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Becoming a Medical Marijuana Patient in New York

David Bowman

New Member
Summary
  • Must be diagnosed with a qualifying condition
  • Must be under the continuing care of recommending health care practitioner
  • Must be registered with the Department of Health
  • Must pay a $50 application fee, which may be waived in cases of financial hardship
  • Must carry registry ID card at all times when cannabis is in patient's possession
  • Must not consume or cultivate medical cannabis in a public place
  • Must not obtain or possess cannabis in excess of amounts specified by health care practitioner
  • Must not knowingly share, sell, trade or otherwise deliver medical cannabis to anyone who is not a registered patient
What's Legal
Much of what will be legal for patients under the NY law will be determined through the regulatory process. Qualified patients and their designated caregivers who are enrolled in the program may possess up to a 30-day supply of medicine. However; the law does not specify what constitutes a 30-day supply. Instead, the patient's physician will make a determination on the amount of medicine the patient needs for a 30-day supply based upon recommendations provided through by the Commissioner the regulations. Patients may also be limited in the form of medical cannabis that they can acquire and use based on their physician's determination; however, physicians are not required to specify the form.

Eligible Conditions
  • Cancer
  • Positive Status for HIV or AIDS
  • Amyotrophic Lateral Sclerosis (ALS or Lou Gehrig's Disease)
  • Parkinson's Disease
  • Multiple Sclerosis
  • Spinal Cord Injuries
  • Epilepsy
  • Inflammatory Bowel Disease
  • Neuropathy
  • Huntington's Disease
  • Cachexia or Wasting Syndrome
  • Severe or Chronic Pain
  • Severe Nausea
  • Severe or Persistent Muscle Spasms
  • Any other medical condition added by the Commissioner
Application Process
The state Department of Health is tasked with regulating medical cannabis in New York, including issuance of Patient and Caregiver Registry ID Cards, registration of dispensaries and reporting by health care practitioners. Due to the recent passage of the measure, New York's program is still under development. This section will be updated with current links once the DOH has its program up and running. Forms will most likely be located here: Forms - New York State Department of Health

Doctor
Initially, only physicians will be eligible to make written certifications for medical marijuana under New York, but the Commissioner has the authority to expand the program to nurse practitioners. Physicians must: (I) be licensed to practice medicine in the State of New York; (2) be trained or have expertise to treat the an eligible condition; (3) complete a 2-4 hour training course approved by the Commissioner; and (4) register with the Department.

Physicians in New York must include dosage and 30-day supply information in their written certification. Physician written certifications are valid for one-year, except there is no expiration date for a written certification when the physician has determined that the patient has a terminal condition and is expected to die in less than 12 months.

Access/Caregivers
Patients and their designated caregivers can only access medicine by purchasing it from a dispensary location of registered organization. The Department can license up to 5 registered organizations in the state, and each organization can have up to 4 dispensary locations, for a maximum total of 20 dispensaries. Patients and their caregivers may only purchase a 30-day supply's worth of medicine. Dispensaries will keep track of how much medicine a patient or their caregiver has purchased to make sure they do not purchase or possess more than the state limit.

Consumption
Patients may not consume their medicine in a "public place." The definition for "public place" will be determined by the Commissioner through rulemaking.

Age Limits
The law allows patients of any age to be enrolled in the program; however, a patient under the age of 18 must have their application filled out by their parent or legal guardian, and a parent or legal guardian must be agree to serve as the minor-patient's designated caregiver.

Confidentiality
The law requires that the patient registry must be kept confidential. However, the Department can share patient or caregiver registry information with law enforcement is their is a violation or suspected violation of the rules of the program by the patient or caregiver in question.

Housing
Being a registered patient is considered a disability for housing discrimination purposes, which means that landlords may not discriminate against patients based upon their participation in the program.

Employment
Similarly, being a registered patient is considered a disability for employment discrimination purposes, which means that employers may not discriminate against patients based upon their participation in the program.

Insurance
Insurance is not required to pay for medical marijuana therapy in New York.

Out of State Patients
Out of state patients are not given any legal protections under New York law.

Source: ASA: Becoming a Patient in New York
 

dean47

Member
So...it's November 4. Cuomo still hasn't signed the emergency care provision that was passed 4 months ago.

I have metastatic prostate cancer (stage 4). I can get no answers. I can only risk my freedom to get the only medicine that helps me.

There is no list of doctors available at this time. My doctor hasn't got a clue of how to be (ridiculously) certified.

My governor and representatives would have no problem incarcerating me but have no interest in medical treatment.
 

Lynch

New Member
Patients finding it difficult to find medical cannabis recommendation | WBNG-TV: News, Sports and Weather Binghamton, New York | Local



There is no way for p[atients to access what drs in NY have taken the 4 hour course. NO Drs in Binghamton NY are willing to assist in any way. A 15 year employee for UHS told me that the drs will never help in this because they "don't believe in it". UHS runs 2 of the 3 hospitals here and the other hospitla is Lourdes which also will not assist because.

In short- it was made legal on paper to shut up the nation about why there was no mmj in NY. So Cuomo and Hilary Clinton who are big pharma backed, passed this on paper, made allowance for 20 dispensaries for the over 20 million people in NY. They have made it inaccessible and several times more expensive that other states- meaning a 30-35 dollar catridge from CA will cost 90 dollars and up in NY if you can get a card- which you cannot in Broome County because no drs here are assisting in this process.

The idea is- make the rest of the country hush up for the election and make it so 99.9% of those who need it cannot get it. I have had friends congratualting me on finally having access to a treatment that works for Reflex Sympathetic Dystrophy and Chronic Migraine when this is not reality. I cannot get legal mmj in NY.
 

dean47

Member
Unfortunately, medical marijuana in New York is a total scam. You have to pay the doctor $400.00 to get the card and then an additional $150 every 6 months for the first year. All you can get are tinctures, capsules and oils for vaporization. All products are super purified with all the terpenes removed. The product is kind of crappy. There's no provision for actual unprocessed cannabis nor does the law allow cultivation.

The cost for these products is double the price of black market vape cartridges

You have to remember that under Cuomo's watch as State Attorney General many people were incarcerated for marijuana possession. Now he's just a corporate shill.

Personally I'm not holding my breath for legalization in New York State even though Massachusetts, Connecticut, Vermont, Maine and New Jersey have all either legalized or have much better medical marijuana laws.
 
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