LBD05429-01-3
S. 1682 2
3361. CERTIFICATION OF PATIENTS.
3362. POSSESSION AND SALE.
3363. REGISTERED ORGANIZATIONS.
3364. REGISTERING OF REGISTERED ORGANIZATIONS.
3365. REPORTS BY PRACTITIONERS.
3366. EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
3367. APPLICABILITY OF OTHER PROVISIONS OF THIS ARTICLE.
S 3360. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
WISE:
1. "CAREGIVER" MEANS A PERSON ASSISTING A CERTIFIED PATIENT IN CARE OR
TREATMENT OF A SERIOUS CONDITION WHO IS A HEALTH CARE PROVIDER (INCLUD-
ING AN EMPLOYEE OF A HEALTH CARE PROVIDER) OR A PERSON DESIGNATED IN
WRITING BY THE CERTIFIED PATIENT.
2. "CERTIFIED MEDICAL USE" MEANS THE MEDICAL USE OF MARIHUANA BY A
CERTIFIED PATIENT FOR THE SERIOUS CONDITION SPECIFIED IN A CERTIFICATION
UNDER SECTION THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
3. "CERTIFIED PATIENT" MEANS A PATIENT CERTIFIED UNDER SECTION THIR-
TY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
4. "MEDICAL USE" MEANS USE AS PART OF THE TREATMENT OF A SERIOUS
CONDITION, INCLUDING ENABLING A PATIENT TO TOLERATE TREATMENT FOR A
SERIOUS CONDITION.
5. "PUBLIC PLACE" MEANS A PUBLIC PLACE AS DEFINED IN SECTION 240.00 OF
THE PENAL LAW.
6. "REGISTERED ORGANIZATION" MEANS A REGISTERED ORGANIZATION UNDER
SECTION THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
7. "SERIOUS CONDITION" MEANS A LIFE-THREATENING, DEGENERATIVE OR
PERMANENTLY DISABLING CONDITION, OR A CONDITION ASSOCIATED WITH OR A
COMPLICATION OF SUCH A CONDITION.
S 3361. CERTIFICATION OF PATIENTS. 1. A PRACTITIONER MAY CERTIFY: THAT
A PATIENT HAS A SERIOUS CONDITION, WHICH SHALL BE SPECIFIED IN THE
CERTIFICATION; THAT THE PATIENT IS UNDER THE PRACTITIONER'S CARE FOR THE
SERIOUS CONDITION; AND THAT, IN THE PRACTITIONER'S PROFESSIONAL JUDG-
MENT, THE SERIOUS CONDITION CAN AND SHOULD BE TREATED WITH THE MEDICAL
USE OF MARIHUANA, AND THAT OTHER DRUGS OR TREATMENTS WOULD NOT BE AS
EFFECTIVE.
2. THE CERTIFICATION SHALL BE IN WRITING AND INCLUDE THE DATE; THE
NAME, ADDRESS, FEDERAL REGISTRATION NUMBER, TELEPHONE NUMBER, AND THE
HANDWRITTEN SIGNATURE OF THE CERTIFYING PRACTITIONER; SPECIFIC
DIRECTIONS FOR USE, INCLUDING BUT NOT LIMITED TO, THE DOSAGE AND
FREQUENCY OF DOSAGE AND THE MAXIMUM DAILY DOSAGE; THE NUMBER OF RENEWALS
AUTHORIZED BY THE PRACTITIONER, PROVIDED THAT NO SUCH AUTHORIZATION
SHALL BE EFFECTIVE FOR A PERIOD GREATER THAN SIX MONTHS FROM THE DATE
THE CERTIFICATION IS SIGNED; AND THE NAME AND ADDRESS OF THE PATIENT.
THE COMMISSIONER MAY REQUIRE BY REGULATION THAT THE CERTIFICATION SHALL
BE ON A FORM PROVIDED BY THE DEPARTMENT. THE CERTIFICATION SHALL BE
GIVEN TO THE CERTIFIED PATIENT OR A CAREGIVER FOR THE PATIENT, A COPY
SHALL BE SENT TO THE DEPARTMENT, AND A COPY SHALL BE PLACED IN THE
PATIENT'S HEALTH CARE RECORD.
