On October 5, 2017, the New York State Department of Health (DOH) issued emergency regulations with respect to its medical marijuana program. Specifically, nursing homes, adult care facilities, and certain residential facilities licensed/certified by the Office of Mental Health and the Office for People with Developmental Disabilities are now permitted to be “designated caregivers” in the medical marijuana program. Residents in these facilities who are certified pursuant to the medical marijuana program must first designate the facilities as their designated caregivers; the facilities must then register with DOH. After registering, the facilities would be able to possess, acquire, deliver, transfer, transport and administer medical marijuana on behalf of their certified residents.

The emergency regulations, and the diagnosed conditions to which the medical marijuana program apply, can be found at https://regs.health.ny.gov/sites/default/files/pdf/emergency_regulations/Medical%20Use%20of%20Marihuana.pdf.