New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle B - Division of Alcoholic Beverage Control
Chapter II - Rules of the Office of Cannabis Management
Part 113 - Medical Cannabis
Section 113.23 - Practitioner Prohibitions

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 113.23

Current through Register Vol. 46, No. 39, September 25, 2024

(a) A practitioner shall not:

(1) directly or indirectly accept, solicit, or receive any item of value from a registered organization. However, free or discounted products or services may be provided for use in research, provided such research is conducted by a cannabis research licensee pursuant to section 38 Article 3 of the Cannabis Law;

(2) offer a discount or any other item of value to a certified patient based on the patient's agreement or decision to use a particular practitioner, registered organization, brand or specific form of medical cannabis product produced by a registered organization. However, free or discounted products or services may be provided for use in research, provided such research is conducted by a cannabis research licensee pursuant to section 38 Article 3 of the Cannabis Law;

(3) examine a patient for purposes of issuing a certification at any location owned or operated by a registered organization, except where such examination is being conducted in accordance with a cannabis research license pursuant to section 38 Article 3 of the Cannabis Law; or

(4) directly or indirectly benefit from a patient obtaining a written certification. Such prohibition shall not prohibit a practitioner from conducting research pursuant to section 38 of Article 3 of the Cannabis Law, or charging an appropriate fee for the patient visit.

(b) A practitioner that issues certifications, and such practitioner's co-worker, employee, spouse, parent, child, or sibling shall not have a direct or indirect financial interest in a registered organization or any other entity that may benefit from a certified patient's or designated caregiver's acquisition, purchase or use of medical cannabis products, including any formal or informal agreement whereby a registered organization provides compensation if the practitioner issues a written certification for a certified patient or steers a certified patient to a specific dispensing site.

(c) A practitioner shall not issue a certification for themself.

(d) A practitioner shall not receive or provide product samples containing cannabis.

Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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