3. NO CERTIFICATION UNDER THIS SECTION SHALL BE MADE FOR A QUANTITY OF
MARIHUANA THAT WOULD EXCEED A THIRTY DAY SUPPLY IF IT WERE USED IN
ACCORDANCE WITH THE DIRECTIONS FOR USE SPECIFIED ON THE CERTIFICATION.
4. NO PRACTITIONER SHALL ISSUE A CERTIFICATION UNDER THIS SECTION FOR
HIMSELF OR HERSELF.
S 3362. POSSESSION AND SALE. 1. POSSESSION. (A) POSSESSION OR MANUFAC-
TURE OF MARIHUANA SHALL BE LAWFUL UNDER THIS ARTICLE WHERE IT IS:
S. 1682 3
(I) BY A CERTIFIED PATIENT, FOR HIS OR HER CERTIFIED MEDICAL USE; OR
(II) BY A CAREGIVER OF A CERTIFIED PATIENT, FOR THE PURPOSE OF DELIV-
ERING OR ADMINISTERING IT TO THE CERTIFIED PATIENT FOR HIS OR HER CERTI-
FIED MEDICAL USE; OR
(III) BY A REGISTERED ORGANIZATION, FOR THE PURPOSE OF LAWFUL
POSSESSION, SALE, ADMINISTERING, DELIVERING, DISPENSING OR DISTRIBUTING
UNDER THIS TITLE.
(B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, POSSESSION OR
MANUFACTURE OF MARIHUANA SHALL NOT BE LAWFUL UNDER THIS TITLE IF:
(I) IT IS CONSUMED OR DISPLAYED IN A PUBLIC PLACE; OR
(II) IN THE CASE OF POSSESSION OR MANUFACTURE BY A CERTIFIED PATIENT
OR CAREGIVER, THE AGGREGATE WEIGHT OF THE PREPARATION, COMPOUND, MIXTURE
OR SUBSTANCE CONTAINING MARIHUANA IS MORE THAN EIGHT OUNCES, EXCLUDING
THE WEIGHT OF ANY FOOD OTHER THAN MARIHUANA.
2. SALE. IT SHALL BE LAWFUL UNDER THIS ARTICLE TO SELL, ADMINISTER,
DELIVER, DISPENSE, OR DISTRIBUTE MARIHUANA WHERE IT IS:
(A) BY A REGISTERED ORGANIZATION, TO A CERTIFIED PATIENT OR A CAREGIV-
ER OF A CERTIFIED PATIENT, FOR A CERTIFIED MEDICAL USE;
(B) BY ANY FEDERAL, STATE OR LOCAL LAW ENFORCEMENT AGENCY, TO A REGIS-
TERED ORGANIZATION; OR
(C) BY A CAREGIVER OF A CERTIFIED PATIENT, TO THE CERTIFIED PATIENT,
FOR A CERTIFIED MEDICAL USE.
S 3363. REGISTERED ORGANIZATIONS. 1. A REGISTERED ORGANIZATION SHALL
BE:
(A) A NOT-FOR-PROFIT CORPORATION ORGANIZED FOR THE PURPOSE OF LAWFULLY
SELLING, ADMINISTERING, DELIVERING, DISPENSING OR DISTRIBUTING MARIHUA-
NA;
(B) THE DEPARTMENT; OR
(C) A LOCAL HEALTH DEPARTMENT.
2. A REGISTERED ORGANIZATION SHALL NOT POSSESS, SELL, ADMINISTER,
DELIVER, DISPENSE OR DISTRIBUTE MARIHUANA UNDER THIS TITLE, EXCEPT UNDER
A REGISTRATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS
TITLE OR A RENEWAL THEREOF.
