N.Y. Comp. Codes R. & Regs. tit. 9 § 113.24

Current through Register Vol. 46, No. 45, November 2, 2024

Section 113.24 - Designated Caregiver Prohibitions and Protections

(a) An individual shall not serve as a designated caregiver for more than four (4) certified patients at any given time, not including designated caregiver facilities and employees of such facilities, and research license holders acting as designated caregivers.

(b) A designated caregiver may only obtain payment from the certified patient to be used for the cost of home cultivation activities in accordance with section 115.2 of Part 115 of this Title and medical cannabis product purchased for the certified patient in the actual amount charged by the registered organization; provided, however, that a designated caregiver may charge the certified patient for reasonable costs incurred in the transportation, delivery, storage and administration of medical cannabis products.

(c) Designated caregivers, including employees of designated caregiver facilities acting within their scope of employment, and research license holders shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, solely for an action or conduct in accordance with this Part.

(d) A designated caregiver shall not purchase medical cannabis product for the certified patient, unless such caregiver presents the following documentation to a registered organization:

(1) the patient's certification from a practitioner, as defined in Article 1 of the Cannabis Law, and issued in accordance with Article 3 of the Cannabis Law, which shall also serve as the patient/designated caregiver registry identification card; and

(2) a valid government-issued photo identification, in accordance with subdivision (f) of section 113.13 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 113.24

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