New York Set to Make Massive Changes to Medical Marijuana Law

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New York has historically been one of the strictest states when it comes to marijuana, but the tides are changing and a new wave of reform is washing away old, outdated methodologies.

On Monday, just a week after announcing that individuals suffering from chronic pain would be eligible for the state’s medical marijuana program, New York State officials announced more sweeping changes to their cannabis legislation.

Cannabis in Hospitals

The state wants patients who are suffering in New York hospitals to have access to their medicine while under the care of their doctors and nurses. The New York Health Department announced that it will task individual hospitals with creating their own policies and guidelines allowing patients to consume medical marijuana products while in the hospital. Any new policies set forth would tentatively go into effect before the end of February.

For New York-based patients with chronic pain who wish to enroll in the state’s medical marijuana program, here is how the state defines “chronic pain.”

“…any severe debilitating pain that the practitioner determines degrades health and functional capability; where the patient has contraindications, has experienced intolerable side effects, or has experienced failure of one or more previously tried therapeutic options; and where there is documented evidence of such pain having lasted three months or more beyond onset, or the practitioner reasonably anticipates such pain to last three months or more beyond onset.”

Two other major changes were made to New York’s medical marijuana laws as well.

First, licensed cannabis producers will now be able to sell their products wholesale to other licensed cannabis companies within the state. This will give brands additional means of distributing their products without having to sell directly to the patient. Current licensed growers and brand in New York must submit a proposal to the state before selling wholesale to other licensees.

The second major change has to do with a cap that previously limited licensed producers to five different brands, strains, or products. New York is removing the brand cap in the hope that it will motivate licensed producers and dispensaries to offer a much wider range of products.

The state intends for both of these changes to ensure a steady flow of medicine for New York patients by minimizing the risk of a catastrophic failed crop in this limited market. As with any law change in New York state, the proposed amendments to the medical marijuana laws will be published in the New York State Register. Following their addition to the register, new amendments must wait out a 45-day “comment period” before being ratified.

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