3. A REGISTERED ORGANIZATION MAY, IN GOOD FAITH, SELL AND DISPENSE TO
A CERTIFIED PATIENT OR A CAREGIVER OF A CERTIFIED PATIENT MARIHUANA UPON
DELIVERY TO THE REGISTERED ORGANIZATION OF A WRITTEN CERTIFICATION WITH-
IN THIRTY DAYS OF THE DATE THE CERTIFICATION WAS SIGNED BY A PRACTITION-
ER. NO REGISTERED ORGANIZATION MAY SELL OR DISPENSE GREATER THAN A THIR-
TY DAY SUPPLY OF MARIHUANA TO A CERTIFIED PATIENT OR A CAREGIVER OF A
CERTIFIED PATIENT UNLESS AND UNTIL THE PATIENT HAS EXHAUSTED ALL BUT A
SEVEN DAY SUPPLY OF MARIHUANA PROVIDED PURSUANT TO ANY PREVIOUSLY ISSUED
WRITTEN CERTIFICATION.
4. A CERTIFICATION MAY BE RENEWED NOT MORE THAN THE NUMBER OF TIMES
SPECIFICALLY AUTHORIZED BY THE PRACTITIONER UPON THE CERTIFICATION,
PROVIDED, HOWEVER, THAT NO AUTHORIZATION SHALL BE EFFECTIVE FOR A PERIOD
GREATER THAN SIX MONTHS FROM THE DATE THE CERTIFICATION IS SIGNED.
UNLESS AN EARLIER RENEWING IS AUTHORIZED BY THE PRACTITIONER, NO CERTIF-
ICATION MAY BE RENEWED EARLIER THAN SEVEN DAYS PRIOR TO THE DATE THE
PREVIOUSLY DISPENSED SUPPLY WOULD BE EXHAUSTED IF USED IN CONFORMITY
WITH THE DIRECTIONS FOR USE.
5. MARIHUANA MAY BE DISPENSED ONLY IF ENCLOSED IN A SUITABLE CONTAIN-
ER, AND:
(A) AFFIXED TO SUCH CONTAINER IS A LABEL UPON WHICH IS INDELIBLY
TYPED, PRINTED, OR OTHERWISE LEGIBLY WRITTEN THE FOLLOWING:
(I) THE NAME AND ADDRESS OF THE CERTIFIED PATIENT FOR WHOM THE MARI-
HUANA IS INTENDED;
S. 1682 4
(II) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE REGISTERED ORGAN-
IZATION FROM WHICH SUCH MARIHUANA IS DISPENSED;
(III) SPECIFIC DIRECTIONS FOR USE AS STATED ON THE CERTIFICATION;
(IV) THE NAME OF THE PRACTITIONER;
(V) THE LEGEND, PROMINENTLY MARKED OR PRINTED IN EITHER BOLDFACE OR
UPPER CASE LETTERING: "CONTROLLED SUBSTANCE, DANGEROUS UNLESS USED AS
DIRECTED";
(B) THE CONTAINER SHALL BE IDENTIFIED AS MEDICAL MARIHUANA BY EITHER:
(I) AN ORANGE LABEL;
(II) A LABEL OF ANOTHER COLOR OVER WHICH IS SUPERIMPOSED AN ORANGE
TRANSPARENT ADHESIVE TAPE; OR
(III) AN AUXILIARY ORANGE LABEL AFFIXED TO THE FRONT OF THE CONTAINER
AND BEARING THE LEGEND, PROMINENTLY MARKED OR PRINTED "CONTROLLED
SUBSTANCE, DANGEROUS UNLESS USED AS DIRECTED";
(C) ANY LABEL, TRANSPARENCY, OR AUXILIARY LABEL SHALL BE APPLIED IN A
MANNER WHICH WOULD INHIBIT ITS REMOVAL.
6. THE DEPARTMENT MAY SUSPEND OR TERMINATE THE REGISTRATION OF A
REGISTERED ORGANIZATION, ON GROUNDS AND USING PROCEDURES UNDER THIS
ARTICLE RELATING TO A LICENSE, TO THE EXTENT CONSISTENT WITH THIS TITLE.
