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 Marijuana
Patients are responsible for keeping their medical marijuana fully safe and secure. Medical marijuana 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 marijuana.
In the event, you suspect or learn that your medical marijuana has been stolen, misappropriated or is the subject of any illicit activity, contact your local law enforcement immediately.
To keep your medical marijuana secure:
- Store marijuana 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 medicinal marijuana medicine storage product
Safely and Legally Possessing Medical Marijuana in New York
- It is illegal to possess or use marijuana 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 medicinal marijuana.
Safely and Legally Transporting Medicinal Marijuana
Medicinal marijuana must be secure, sealed, and inaccessible during transport. It is not legal to transport medicinal marijuana in a vehicle unless the medicinal marijuana in a reasonably secured, sealed, tamper-evident container and reasonably inaccessible while the vehicle is moving. Under no circumstances may medicinal marijuana be transported outside of New York state.
Safely and Legally Administering Medical Marijuana in a Permitted Place
In New York state, smoking medicinal marijuana is not an approved route of administration. Approved medical marijuana products may not be vaporized in a public place. In no event shall approved medical marijuana 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 marijuana 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 marijuana 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 Marijuana 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 marijuana. Under New York State law, any amount of marijuana 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 marijuana.
Federal Laws on Marijuana
Marijuana remains a Controlled Substance under Federal Law. Thus, its possession and use are currently illegal under Federal Law. Obtaining medical marijuana does not exempt a qualifying patient or caregiver from prosecution and penalties imposed by Federal law, including possessing, transporting, or using medical marijuana 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.