New York on Friday became the 23rd state in the country to legalize medical marijuana.
The law, called the Compassionate Care Act, was approved in a 49-10 vote in the state Senate after it was amended by Gov. Andrew Cuomo to ensure its passage.
“I think this is the best of both worlds,” Cuomo said during a press conference on Thursday announcing the Senate’s agreement to pass the legislation. “We will have the medicinal benefit to people who need it, but we make sure there is no risk in public safety or public health.”
The medical marijuana program would go into effect 18 months after Cuomo signs it into law, setting up a registry with the state Department of Health for physicians to administer the drug and patients to become eligible for it.
Patients with cancer, HIV/AIDS, Lou Gehrig’s disease, muscular dystrophy, Parkinson’s disease, multiple sclerosis, spinal cord damage, epilepsy, inflammatory bowel disease, neuropathy and Huntington’s disease would be eligible for the program, and insurance providers, Medicare and Medicaid would not have to cover prescriptions for marijuana.
“There are New Yorkers all across our state, men and women with children, with severely debilitating illnesses or life-threatening conditions, whose only source of relief is safe and effective treatment with medical marijuana,” state Assembly Speaker Sheldon Silver (D-Manhattan) said in a statement.
The law prohibits users from smoking the drug and gives Cuomo the power to suspend or terminate the program if it is abused. It also sets a 7 percent tax on medical marijuana sales.
“This balance is critically important and was missing from previous versions of the legislation,” Sen. Jack Martins (R-Mineola) said. “Excluding leaf-form, smoked marijuana from this bill, while also tracking sales through the state’s I-STOP program and instituting dosage controls, will help ensure that only the people who participate in this program are those who truly and desperately need it.”
The state Assembly approved the legislation early Friday, whereupon Cuomo waived the typical three-day waiting period so the Senate could vote on the bill before the end of the legislative session.
“Somebody said to me today, ‘How can you be passing a heroin bill yesterday and a medical marijuana bill today?’” Cuomo said. “Well, if this is administered properly, we’re confident only benefits will occur.”
Patients would be issued registry identification cards under the plan, and would not be allowed to possess any more than a 30-day supply of medical marijuana.
The legislation also sets a Class E felony to anyone who prescribes medical marijuana to an individual who does not need it, as well as a misdemeanor for anyone caught selling or trading the drug.
“Under this legislation, New York will have one of the safest, most effective medical marijuana programs in the country,” Senate co-leader Jeffrey Klein (D-Bronx) said in a statement. “By taking this historic step, thousands of desperate patients will get the relief and treatment they need. This program will evolve in real-time as science develops ensuing a long-term, self-sustaining patient-centric program.”