S 3364. REGISTERING OF REGISTERED ORGANIZATIONS. 1. APPLICATION FOR
INITIAL REGISTRATION. (A) AN APPLICANT FOR REGISTRATION AS A REGISTERED
ORGANIZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-THREE OF THIS
TITLE SHALL FURNISH TO THE DEPARTMENT ANY INFORMATION IT SHALL REASON-
ABLY REQUIRE AND EVIDENCE THAT THE APPLICANT:
(I) AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARACTER;
(II) POSSESSES SUFFICIENT LAND, BUILDINGS AND EQUIPMENT TO PROPERLY
CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICATION;
(III) IS ABLE TO MAINTAIN EFFECTIVE CONTROL AGAINST DIVERSION OF THE
MARIHUANA; AND
(IV) IS ABLE TO COMPLY WITH ALL APPLICABLE STATE LAWS AND REGULATIONS
RELATING TO THE MANUFACTURE OR DISTRIBUTION OF MARIHUANA.
(B) THE APPLICATION SHALL ESTABLISH THE APPLICANT'S STATUS UNDER PARA-
GRAPH (A), (B) OR (C) OF SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED
SIXTY-THREE OF THIS TITLE.
(C) THE APPLICATION SHALL INCLUDE THE NAME, RESIDENCE ADDRESS AND
TITLE OF EACH OF THE OFFICERS AND DIRECTORS AND THE NAME AND RESIDENCE
ADDRESS OF ANY PERSON OR ENTITY THAT IS A MEMBER OF THE APPLICANT. EACH
SUCH PERSON, IF AN INDIVIDUAL, OR LAWFUL REPRESENTATIVE IF A LEGAL ENTI-
TY, SHALL SUBMIT AN AFFIDAVIT WITH THE APPLICATION SETTING FORTH:
(I) ANY POSITION OF MANAGEMENT OR OWNERSHIP DURING THE PRECEDING TEN
YEARS OF A TEN PER CENTUM OR GREATER INTEREST IN ANY OTHER BUSINESS,
LOCATED IN OR OUTSIDE THIS STATE, MANUFACTURING OR DISTRIBUTING DRUGS;
(II) WHETHER SUCH PERSON OR ANY SUCH BUSINESS HAS BEEN CONVICTED,
FINED, CENSURED OR HAD A REGISTRATION SUSPENDED OR REVOKED IN ANY ADMIN-
ISTRATIVE OR JUDICIAL PROCEEDING RELATING TO OR ARISING OUT OF THE MANU-
FACTURE OR DISTRIBUTION OF DRUGS; AND
(III) SUCH OTHER INFORMATION AS THE COMMISSIONER MAY REASONABLY
REQUIRE.
(D) THE APPLICANT SHALL BE UNDER A CONTINUING DUTY TO REPORT TO THE
DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED IN THE APPLI-
CATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUMSTANCE WHICH
IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
2. GRANTING OF REGISTRATION. (A) THE COMMISSIONER SHALL GRANT A REGIS-
TRATION OR AMENDMENT TO A REGISTRATION UNDER THIS SECTION IF HE OR SHE
IS SATISFIED THAT:
S. 1682 5
(I) THE APPLICANT WILL BE ABLE TO MAINTAIN EFFECTIVE CONTROL AGAINST
DIVERSION OF MARIHUANA;
(II) THE APPLICANT WILL BE ABLE TO COMPLY WITH ALL APPLICABLE STATE
LAWS;
(III) THE APPLICANT AND ITS OFFICERS ARE READY, WILLING AND ABLE TO
PROPERLY CARRY ON THE MANUFACTURING OR DISTRIBUTING ACTIVITY FOR WHICH A
REGISTRATION IS SOUGHT;
(IV) THE APPLICANT POSSESSES SUFFICIENT LAND, BUILDINGS AND EQUIPMENT
TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICATION;
(V) IT IS IN THE PUBLIC INTEREST THAT SUCH REGISTRATION BE GRANTED;
AND
(VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
TER.
(B) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT SHOULD BE
ISSUED A REGISTRATION, HE OR SHE SHALL NOTIFY THE APPLICANT IN WRITING
OF THOSE FACTORS UPON WHICH FURTHER EVIDENCE IS REQUIRED. WITHIN THIRTY
DAYS OF THE RECEIPT OF SUCH NOTIFICATION, THE APPLICANT MAY SUBMIT ADDI-
TIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEARING OR BOTH.
