N.Y. Public Health Law Section 3328
Exemptions from title

The following persons engaging in the following activities shall be exempt from the provisions of this title:

1.

A practitioner lawfully administering, dispensing, or prescribing a controlled substance in the course of his professional practice to an ultimate user for a recognized medical purpose;

2.

A licensed manufacturer engaged in research upon non-human subjects or chemical analysis conducted on the premises specified in the manufacturer’s license;

3.

A licensed distributor engaged in quality control analysis at the premises specified in his license.

4.

A practitioner or patient participating in a clinical research program on the therapeutic use of marijuana or tetrahydrocannabinols.

(a)

Each such clinical research program shall have received protocol approval from the United States Food and Drug Administration, shall possess an effective investigational new drug application and shall have been registered by the Drug Enforcement Administration, United States Department of Justice.

(b)

Each such clinical research program authorized under the provisions of article 33-A (Controlled Substances Therapeutic Research Act)article thirty-three-A of this chapter.

Source: Section 3328 — Exemptions from title, https://www.­nysenate.­gov/legislation/laws/PBH/3328 (updated Sep. 22, 2014; accessed Jul. 26, 2025).

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Verified:
Jul. 26, 2025

Last modified:
Sep. 22, 2014

§ 3328. Exemptions from title's source at nysenate​.gov

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