N.Y. Comp. Codes R. & Regs. tit. 9 § 113.22

Current through Register Vol. 46, No. 36, September 4, 2024

Section 113.22 - General Prohibitions

(a) No person, except for a certified patient, designated caregiver, designated caregiver facilities, an approved laboratorian, or an approved research license holder shall open or break the seal placed on a medical cannabis product packaged by a registered organization and provided to the certified patient.

(b) No person associated with a registered organization shall enter into any agreement with a registered practitioner or health care facility concerning the provision of services or equipment that may adversely affect any person's freedom to choose the dispensing site at which the certified patient or designated caregiver will purchase medical cannabis products.

(c) No registered organization shall employ, or permit to be employed, or shall allow to work, on any premises registered, any person under the age of eighteen (18) years in any capacity where the duties of such person require or permit such person to sell, dispense or handle cannabis. Any employee eighteen (18) years of age or older and under twenty-one (21) years of age may not have direct interaction with patients inside a dispensing site.

(d) No employee of a registered organization shall counsel a certified patient or designated caregiver on the use, administration of, and the risks associated with medical cannabis products, unless the employee is a practitioner as defined in Article 1 of the Cannabis Law, with an active New York State license, registration or certification who has completed at minimum a two (2) hour course pursuant to section 113.2 of this Part, or the employee is, twenty-one (21) years of age or older and under the direct supervision of, and in consultation with, such practitioner, or the pharmacist working at the dispensing site.

(e) No certified patient or designated caregiver shall be in possession of medical cannabis products without having in their possession:

(1) Patient's valid certification; and

(2) Other forms of identification or documentation as provided by this Part or as determined by the Office to verify that the certified patient or designated caregiver is authorized to possess medical cannabis products.

(f) No certified patient or designated caregiver shall transport medical cannabis product unless such products remain in the original package as dispensed by the registered organization and the patient or designated caregiver is in possession of patient's valid certification.

(g) The certified patient or designated caregiver, upon request by the officer or law enforcement, shall present such certification to verify that the certified patient or designated caregiver is authorized to possess medical cannabis products.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 113.22

Adopted New York State Register February 22, 2023/Volume XLV, Issue 08, eff. 2/22/2023