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Sen. Diane Savino, D-Staten Island, left, and Assemblyman Richard Gottfried, D-Manhattan, listen to a speaker during a news conference announcing an agreement on legislation legalizing medical marijuana in New York in the Red Room at the Capitol on Thursday, June 19, 2014, in Albany, N.Y. A vote on the legislation is expected Thursday night when the legislative session is scheduled to end. Savino and Gottfried sponsored the legislation in their respective houses. (AP Photo/Mike Groll)

ALBANY, N.Y. (AP) — New York is set to become the 23rd state to legalize medical marijuana under an agreement announced by legislative leaders Thursday afternoon.

The so-called Compassionate Care Act would legalize certain forms of marijuana for severely ill patients. The legislation does not allow the drug to be sold in plant form or smoked, but it can be administered through a vaporizer or in an oil-base.

Earlier in the negotiations, Gov. Andrew Cuomo sought to ban smoking the drug, saying it was wrong for the state to promote smoking.

"In the end you have to balance the needs of many of the patients and the truth is we're coming to a point where less and less people smoke combustible methods anyway," said bill sponsor Sen. Diane Savino, a Staten Island Democrat.

Dr. Howard Zucker, acting state health commissioner, talks about the public health and medical aspects of legislation legalizing medical marijuana during a
Dr. Howard Zucker, acting state health commissioner, talks about the public health and medical aspects of legislation legalizing medical marijuana during a news conference in the Red Room at the Capitol on Thursday, June 19, 2014, in Albany, N.Y. A vote on the legislation is expected Thursday night when the legislative session is scheduled to end. (AP Photo/Mike Groll) (Mike Groll/AP)

While details of the legislation were expected later Thursday, Savino said marijuana could be prescribed for at least six diseases — including epilepsy, AIDS, ALS and neuropathy — under the direction of the state's health department. The health commissioner would be able to add more illnesses.

If approved by the Legislature, the bill would allow the program to start in as soon as 18 months and would allow a governor to terminate it under advice from the health department or law enforcement.

"Medical marijuana has the capacity to do a lot of good for a lot of people who are in pain, who are suffering and are in desperate need of a treatment that can provide relief," Cuomo said during a news conference with lawmakers.


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Doctors would have to undergo training to be eligible to prescribe the drug and could face a felony charge punishable by up to four years of prison if they write fraudulent prescriptions. Patients who sell their prescribed marijuana could face a misdemeanor. Patients will be required to carry registration cards showing they are authorized to possess the drug.

Five registered growing organizations will be allowed up to four dispensaries each throughout the state, with the counties where the marijuana is grown and sold receiving revenue from an excise tax.

Cuomo was initially opposed to medical marijuana earlier in his term but proposed a pilot program in January to allow up to 20 hospitals statewide to administer the drug.

He initially wanted a five-year sunset period to evaluate the new program, but negotiations extended that to seven years.

The legislative session is scheduled to end on Thursday, but lawmakers have not ruled out staying Friday to vote on bills.

Sen. Jeff Klein, who leads a faction of Democrats that control the Senate with the Republicans, said the upper chamber will be voting on the matter before the session concludes.

Savino said she is confident she has the votes from both sides of the aisle needed to pass the measure.