In July 2014, the New York state legislature enacted the Compassionate Care Act to provide a comprehensive, safe and effective medical marijuana program available to certified patients with serious conditions.

New York is now part of a movement that has seen a majority of the states provide for some form of medical marijuana, with the number expanding in recent years. On a federal level, however, marijuana remains illegal. As a result, the reimbursement aspect of marijuana is unsettled and subject to further developments on both a state and federal level.

There is a difference of opinion over the medical value of marijuana. With enactment of the Compassionate Care Act, New York has taken the position that marijuana does offer medicinal value. The sponsor's memo to the bill stated: “The purpose of this program is to expedite the availability of medical marihuana to avoid suffering and loss of life … .” Public Health Law §3362 states that so long as the conditions of the law are met, “The possession, acquisition, use, delivery, transfer, transportation, or administration of medical marihuana by a certified patient or designated caregiver possessing a valid registry identification card, for certified medical use, shall be lawful under this title.”