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Title: Section 1004.23 - Designated Caregiver Prohibitions and Protections

Effective Date


1004.23 Designated Caregiver Prohibitions and Protections

(a) An individual shall not serve as a designated caregiver for more than five certified patients at any given time.

(b) A designated caregiver may only obtain payment from the certified patient to be used for the cost of the approved medical marihuana 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 approved medical marihuana products.

(c) Designated caregivers, including employees of facilities registered as designated caregivers and acting within their scope of employment, 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.

Statutory Authority

Public Health Law, Section 3369-a


VOLUME E (Title 10)