Colton, Buttenschon, Simon, Gray, Lemondes, Brown K
MLTSPNSR
Amd §§3, 84, 85, 125, 83, 81 & 86, Cannabis L
Prohibits the cultivation, processing, distribution and sale of edible cannabis products, flavored cannabis vape cartridges and other flavored cannabis products; prohibits the use of food-related names in the labeling or packaging of cannabis products; prohibits the use of food-related names in the advertisement of cannabis products.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6174
SPONSOR: Pretlow TITLE OF BILL:
An act to amend the cannabis law, in relation to prohibiting the culti-
vation, processing, distribution and sale of edible cannabis products,
flavored cannabis vape cartridges and other flavored cannabis products,
and providing restrictions on the labeling and advertisement of flavored
cannabis products
PURPOSE OR GENERAL IDEA OF BILL:
Prohibits the cultivation, processing, distribution and sale of edible
cannabis products, flavored cannabis vape cartridges, and other flavored
cannabis products, and restricts cannabis labeling and advertisement
JUSTIFICATION:
Flavored cannabis products are specifically created to entice younger
users. Cannabis companies even go so far as to use the same flavoring
chemicals and makeup contained in popular kid's candy brands to entice
youth to use their products. Reports have also shown that cannabis
companies target stores near schools to attract younger demographics. By
marketing these products to a younger generation, the newly legalized
cannabis industry hopes to create long-term users to enhance their
revenue stream, regardless of the effects upon their users. New York has
already taken steps to address flavored tobacco products by banning
flavored e-cigarettes, but we need to do the same for flavored cannabis
products. Additionally this legislation would restrict the labeling,
packing and advertisement of cannabis products by prohibiting cannabis
companies from targeting children or other minors via specific advertis-
ing strategies.
LEGISLATIVE HISTORY:
2022-2023 New Bill
FISCAL IMPLICATION:
None to the State
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
6174
2023-2024 Regular Sessions
IN ASSEMBLY
April 3, 2023
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the cannabis law, in relation to prohibiting the culti-
vation, processing, distribution and sale of edible cannabis products,
flavored cannabis vape cartridges and other flavored cannabis
products, and providing restrictions on the labeling and advertisement
of flavored cannabis products
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3 of the cannabis law is amended by adding a new
2 subdivision 24-a to read as follows:
3 24-a. "Edible cannabis product" means cannabis in a consumable form
4 including, but not limited to, candy products, baked goods, chips,
5 crackers and drinks.
6 § 2. Subdivision 1 of section 84 of the cannabis law is amended by
7 adding two new paragraphs (a) and (b) to read as follows:
8 (a) No distributor shall sell or distribute any edible cannabis prod-
9 uct.
10 (b) No distributor shall sell or distribute any flavored cannabis vape
11 cartridge.
12 § 3. Subdivision 3 of section 85 of the cannabis law is amended by
13 adding two new paragraphs (a) and (b) to read as follows:
14 (a) No cannabis retail licensee shall sell, deliver, or give away or
15 cause or permit or procure to be sold, delivered or given away any
16 edible cannabis product.
17 (b) No cannabis retail licensee shall sell, deliver, or give away or
18 cause or permit or procure to be sold, delivered or given away any
19 flavored vape cartridge.
20 § 4. Subdivision 1 of section 125 of the cannabis law is amended by
21 adding two new paragraphs (a) and (b) to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10334-01-3
A. 6174 2
1 (a) No registered organization, licensee, or permittee or other entity
2 under the jurisdiction of the board shall sell, deliver or give away, or
3 cause, permit or procure to be sold, delivered or given away any edible
4 cannabis product.
5 (b) No registered organization, licensee, or permittee or other entity
6 under the jurisdiction of the board shall sell, deliver or give away, or
7 cause, permit or procure to be sold, delivered or given away any
8 flavored cannabis vape cartridge.
9 § 5. Section 83 of the cannabis law is amended by adding a new subdi-
10 vision 11 to read as follows:
11 11. (a) No cultivator of adult-use cannabis shall grow or clone any
12 cannabis plant which is flavored by the infusion of added terpenes.
13 (b) No processor of adult-use cannabis shall extract, blend, infuse or
14 otherwise manufacture any cannabis product with added terpenes for
15 flavor.
16 (c) For purposes of this subdivision, the term "terpene" shall include
17 cannabis-derived terpenes, naturally-derived terpenes, including but not
18 limited to lavender, citrus and pine needles, and synthetically-derived
19 terpenes.
20 § 6. Section 81 of the cannabis law is amended by adding a new subdi-
21 vision 8 to read as follows:
22 8. Such rules and regulations shall include the prohibition of product
23 labeling or packaging that reflects the name of or a type of food.
24 Cultivators and processors of cannabis may distinguish between types of
25 cannabis by assigning different names to different varieties, so long as
26 such names do not include any references to food.
27 § 7. Paragraph (d) of subdivision 2 of section 86 of the cannabis law
28 is amended to read as follows:
29 (d) is designed in any way to appeal to children or other minors,
30 including but not limited to, giving cannabis products food-related
31 names;
32 § 8. This act shall take effect on the thirtieth day after it shall
33 have become a law. Effective immediately, the addition, amendment and/or
34 repeal of any rule or regulation necessary for the implementation of
35 this act on its effective date are authorized to be made and completed
36 on or before such effective date.
