The New York State Department of Health (DOH) recently proposed an amendment to the regulations that govern “designated caregivers” in the New York State medical marijuana program. Under New York State law, in addition to a certified patient, a designated caregiver is permitted to acquire, possess, deliver, transport, and administer medical marijuana product on behalf of a certified patient. A designated caregiver is currently defined as an individual or person. DOH proposed to expand this definition from individual to also include certain facilities, such as hospitals, as well as schools and residential care facilities.
The amendment’s intent is to allow a facility to become a designated caregiver and avail itself of the legal protections associated with this status. In turn, this may give certain certified patients (such as those who are unable to self-administer or do not have a caregiver) the potential for use while in a facility, and thereby increase access to the program.
The proposed regulation is voluntary and does not create any obligation on hospitals to become designated caregivers.
GNYHA proposed this amendment based on member feedback. While the amendment’s goals are a step towards addressing the challenging intersection of State and Federal law regarding the possession of medical marijuana, the potential interpretation of the amendment is unworkable in a hospital setting. GNYHA focused its comments on the limitations placed on designated caregivers and the burdensome process for applying for this status.
credit:gnyha.org