3. APPLICATIONS FOR RENEWAL OF REGISTRATIONS. (A) AN APPLICATION FOR
THE RENEWAL OF ANY REGISTRATION ISSUED UNDER THIS TITLE SHALL BE FILED
WITH THE DEPARTMENT NOT MORE THAN SIX MONTHS NOR LESS THAN FOUR MONTHS
PRIOR TO THE EXPIRATION THEREOF.
(B) THE APPLICATION FOR RENEWAL SHALL INCLUDE SUCH INFORMATION
PREPARED IN THE MANNER AND DETAIL AS THE COMMISSIONER MAY REQUIRE,
INCLUDING BUT NOT LIMITED TO:
(I) ANY MATERIAL CHANGE IN THE CIRCUMSTANCES OR FACTORS LISTED IN
SUBDIVISION ONE OF THIS SECTION; AND
(II) EVERY KNOWN CHARGE OR INVESTIGATION, PENDING OR CONCLUDED DURING
THE PERIOD OF THE REGISTRATION, BY ANY GOVERNMENTAL AGENCY WITH RESPECT
TO:
(1) EACH INCIDENT OR ALLEGED INCIDENT INVOLVING THE THEFT, LOSS, OR
POSSIBLE DIVERSION OF MARIHUANA MANUFACTURED OR DISTRIBUTED BY THE
APPLICANT; AND
(2) COMPLIANCE BY THE APPLICANT WITH THE LAWS OF THE STATE WITH
RESPECT TO ANY SUBSTANCE LISTED IN SECTION THIRTY-THREE HUNDRED SIX OF
THIS ARTICLE.
(C) AN APPLICANT FOR RENEWAL SHALL BE UNDER A CONTINUING DUTY TO
REPORT TO THE DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED
IN THE APPLICATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUM-
STANCE WHICH IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
(D) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT IS ENTI-
TLED TO A RENEWAL OF THE REGISTRATION, HE OR SHE SHALL WITHIN FORTY-FIVE
DAYS AFTER THE FILING OF THE APPLICATION SERVE UPON THE APPLICANT OR HIS
OR HER ATTORNEY OF RECORD IN PERSON OR BY REGISTERED OR CERTIFIED MAIL
AN ORDER DIRECTING THE APPLICANT TO SHOW CAUSE WHY HIS OR HER APPLICA-
TION FOR RENEWAL SHOULD NOT BE DENIED. THE ORDER SHALL SPECIFY IN DETAIL
THE RESPECTS IN WHICH THE APPLICANT HAS NOT SATISFIED THE COMMISSIONER
THAT THE REGISTRATION SHOULD BE RENEWED.
(E) WITHIN THIRTY DAYS OF SERVICE OF SUCH ORDER, THE APPLICANT MAY
EITHER SUBMIT ADDITIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEAR-
ING OR BOTH. IF A HEARING IS DEMANDED, THE COMMISSIONER SHALL FIX A DATE
FOR A HEARING NOT SOONER THAN FIFTEEN DAYS NOR LATER THAN THIRTY DAYS
AFTER RECEIPT OF THE DEMAND, UNLESS SUCH TIME LIMITATION IS WAIVED BY
THE APPLICANT.
S. 1682 6
4. GRANTING OF RENEWAL OF REGISTRATIONS. (A) THE COMMISSIONER SHALL
RENEW A REGISTRATION UNLESS HE OR SHE DETERMINES AND FINDS THAT THE
APPLICANT:
(I) IS UNLIKELY TO MAINTAIN OR BE ABLE TO MAINTAIN EFFECTIVE CONTROL
AGAINST DIVERSION; OR
(II) IS UNLIKELY TO COMPLY WITH ALL STATE LAWS APPLICABLE TO THE MANU-
FACTURE OR DISTRIBUTION OF MARIHUANA.
