New Emergency Rule on Medical Use of Marijuana

Published in the Aug. 1, 2018 New York State Register (page 24) is an Emergency Rule regarding the medical use of marijuana. The regulatory amendments are necessary to allow registered practitioners to issue certifications for the medical use of marijuana as an alternative to prescription opioids.

According to the Emergency Proposed Rule, the regulatory amendment will particularly benefit patients with conditions for which opioids could otherwise be prescribed, as medical marijuana will now be an available alternative to opioids. Permitting the medical use of marijuana as an alternative to opioids will offer an additional treatment option for registered practitioners. In addition, adding opioid use disorder as a clinically associated condition will allow individuals who are addicted to opioids to instead use medical marijuana. Requiring practitioners to expressly state the precise underlying condition will help the Department of Health (DOH) to better understand how medical marijuana can be used as an alternative to prescription opioids.

In New York, practitioners must meet certain requirements and register with the New York State Medical Marijuana Program in order to be able to prescribe medical marijuana.

LeadingAge NY is seeking member input on the Emergency Rule. Members should discuss the proposed rule with their medical director and medical staff and direct any questions or concerns to Elliott Frost by Aug. 30, 2018.

Contact: Elliott Frost, efrost@leadingageny.org, 518-867-8832