With legalization of the medical use of marijuana expanding throughout the US at a rapid rate, medical marijuana law has become a growing and challenging area of practice. New York State has legalized medical marijuana.
Martha Dwyer is able to provide the following services to companies who wish to dispense in New York State:
- The formation and structuring of business entities
- Arrangements with investors, including structuring returns on investment and additional investments, if necessary
- Ttax considerations
- Financing arrangements
- Real Estate
- Branding and intellectual property considerations
- Commercial contracts with suppliers and others
For details of what is happening in N.Y. State here is more information:
New York‘s medical cannabis program is considered to be one of the most restrictive in the nation.
As of January 23, 2018, New York had 1,426 registered practitioners and 42,429 certified patients. As of December 8, 2017, there were 1,358 registered practitioners and 38,642 certified patients participating in New York’s program.
Medical marijuana is presently available to individuals who have been diagnosed with one or more of the following severe debilitating or life-threatening conditions: cancer, HIV infection or AIDS, amyotrophic lateral sclerosis (ALS), Parkinson's disease, multiple sclerosis, spinal cord injury with spasticity, epilepsy, inflammatory bowel disease, neuropathy, Huntington's disease, post-traumatic stress disorder or chronic pain (as defined by 10 NYCRR §1004.2(a)(8)(xi)). The severe debilitating or life-threatening condition must also be accompanied by one or more of the following associated or complicating conditions: cachexia or wasting syndrome, severe or chronic pain, severe nausea, seizures, or severe or persistent muscle spasms.
New regulations, which went into effect on December 27, 2017, allow registered organizations (ROs) to manufacture and distribute additional products including topicals such as ointments, lotions and patches; solid and semi-solid products, including chewable and effervescent tablets and lozenges; and certain non-smokable forms of ground plant material. Previously, only liquids and oil for vaporization or administration via inhaler and oral capsules were permitted.
The new regulations also allow prospective patients and practitioners to enter dispensing facilities to speak directly with RO representatives, learn about products and get information about the medical marijuana program. In addition, people other than designated caregivers may accompany patients to dispensing facilities.
Under these regulations, practitioners will soon be able to take a shortened version of the currently available four-hour courses required to certify patients for medical marijuana. The Department will work with course providers to offer a two-hour course, which is a typical length for other medical education courses.
The regulations also streamline the manufacturing requirements for medical marijuana products, broaden the capability of registered organizations to advertise, amend security requirements and clarify laboratory testing methods.
Other recent enhancements to New York's Medical Marijuana Program include authorizing five additional registered organizations to manufacture and dispense medical marijuana, adding post-traumatic stress disorder and chronic pain as qualifying conditions, empowering nurse practitioners and physician assistants to certify patients and permitting home delivery and publishing a list of registered practitioners who have consented to be listed publicly. That list can be found at https://www.health.ny.gov/regulations/medical_marijuana/practitioner/public_list.htm
Governor Cuomo, in his annual budget address on January 16, urged state lawmakers to provide funding to establish a commission that would study the feasibility of legalizing adult-use marijuana in the state.
The study would explore recreational legalization’s health effects, economic impact, criminal justice impact and how recreational legalization by some of New York’s neighbors would affect the state. More>>