New York Regulations
All registered qualifying patients (or their designated caregivers) must notify the New York State Department of Health within 10 days of the following:
- Changes in the patient’s name, address or contact information
- If the patient ceases to have the debilitating medical condition
- If the qualifying patient is deceased (the designated caregiver, if any, or a legal representative of the patient shall notify the Department)
- Of a change in the designated caregiver
- If the registry identification card is lost, stolen or destroyed
Safely and Legally Storing Medical Cannabis
Patients are responsible for keeping their medical cannabis fully safe and secure. Medical cannabis can be attractive to the curious and inquisitive, including children and young adults. Each patient is responsible for making sure that no one else has access to or uses his or her prescribed medical cannabis.
In the event, you suspect or learn that your medical cannabis has been stolen, misappropriated or is the subject of any illicit activity, contact your local law enforcement immediately.
To keep your medical cannabis secure:
- Store cannabis in its original tamper-evident container
- Do not remove the label from the container
- Keep it in a secure area, away from children
- Consider using a third-party medical cannabis storage product
Safely and Legally Possessing Medical Cannabis in New York
- It is illegal to possess or use cannabis if you do not have a debilitating medical condition and are not a registered qualifying patient or caregiver. Patients (or their designated caregiver) must have his or her registry ID card at any time the patient (or their designated caregiver) is in possession of medical cannabis.
Safely and Legally Transporting Medical Cannabis
Medical cannabis must be secure, sealed, and inaccessible during transport. It is not legal to transport medical cannabis in a vehicle unless the medical cannabis in a reasonably secured, sealed, tamper-evident container and reasonably inaccessible while the vehicle is moving. Under no circumstances may medical cannabis be transported outside of New York state.
Safely and Legally Administering Medical Cannabis in a Permitted Place
In New York state, smoking medical cannabis is not an approved route of administration. Approved medical cannabis products may not be vaporized in a public place. In no event shall approved medical cannabis products be consumed through vaporization in any location in which smoking is prohibited under section thirteen hundred ninety-nine of the public health law. Patients may not consume medical cannabis products in a "public place” as defined by the Commissioner and set forth in the New York State Department of Health Regulations. For a detailed list of places in which use of medical cannabis is prohibited, you should consult section 1004.18 of the Regulations, which are available at the following link: http://www.health.ny.gov/regulations/medical_marijuana/docs/regulations.pdf
Reckless Driving or Driving Under the Influence of Cannabis is Illegal
It is illegal to operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of cannabis. Under New York State law, any amount of cannabis in a driver’s blood while driving establishes that a driver is under the influence. Nothing in New York state law prevents the arrest or prosecution of a registered qualifying patient for operating a motor vehicle under the influence of cannabis.
Federal Laws on Cannabis
Cannabis remains a Controlled Substance under Federal Law. Thus, its possession and use are currently illegal under Federal Law. Obtaining medical cannabis does not exempt a qualifying patient or caregiver from prosecution and penalties imposed by Federal law, including possessing, transporting, or using medical cannabis on any federal property. These properties include but are not limited to: federal buildings and courthouses, federal parks, federal highways, and federal military bases. It is your responsibility as a patient/caregiver to know the locations under federal jurisdiction.