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A04574 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4574
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2025
                                       ___________
 
        Introduced  by  M. of A. FALL -- read once and referred to the Committee
          on Economic Development
 
        AN ACT to amend the cannabis law, in relation to the sale of cannabinoid
          hemp products; and directing the  office  of  cannabis  management  to
          repeal certain emergency regulations

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The office of cannabis management shall repeal the cannabi-
     2  noid hemp emergency regulations adopted by such  office  on  July  27th,
     3  2025.
     4    §  2.  Subdivisions  52  and  53  of section 3 of the cannabis law are
     5  amended to read as follows:
     6    52. "THC" means Delta-9-tetrahydrocannabinol[;  Delta-8-tetrahydrocan-
     7  nabinol;  Delta-10-tetrahydrocannabinol  and  the optical isomer of such
     8  substances].
     9    53. "Total THC" means the [sum of the percentage by weight  or  volume
    10  measurement  of  tetrahydrocannabinolic  acid multiplied by 0.877, plus,
    11  the percentage by weight or volume measurement of THC] dry weight  total
    12  percentage of Delta-9-tetrahydrocannabinol in each product.
    13    § 3. Section 91 of the cannabis law is amended by adding a new closing
    14  paragraph to read as follows:
    15    Commencing  on  January  first,  two  thousand  twenty-six, a retailer
    16  licensed by the office pursuant to this article or any  applicable  rule
    17  shall  be  permitted  to  sell  any  and  all forms of cannabinoid hemp;
    18  provided that such forms of cannabinoid hemp meet the  requirements  set
    19  forth in this article. The cannabis control board shall have the author-
    20  ity  to  promulgate any rules necessary to ensure the safety of cannabi-
    21  noid hemp, so long as said rules do not infringe  upon  the  ability  of
    22  licensed  hemp  retailers  to sell cannabinoid hemp. Any prior or future
    23  rules, policies, or regulations promulgated by the board  or  any  other
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08734-01-5

        A. 4574                             2
 
     1  rulemaking  body to prohibit the selling of any form of cannabinoid hemp
     2  shall be null and void.
     3    §  4.  Subdivision  13 of section 91 of the cannabis law is amended to
     4  read as follows:
     5    13. Any cannabinoid hemp flower product clearly labeled or  advertised
     6  for  the  purposes  of smoking, or in the form of a cigarette, cigar, or
     7  pre-roll, or packaged or combined with other items designed  to  facili-
     8  tate  smoking such as rolling papers or pipes, shall only be offered for
     9  sale [in adult-use cannabis retail  dispensaries  licensed  pursuant  to
    10  article  four  of  this  chapter] to persons twenty-one years of age and
    11  older.
    12    § 5. Subdivision 2 of section 103 of the cannabis law  is  amended  to
    13  read as follows:
    14    2.  [The  board  may,  by rules and regulations, require processors to
    15  establish a code, including, but not limited to QR code, for labels  and
    16  establish  methods  and  procedures for determining, among other things,
    17  serving sizes or dosages for cannabinoid hemp, hemp extract and products
    18  derived therefrom, active cannabinoid concentration  per  serving  size,
    19  number of servings per container, and the growing region, state or coun-
    20  try  of origin if not from the United States. Such rules and regulations
    21  may require an appropriate fact panel that incorporates  data  regarding
    22  serving  sizes  and  potency  thereof] Notwithstanding any law, rule, or
    23  regulation to the contrary, all hemp-derived cannabinoid products  shall
    24  meet the following labeling requirements:
    25    (a) nutrition label with serving size;
    26    (b) a warning label that the product is not meant to treat or cure any
    27  medical ailment and that it is not regulated by the FDA;
    28    (c)  the amount of hemp-derived product in each serving of the product
    29  in milligrams; and
    30    (d) the address of the manufacturer or distributor.
    31    § 6. This act shall take effect immediately.
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