No Access In NY For Legalized Medical Marijuana

Before getting into the article, I want to briefly discuss my experience of having a covered medical marijuana condition and not getting access to the medication. I want to try medical marijuana so I can get off or lessen my need for Vicodin (otherwise known as Panadeine outside the US). I have multiple sclerosis which is one of about 9 originally covered illnesses. Here is the complete info currently available:

  • A serious condition is defined as: “having one of the following severe debilitating or  life-threatening  conditions: cancer,  positive status for human immunodeficiency virus or acquired immune deficiency syndrome, amyotrophic lateral sclerosis, Parkinson’s disease, multiple sclerosis, damage to the nervous tissue of the spinal  cord  with objective neurological indication or intractable spasticity, epilepsy, inflammatory bowel disease,  neuropathies, Huntington’s disease, or as added by the commissioner; and (ii) any of the following conditions where it is clinically associated with,  or  a  complication  of,  a condition under this paragraph or its treatment: cachexia or wasting syndrome; severe or chronic pain;  severe nausea; seizures; severe or persistent muscle spasms; or such conditions as are added by the commissioner.”


I called my mayor, the governor of NY, 311, spoke to two specialists,and NOBODY had an answer for me. Then I found Compassionate Care NY. They called me back 2 weeks after I left a message.

They said by January things should be sorted. It still hasn’t been. Out of pure luck one of my general practitioners took a class and can now prescribe. But, getting the paperwork takes over a month so he can’t do anything yet. And, there is only one dispensary. It’s far away. I can’t get there. Also, this is completely out-of-pocket. There is no insurance coverage because even medical marijuana is illegal under federal law. So, in the end, I might not even be able to afford it. Great, right?



Thousands of critically ill New Yorkers have struggled to access medical marijuana, and some doctors are saying state Department of Health failures are keeping the potentially life-saving drug out of reach.

The state agency mishandled regulations on how doctors certify marijuana patients, including thousands in the Lower Hudson Valley suffering from serious illnesses such as epilepsy and cancer, an investigation by The Journal News/lohud has found.

Questions about conflicts, inaccurate statements and botched dispensary openings have also mounted.

One of the potential patients is 5-year-old Vincent Piperato of Thiells, who has Dravet syndrome, a rare form of epilepsy.

His mother, Dr. Amy Piperato, has been counting the days since New York enacted its medical marijuana law in 2014. She also tallies seizures that rack her son’s body, at 25 last year.

Even though New York launched its medical marijuana program last month, Piperato, an internist, hasn’t found a doctor to certify Vincent. The state Health Department is refusing to release marijuana doctors’ names, and legal gaps discourage health professionals from referrals.

Piperato’s most likely recourse is to sever ties with her son’s lifelong physicians in favor of doctors willing to endanger their medical practice to recommend cannabis-based drugs.

“It’s frustrating that we can’t find a practitioner, especially while knowing that children in different states have full access to this medicine,” she said. “The way (New York’s) law is written there are so many barriers to access, from the doctor certification to the number of dispensaries.”

Meanwhile, New York has certified 1,174 marijuana patients out of a pool estimated at more than 200,000, based on the number of people suffering from eligible illnesses. And 421 doctors in the state, out of 90,000, have registered for the program as concerns mount about its legality.

Although 22 other states allow doctors to certify marijuana patients, an apparent flaw in New York’s program has some in the medical community concerned about federal legal troubles.

Dr. Sheryl Haut, a top neurologist at Montefiore Medical Center, cited the legal ambiguity surrounding New York’s marijuana program as a major reason she refuses to certify patients. She fears that participating in the program would endanger her ability to prescribe other drugs.

“This just became an option in New York and, honestly, most of the epilepsy doctors I know are trying to understand what this means,” Haut said.


U.S. Sen. Kirsten Gillibrand, D-N.Y., weighed in on the high-stakes bet New York physicians are taking in certifying marijuana patients.

“They are putting themselves at risk,” Gillibrand said.

In New York, doctors are instructed by Health Department training and policy to recommend dosing as part of patient certification. By contrast, other states don’t allow doctors to address dosing, leaving it up to the dispensaries where patients buy the drug.

The dosing issue is important because New York doctors may face federal penalties, such as losing their U.S. Drug Enforcement Administration registration necessary to handle many prescription drugs.

DEA officials would not discuss how the agency will address the situation, citing the fact that marijuana remains illegal under federal law. It is designated alongside drugs without medicinal uses, including heroin.

“The (U.S. Food and Drug Administration) has not approved marijuana as a medicine and has repeatedly concluded that smoked marijuana has a high potential for abuse, has no accepted medical use in the U.S. and lacks an acceptable level of safety for use,” said James Hunt, DEA special agent in charge of New York.

Health Department officials would not answer questions about New York’s program, which only allows non-smokeable forms of the drug, such as oils and pills.

Gillibrand and some New York doctors disagreed with the DEA chief’s stance. She has proposed federal reforms to decriminalize marijuana for medicinal uses, which would resolve some of the concerns affecting New York’s law.

While pointing to systemic problems unique to New York, Gillibrand also blamed federal government inaction for the situation.

“The only delay is that too many people still put politics before people,” she said. “There is an old line of attack against marijuana left over from the ’60s that it has no medicinal use, and it’s just a hippie drug and it can be a gateway drug.”

Dr. Laszlo Mechtler, director of Dent Cannabis Clinic and Neurologic Institute, is among the doctors in New York who have registered to participate in the program.

The Dent clinic, just outside Buffalo, has 10 doctors participating in the program, but they have been overwhelmed by nearly 100 calls per day from patients seeking medical marijuana. Mechtler described New York’s program as unrealistic for meeting demand. He urged state and federal action to address legal challenges blocking its expansion.

“In the meantime, while we wait for the politicians to make decisions, what do we do for our suffering patients?” he asked. “I can’t wait for a 12-year-old that has less than four months to live… That is my duty, to relieve that suffering.”


Breach of disclosure

As concerns arise about patient-access hurdles, Etain LLC, one of five companies that began selling cannabis-based drugs last month, appears to have made inaccurate statements on its application that won a coveted license from the Health Department to grow and sell medical marijuana, a review of hundreds of pages of public records shows.

Etain and other companies also failed to open four of 20 total dispensaries statewide by a January deadline.




Continue reading this article at

More on the subject here:

Previous coverage: Medical marijuana in New York

USA Today: Federal bill to reclassify marijuana

4 thoughts on “No Access In NY For Legalized Medical Marijuana

  1. I thinks it more about politics than health care. We all know the pharmaceutical industries can not profit from THC or control who uses it. The health industry needs sick people to pay for their holidays, houses and fancy cars. It’s terrible. I hope the red tape is taken care of soon and doctors need to put their reputation on the lines- they have a duty of care us


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