminate all licenses issued to registered organizations.\n * NB Repe…

* § 3369-d. Pricing. 1. Every sale of medical marihuana shall be at\nthe price determined by the commissioner. Every charge made or demanded\nfor medical marihuana not in accordance with the price determined by the\ncommissioner, is prohibited.\n 2. The commissioner is hereby au…

* § 3369-e. Severability. If any clause, sentence, paragraph, section\nor part of this act shall be adjudged by any court of competent\njurisdiction to be invalid, the judgment shall not affect, impair, or\ninvalidate the remainder thereof, but shall be confined in its operation…

§ 3370. Preserving and inspection of records. 1. Any record, including\nprescriptions, required to be kept or maintained by this article shall\nbe preserved for a period of at least five years following the date of\nthe event or transaction recorded, unless a shorter period of t…

§ 3371. Confidentiality of certain records, reports, and information.\n1. No person, who has knowledge by virtue of his or her office of the\nidentity of a particular patient or research subject, a manufacturing\nprocess, a trade secret or a formula shall disclose such knowledge…

§ 3371-a. Disclosure of certain records, reports, and information to\nanother state. 1. The commissioner is authorized to disclose records,\nreports and information filed pursuant to sections thirty-three hundred\nthirty-one and thirty-three hundred thirty-three of this article:…

§ 3373. Confidential communications. For the purposes of duties\narising out of this article, no communication made to a practitioner\nshall be deemed confidential within the meaning of the civil practice\nlaw and rules relating to confidential communications between such\npract…

§ 3374. Notification by licensee. Persons licensed or certified\npursuant to this article shall be under a continuing duty to promptly\nnotify the department of:\n 1. Each incident or alleged incident of theft, loss or possible\ndiversion of controlled substances manufactured, o…

§ 3380. Inhalation of certain toxic vapors or fumes, and certain\nhazardous inhalants; sale of glue and hazardous inhalants in certain\ncases. 1. (a) As used in this section the phrase "glue containing a\nsolvent having the property of releasing toxic vapors or fumes" shall\nmea…

§ 3381. Sale and possession of hypodermic syringes and hypodermic\nneedles. 1. It shall be unlawful for any person to sell or furnish to\nanother person or persons, a hypodermic syringe or hypodermic needle\nexcept:\n (a) pursuant to a prescription of a practitioner, which for t…

§ 3381-a. Destruction of hypodermic syringes and needles. All\nhypodermic syringes, needles and disposable hypodermic units which are\nno longer usable or required shall be crushed, broken or otherwise\nrendered inoperable in the process of disposal.\n The department may specify…

§ 3383. Imitation controlled substances. 1. For purposes of this\nsection, the following terms shall have the following meanings:\n a. "Manufacture" means the production, preparation, compounding,\ntableting, processing, encapsulating, packaging, repackaging, labeling\nor relabe…

§ 3384. Information program for retailers. The department shall\ndevelop and maintain a program to inform retailers about the\nmethamphetamine problem in New York state.\n

§ 3385. Enforcement. 1. (a) The department and its representatives\nshall have access during business hours to all orders, prescriptions or\nrecords required to be kept under this article.\n (b) Orders, prescriptions and records required to be kept under this\narticle shall be m…

§ 3385-a. Access to criminal history information. Upon such terms and\nconditions as the commissioner of the division of criminal justice\nservices agrees, authorized employees of the department's bureau of\nnarcotic enforcement, designated by the commissioner pursuant to\nsubdi…

§ 3387. Seizure and forfeiture of controlled substances, imitation\ncontrolled substances and official New York state prescription forms;\ndisposition. 1. Any controlled substance or imitation controlled\nsubstance which has been manufactured, distributed, dispensed or\nacquired…