Amid ever increasing positive Coronavirus COVID-19 test results, on March 20, 2020, New York Governor Andrew Cuomo issued Executive Order 202.6 referred to as “New York State of Pause”. The order took effect on March 22, 2020 at 8 PM. Pursuant to the Order all non-essential businesses state-wide are to cease all in-office personnel functions unless the business falls within an “Essential Function.” A 10 point policy, including Essential Healthcare, was issued to assure uniform safety for everyone.
Officials deemed medical cannabis dispensaries “Essential” for purposes of the Executive Order. By including medical cannabis dispensaries, patients relying on medical cannabis are permitted access to cannabis during the NYS Pause. Restrictions of home delivery were also eased to ensure access to medical cannabis.
Pursuant to the NYS Pause Executive Order, certain restrictions required for all functioning businesses including implementation of rules that help facilitate social distancing of at least 6 feet between patrons, as well as adhering to disinfecting protocols are also required for medical cannabis dispensaries.
While medical cannabis dispensaries have been given the green light to operate during NYS Pause, it should be noted that the order does not change the prohibition against reimbursement for medical cannabis beyond the already covered cost for eligibility medical assessments. Long Term Care facilities and hospitals caring for patients eligible for medical cannabis thus must continue providing residents and patients access to medical cannabis despite the NYS Pause. Since cannabis remains a schedule 1 drug, healthcare institutions cannot recover the cost for facilitatin
g residents' and patients' access to medical cannabis despite additional costs that may be incurred to ensure that access.
Due to the public health emergency created by COVID-19, New York License dispensaries:
- Will be allowed to expand their delivery service without prior government approval and
- Allowed to conduct sales through shops’ doors and windows, provided they comply with all regulations and laws, such as recording the transaction on camera and validating patients’ identification.
In addition, some states have suspended existing statutory and regulatory barriers limiting access to medical marijuana. For example:
- Dispensary employees may be allowed to provide medical marijuana to a cardholder in his/her vehicle on the facility’s property;
- Removal of caps limiting the number of patients assigned to one caregiver so as to allow for more caregivers to patients in need;
- Eliminating background checks for caregiver applications;
- For renewals, waiving in-person consultations to allow for remote consultations between approved practitioners and medical marijuana cardholders;
- Waiving 30 day prescription limits in favor of a 90-day supply.
For further information please feel free to contact:
