N.Y. Pub. Health Law § 3328

§ 3328. Exemptions from title. The following persons engaging in the\nfollowing activities shall be exempt from the provisions of this title:\n 1. A practitioner lawfully administering, dispensing, or prescribing a\ncontrolled substance in the course of his professional practice to an\nultimate user for a recognized medical purpose;\n 2. A licensed manufacturer engaged in research upon non-human subjects\nor chemical analysis conducted on the premises specified in the\nmanufacturer's license;\n 3. A licensed distributor engaged in quality control analysis at the\npremises specified in his license.\n 4. A practitioner or patient participating in a clinical research\nprogram on the therapeutic use of marijuana or tetrahydrocannabinols.\n(a) Each such clinical research program shall have received protocol\napproval from the United States Food and Drug Administration, shall\npossess an effective investigational new drug application and shall have\nbeen registered by the Drug Enforcement Administration, United States\nDepartment of Justice.\n (b) Each such clinical research program authorized under the\nprovisions of article thirty-three-A of this chapter.\n