(B) FOR PURPOSES OF THIS SECTION, PROOF THAT A REGISTERED ORGANIZA-
TION, DURING THE PERIOD OF ITS REGISTRATION, HAS FAILED TO MAINTAIN
EFFECTIVE CONTROL AGAINST DIVERSION OR HAS KNOWINGLY OR NEGLIGENTLY
FAILED TO COMPLY WITH APPLICABLE STATE LAWS RELATING TO THE MANUFACTURE
OR DISTRIBUTION OF MARIHUANA, SHALL CONSTITUTE SUBSTANTIAL EVIDENCE THAT
THE APPLICANT WILL BE UNLIKELY TO MAINTAIN EFFECTIVE CONTROL AGAINST
DIVERSION OR WILL BE UNLIKELY TO COMPLY WITH THE APPLICABLE STATE STAT-
UTES DURING THE PERIOD OF PROPOSED RENEWAL.
S 3365. REPORTS BY PRACTITIONERS. THE DEPARTMENT SHALL, BY REGULATION,
REQUIRE EACH PRACTITIONER WHO MAKES A CERTIFICATION UNDER THIS TITLE TO
FILE REPORTS OF EACH CERTIFICATION, ON FORMS PROVIDED BY THE DEPARTMENT,
INCLUDING AN INITIAL REPORT AND PERIODIC FOLLOW-UP REPORTS NOT MORE
FREQUENTLY THAN EVERY NINETY DAYS, COVERING THE EFFECTIVE PERIOD OF THE
CERTIFICATION. EACH REPORT SHALL INCLUDE THE DATE, EFFECTIVE PERIOD, AND
SPECIFIED CONDITION OF THE CERTIFICATION, THE NAME AND ADDRESS OF THE
CERTIFYING PRACTITIONER, AND THE NAME AND ADDRESS OF THE PATIENT. EACH
FOLLOW-UP REPORT SHALL INCLUDE A BRIEF STATEMENT OF THE LEVEL AND
PATTERN OF MARIHUANA USE BY THE PATIENT AND THE EFFECTIVENESS OF THE
MEDICAL USE OF MARIHUANA FOR THE PATIENT.
S 3366. EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT. 1. THE
DEPARTMENT MAY PROVIDE FOR THE ANALYSIS AND EVALUATION OF REPORTS FILED
BY PRACTITIONERS AND REGISTERED ORGANIZATIONS UNDER THIS TITLE.
2. THE DEPARTMENT MAY DEVELOP, SEEK ANY NECESSARY FEDERAL APPROVAL
FOR, AND CARRY OUT RESEARCH PROGRAMS RELATING TO MEDICAL USE OF MARIHUA-
NA. PARTICIPATION IN ANY SUCH RESEARCH PROGRAM SHALL BE VOLUNTARY ON THE
PART OF PRACTITIONERS, PATIENTS, AND REGISTERED ORGANIZATIONS.
3. THE DEPARTMENT SHALL REPORT EVERY TWO YEARS, BEGINNING ONE YEAR
AFTER THIS TITLE BECOMES A LAW, TO THE GOVERNOR AND THE LEGISLATURE ON
THE MEDICAL USE OF MARIHUANA UNDER THIS TITLE AND MAKE APPROPRIATE
RECOMMENDATIONS.
S 3367. APPLICABILITY OF OTHER PROVISIONS OF THIS ARTICLE. THE
PROVISIONS OF THIS ARTICLE SHALL APPLY TO THIS TITLE, EXCEPT THAT WHERE
A PROVISION OF THIS TITLE CONFLICTS WITH ANOTHER PROVISION OF THIS ARTI-
CLE, THIS TITLE SHALL APPLY.
S 3. The commissioner of health shall enter into agreements with one
or more persons, not-for-profit corporations or other organizations,
other than a state employee, official or agency, for the performance of
an evaluation of the implementation and effectiveness of the provisions
of this act. Such evaluation shall include, but not be limited to, an
analysis of the practical operation of this act, the clinical value of
medical use of marihuana under this act, and the effect (if any) on
illegal use of controlled substances.
S 4. This act shall take effect immediately; provided that the depart-
ment of health shall make regulations and issue forms provided for in
this act within 180 days after this act shall have become a law; and
provided that no certification under section 3361 of the public health
law, as added by section two of this act, may be made on or after the
thirty-first of December of the fifth year after this act shall have
become a law.