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NEW YORK STATE MEDICAL MARIJUANA LAW

ARTICLE 33-A
CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH ACT
Section 3397-a. Legislative findings.
3397-b. Definitions.
3397-c. Antonio G. Olivieri controlled substances therapeutic
research program established; participation.
3397-d. State patient qualification review board; composition;
powers and duties.
3397-e. Patient participation in program; procedure.
3397-f. Antonio G. Olivieri controlled substances therapeutic
research program; distribution.
3397-g. Report.
§ 3397-a. Legislative findings. The legislature finds that recent research has shown that
the use of marijuana may alleviate the nausea and ill-effects of cancer chemotherapy,
may alleviate the ill-effects of glaucoma and may have other therapeutic uses. The
legislature further finds that there is a need for further research and experimentation
with regard to the use of marijuana for therapeutic purposes under strictly controlled
circumstances. It is for such research programs that the controlled substances
therapeutic research act is hereby enacted.
§ 3397-b. Definitions. As used in this article:
1. "Marijuana" means marijuana as defined in section thirty-three hundred two of this
chapter and shall also include tetrahydrocannabinols or a chemical derivative of
tetrahydrocannabinol.
2. "Physician" means a person licensed to practice medicine in the state of New York
including a person authorized to practice medicine in a federal medical facility in the
state.
3. "Hospital" means a hospital as defined in section twenty-eight hundred one of this
chapter.
§ 3397-c. Antonio G. Olivieri controlled substances therapeutic research program
established; participation.
1. The Antonio G. Olivieri controlled substances therapeutic research program is hereby
established in the department of health. The commissioner shall promulgate rules and
regulations necessary for the proper administration of the controlled substance
therapeutic research act. In such promulgation, the commissioner shall take into
consideration those pertinent rules and regulations promulgated by the drug
enforcement administration, food and drug administration and the national institute on
drug abuse.

2. Participation in the Antonio G. Olivieri controlled substances therapeutic research
program shall be limited to cancer patients, glaucoma patients and patients afflicted with
other diseases as such diseases are approved by the commissioner. Such patient shall
be certified by a physician to and approved by a patient qualification review board or
committee in the manner provided by this article. Physician certification and board or
committee approval shall be limited to such patients who are involved in a lifethreatening or sense-threatening situation. Patients seeking participation in such
program may seek the advice and shall be entitled to be advised by appropriate medical
personnel concerning the medical efficacy of treatment with conventional controlled
substances.
3. The commissioner, on behalf of the department, shall apply to the food and drug
administration for an investigational new drug permit within ninety days after the
effective date of this section.

§ 3397-d. State patient qualification review board; composition; powers and duties. 1.
The commissioner shall appoint a state patient qualification review board of no less than
three nor more than five members. The state patient qualification review board shall be
comprised of:
(a) A physician licensed to practice medicine in New York and certified by the American
board of ophthalmology;
(b) A physician licensed to practice medicine in New York and certified by the American
board of internal medicine and also certified in the subspecialty of medical oncology;
(c) A physician licensed to practice medicine in New York and certified in psychiatry by
the American board of psychiatry and neurology; and
(d) Any other members that the commissioner may deem necessary.
2. Members of such board shall be appointed for three year terms except that the term
of those first appointed shall be arranged so that as nearly as possible an equal number
shall terminate annually. A vacancy occurring during a term shall be filled by an
appointment by the commissioner for the unexpired term. The commissioner shall
designate the chairman of the board. Any member may be removed from the board at
the pleasure of the commissioner.
3. Each member of the board shall receive up to one hundred fifty dollars as prescribed
by the commissioner for each day devoted to board work not to exceed forty-five
hundred dollars in any one year, and shall be reimbursed for necessary expenses.
§ 3397-e. Patient participation in program; procedure. 1. Any hospital may establish a
hospital patient qualification review committee subject to the rules and regulations
promulgated by the commissioner. A hospital may designate a hospital human research
review committee as set forth in section twenty-four hundred forty-four of this chapter to
serve as a hospital patient qualification review committee.
2. Any physician may recommend a patient for participation in the

Antonio G. Olivieri controlled substances therapeutic research program to the hospital
patient qualification review committee for the hospital wherein such patient has received
medical treatment.
3. The hospital patient qualification review committee shall review each
recommendation and shall submit approved patient applications to the state patient
qualification review board.
4. The state patient qualification review board shall review all physician applicants for
the Antonio G. Olivieri controlled substances therapeutic research program and certify
or refuse to certify their participation in the program.
5. The state patient qualification review board may delegate to a hospital patient
qualification review committee the authority to approve or disapprove a patient's
participation in such program.
6. A patient shall not be eligible to participate in such program without the approval of
the state patient qualification review board or the hospital patient qualification review
committee delegated pursuant to subdivision five of this section.
7. The hospital human research review committee shall review each human research
project proposed hereunder and shall certify to the hospital patient qualification review
committee that such project meets the requirements of this article and article twentyfour-A of this chapter.
§ 3397-f. Antonio G. Olivieri controlled substances therapeutic research program;
distribution. 1. The commissioner shall obtain marijuana through whatever means he
deems most appropriate, consistent with regulations promulgated by the national
institute on drug abuse, the food and drug administration and the drug enforcement
administration and pursuant to the provisions of this article.
2. If, within a reasonable time, the commissioner is unable to obtain controlled
substances pursuant to subdivision one of this section, he shall conduct an inventory of
available sources of such drugs, including but not limited to the New York state police
bureau of criminal investigation and local law enforcement officials. Said inventory shall
be for the purpose of determining the feasibility of obtaining controlled substances for
use in the program. Upon conducting said inventory, the commissioner shall contract
with the available source for the receipt of controlled substances.
3. The commissioner shall cause such marijuana to be transferred to a hospital for
distribution to the certified patient pursuant to this article.
§ 3397-g. Report. The commissioner, in conjunction with the state patient qualification
review board, shall each year report his findings and recommendations to the governor
and the legislature regarding the effectiveness of the Antonio G. Olivieri controlled
substances therapeutic research program.