Title PBH, Public Health

§ 3327. Procedure. 1. A license or amendment to a license shall be issued or refused by the department within ninety days from the date of filing of a completed application. 2. Within thirty days of notification of such refusal, the applicant may either submit additional materia…

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

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

§ 3330. Schedule I substances. No prescription may be made or filled for any controlled substance in schedule I nor may such substance be possessed, distributed, dispensed or administered except pursuant to title III of this article.

§ 3331. Scheduled substances administering and dispensing by practitioners. 1. Except as provided in titles III or V of this article, no substance in schedules II, III, IV, or V may be prescribed for or dispensed or administered to a person with substance use disorder or habitua…

§ 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 other controlled substances. 1. In an emergency situation, as defined by rule or regulation of the department, a practitioner may orally prescribe and a pharmacist may dispense to an ultimate user controlled …

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

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

§ 3338. Official New York state prescription forms. 1. Official New York state prescription forms shall be prepared and issued by the department in the manner and detail as the commissioner in consultation with the commissioner of education may, by regulation, require, and, each…

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

§ 3341. Institutional dispensers certificates of approval. 1. No institutional dispenser as herein before defined, shall receive, possess or cause controlled substances to be administered or dispensed without first having been issued a certificate of approval authorizing such ac…

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

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

§ 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 department shall oversee a program for the safe disposal of unused controlled substances by consumers in accordance with federal law and article two-B of this chapter. Individual members of the public shall be autho…

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

§ 3350. Dispensing prohibition. Controlled substances may not be prescribed for, or administered or dispensed to persons with substance use disorder or habitual users of controlled substances, except as provided by this title or title III.

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

§ 3352. Reports and records. Persons certified pursuant to article thirty-two of the mental hygiene law to operate methadone maintenance treatment programs shall keep records showing the receipt, administration, dispensing, or destruction of all controlled substances and documen…

* § 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, delivery, transfer, transportation, or administration of medical marihuana by a certified patient or designated caregiver possessing a valid registry identification card, for certified medical use, shall be lawfu…

* § 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 be a for-profit business entity or not-for-profit corporation organized for the purpose of acquiring, possessing, manufacturing, selling, delivering, transporting, distributing or dispensing marihuana for cer…

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

* § 3365-a. Expedited registration of registered organizations. 1. There is hereby established in the department an emergency medical marihuana access program (referred to in this section as the "program") under this section. The purpose of the program is to expedite the availab…

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

* § 3367. Evaluation; research programs; report by department. 1. The commissioner may provide for the analysis and evaluation of the operation of this title. The commissioner may enter into agreements with one or more persons, not-for-profit corporations or other organizations,…

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

* § 3369. Protections for the medical use of marihuana. 1. Certified patients, designated caregivers, practitioners, registered organizations and the employees of registered organizations shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right …

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

* § 3369-b. Effective date. Registry identification cards or registered organization registrations shall be issued or become effective no later than eighteen months from signing or until such time as the commissioner and the superintendent of state police certify that this title…

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

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

* § 3369-e. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to…

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

§ 3371. Confidentiality of certain records, reports, and information. 1. No person, who has knowledge by virtue of his or her office of the identity of a particular patient or research subject, a manufacturing process, a trade secret or a formula shall disclose such knowledge, o…

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

§ 3373. Confidential communications. For the purposes of duties arising out of this article, no communication made to a practitioner shall be deemed confidential within the meaning of the civil practice law and rules relating to confidential communications between such practitio…

§ 3374. Notification by licensee. Persons licensed or certified pursuant to this article shall be under a continuing duty to promptly notify the department of: 1. Each incident or alleged incident of theft, loss or possible diversion of controlled substances manufactured, ordere…

§ 3380. Inhalation of certain toxic vapors or fumes, and certain hazardous inhalants; sale of glue and hazardous inhalants in certain cases. 1. (a) As used in this section the phrase "glue containing a solvent having the property of releasing toxic vapors or fumes" shall mean an…

§ 3381. Sale and possession of hypodermic syringes and hypodermic needles. 1. It shall be unlawful for any person to sell or furnish to another person or persons, a hypodermic syringe or hypodermic needle except: (a) pursuant to a prescription of a practitioner, which for the pu…

§ 3381-a. Destruction of hypodermic syringes and needles. All hypodermic syringes, needles and disposable hypodermic units which are no longer usable or required shall be crushed, broken or otherwise rendered inoperable in the process of disposal. The department may specify proc…

§ 3383. Imitation controlled substances. 1. For purposes of this section, the following terms shall have the following meanings: a. "Manufacture" means the production, preparation, compounding, tableting, processing, encapsulating, packaging, repackaging, labeling or relabeling …

§ 3384. Information program for retailers. The department shall develop and maintain a program to inform retailers about the methamphetamine problem in New York state.

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

§ 3385-a. Access to criminal history information. Upon such terms and conditions as the commissioner of the division of criminal justice services agrees, authorized employees of the department's bureau of narcotic enforcement, designated by the commissioner pursuant to subdivisi…

§ 3387. Seizure and forfeiture of controlled substances, imitation controlled substances and official New York state prescription forms; disposition. 1. Any controlled substance or imitation controlled substance which has been manufactured, distributed, dispensed or acquired in …