Medical Marijuana Legislation for New York State

As New York State’s Compassionate Care Act takes effect, many questions will arise. To help stay as focused as possible on your needs, here are answers to some of the more common questions.

A: Patients must be diagnosed with a specific severe, debilitating, or life-threatening medical condition that is accompanied by an associated or complicating condition:

  • Cancer
  • HIV or AIDS
  • Amyotrophic lateral sclerosis (ALS)
  • Parkinson’s disease
  • Multiple sclerosis (MS)
  • Damage to the nervous tissue of the spinal cord with intractable spasticity
  • Epilepsy
  • Inflammatory bowel disease (IBD)
  • Neuropathies
  • Huntington’s disease

The associated or complicating conditions resulting from a diagnosis of one of these medical conditions are:

  • Cachexia or wasting syndrome
  • Severe or chronic pain resulting in substantial limitation of function
  • Severe nausea
  • Seizures
  • Severe or persistent muscle spasms

A: No. Only a doctor who has taken a four-hour training course and received a certification from the New York State Department of Health (NYSDOH) can certify patients and their caregivers.

A: No. Only certified patients and their caregivers are eligible. To get certified, visit a doctor with a NYSDOH certification.

A: Many doctors are in the process of completing certification. Check with your doctor(s) first to see if they are certified.

A: One of the goals of cannabis-based medicine in New York State is to conform as much as possible to the ways in which other regulated medicines are administered. The program requires that all cannabis-based medicine be discreet, convenient, and capable of delivering consistent dosages of medicine. Allowable forms currently include: syrups, oils, and liquids for vaporization, as well as capsules. NO LOOSE LEAF forms are permitted because they do not conform to the goals of the program.

A: Not currently. Certified patients must pay for cannabis-based medicine out of pocket.

A: No. Patients and caregivers who receive a certification from their doctor, as well as a recommendation for one of the Allayent brands, can only obtain Allayent products at authorized Bloomfield Patient Resource Centers.

A: No. Patients or caregivers can legally possess no more than a 30-day supply as determined by the certifying doctor, and consistent with any DOH regulations. Patients can refill their cannabis-based medicine during the last seven days of their 30-day supply.

A: No. Registry information is not subject to public disclosure laws (i.e., it must be kept confidential). However, doctors will have access to information on certified patients’ 30-day supply of cannabis-based medicine to ensure that patients receive no more than one 30-day supply at a time from any certified doctor.

A: No

  • Patients, caregivers, practitioners, or employees of registered organizations shall not be denied any right or privilege, including but not limited to:
    • Arrest
    • Prosecution
    • Penalty in any manner
    • Civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, solely for the certified medical use or manufacture of marijuana, or for any other action or conduct in accordance with protections in the NY Public Health Law.*under the human rights law (i.e., housing, employment, public accommodations). custody and family law proceedings.
  • Patients, practitioners, and employees of registered organizations are also protected under the human rights law (i.e., housing, employment, public accommodations).
  • Patients, practitioners, and employees of registered organizations are protected in custody and family law proceedings.

A: No. After a rigorous and thorough evaluation, the NYSDOH awarded licenses to only five companies that are legally allowed to grow, manufacture, and dispense cannabis-based medicine in NY State. Bloomfield Industries is one such licensee; and the Allayent brand can only be dispensed at authorized Bloomfield Patient Resource Centers.

A: No. Airports, airspace, and airplanes all fall under federal jurisdiction, and cannabis-based products are considered illegal under federal law. If you travel by plane with cannabis-based medicine—even if you are certified—you risk being detained, arrested, and prosecuted under federal law, even if you are departing a state, such as New York, which has certified you under its state’s laws.

A: No. Because cannabis-based products are considered illegal under federal law, traveling across state lines puts you at risk of being detained, arrested, and prosecuted under federal law, even if you are departing or entering a state, such as New York, which has certified you under its state’s laws. 
If you have questions not answered here, ask us!

Please also check the New York State Medical Marijuana Program FAQ.

*Section 3369 of NY Public Health Law, Protections for the Medical Use of Marijuana