No more waiting in line, no more long stretches of time wondering when and if you're going to be able to get your medical marijuana card. The patient's certifying practitioner must include the following information on the patient's certification: the authorized brand and form of the approved medical marijuana, the administration method, and any limitations on the use of approved medical marijuana product.
When it does, New York courts - in grappling with preemption and other issues raised by legalized marijuana - will at least have the advantage of several decades of case law from California, Colorado, and elsewhere to provide them with guidance as they seek to balance our state's medical marijuana statute against the CSA and employer fears regarding employee drug use.
We can find relief in knowing that New York State Health Commissioner Howard Zucker announced in March 2017 that chronic pain has been added to the list of medical conditions legally eligible for treatment by cannabis products, and that he was working to expand the list of qualifying conditions in the Empire State.
Transporting illegal drugs, including medical marijuana purchased legally in another state, across state lines — even between two Medical Cannabis Doctors New York states with legal weed — could constitute drug trafficking, with a potential five-year prison sentence, under federal law.
Those who choose to access the Site do so on their own initiative and are responsible for compliance with their local, state, and national laws, including those applicable and governing Medical Cannabis Jurisdiction laws and regulations, if and to the extent applicable.
We will review any forthcoming guidance from the federal government with a goal of continuing the medical marijuana program and protecting the patients and providers who participate in it,” said Dr. Howard Zucker, New York state's health commissioner, in an emailed response to questions about the development.
The company would not comment on federal marijuana policy, or whether it could have a chilling effect on the industry, but it said in an emailed statement that it is looking forward to being part of the most robust and scientifically responsible medical marijuana program” in the nation.
Dr. Jacquelyn McLean Bennett, of the Center for Family Practice in Latham, has been prescribing marijuana since October 2016, and her patient roster is nearing 100, as patients of doctors who don't prescribe marijuana come to the Center for Family Practice for the prescriptions.
Marijuana remains illegal under federal law and the Federal government doesn't recognize any medical value for it. However, a medical marijuana card enables the recipient to avoid civil and criminal penalties at the state level, depending upon the state they live in. Having a card enables registered users to obtain marijuana through state-approved dispensaries, wellness centers and health clinics.
A lifelong law-and-order Democrat, Cuomo swung to the right of his party when it came to cannabis legalization, and for years, he remained stubbornly dubious about the benefits of medical marijuana , despite significant support from doctors; when he finally signed the Compassionate Care Act into law in the summer of 2014, it was not without reluctance.
Existing decisions generally address the tension between federal and state law as an overarching theme, and the most common legal questions include: (1) whether the Controlled Substances Act (CSA) preempts state marijuana laws; (2) whether the Americans with Disabilities Act (ADA) protects employees who legally use marijuana under state law; (3) whether an employer has a duty to accommodate an employee's legal marijuana use; and (4) whether employees are protected against adverse employment actions because of their legal marijuana use.