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Title: Section 1004.21 - General Prohibitions

Effective Date


1004.21 General Prohibitions.

(a) No person, except for a certified patient or designated caregiver, or an approved laboratorian shall open or break the seal placed on an approved medical marihuana 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 facility at which the certified patient or designated caregiver will purchase approved medical marihuana products.

(c) No approved medical marihuana product shall be sold, dispensed or distributed via a delivery service without prior written approval to the registered organization by the department, except that a designated caregiver may deliver the approved medical marihuana product to the designated caregiver’s certified patient.

(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 approved medical marihuana products, unless the employee is a physician, nurse practitioner, physician assistant or pharmacist with an active New York State license who has completed a four hour course pursuant to section 1004.1 of this part, or the employee is under the direct supervision of, and in consultation with, such physician, nurse practitioner, physician assistant, or the pharmacist on-site in the dispensing facility.

(e) No certified patient or designated caregiver shall be in possession of approved medical marihuana products without having in his or her possession his or her registry identification card. The certified patient or designated caregiver, upon request by the department or law enforcement, shall present such card to verify that the certified patient or designated caregiver is authorized to possess approved medical marihuana products.


VOLUME E (Title 10)