NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4890
SPONSOR: Steck TITLE OF BILL:
An act to amend the cannabis law, in relation to limiting the potency of
cannabis products
PURPOSE:
Limits the potency of cannabis products
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Section 125 of the cannabis law is amended by adding a new
subdivision 13
Section 2: Identifies effective date.
JUSTIFICATION:
The most egregious omission in legalizing adult-use cannabis in New York
State is the absence of any cap on its potency. Every state that has
legalized adult-use cannabis has seen spikes in related emergency room
visits. UCHealth University of Colorado Hospital conducted a study of
emergency room visits following three deaths linked to cannabis over-
doses linked to the consumption of cannabis edibles. Emergency room
records show a three-fold increase in cannabis cases since the state
became the first to allow sales of recreational cannabis in January
2014. Nearly a third of patients were admitted to the hospital with
severe symptoms. In 2012, the ER saw an average of one patient every
other day with a cannabis-related problem. By 2016, the count was two to
three per day, stressing an already burdened health care system. Most
people can use cannabis safely, but with increased availability of high-
er THC concentrations, there have been more adverse drug reactions. The
analysis confirmed that edibles are trouble. Statewide, they made up
less than one percent of total cannabis sales, measured by THC content.
Yet 11 percent of ER visits were triggered by edibles. In the state-
funded study, 2,567 emergency visits at the Denver hospital were caused
by cannabis from 2012-2016. Seventeen percent of the visits were for
uncontrolled bouts of vomiting. It was most often from inhaled cannabis,
not edibles. Twelve percent of the cases were for acute psychosis, where
people without a history of mental disorders lose touch with reality.
That was more frequently seen with edibles.
With an eye towards public health and safety, this legislation imposes a
15 percent cap on any cannabis flower, and a 25 percent cap on the
concentration of the active ingredient delta-9 tetrahydrocannibinol in
all manufactured cannabis products in the state. This bill would
restrict cannabis flower concentration of more than fifteen percent
delta-9 tetrahydrocannabinol; or any cannabis, cannabis product, medical
cannabis or cannabinoid hemp or hemp extract product which has a concen-
tration of more than twenty-five percent delta-9 tetrahydrocannabinol.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect on the one hundred and eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
4890
2023-2024 Regular Sessions
IN ASSEMBLY
February 24, 2023
___________
Introduced by M. of A. STECK, K. BROWN -- read once and referred to the
Committee on Economic Development
AN ACT to amend the cannabis law, in relation to limiting the potency of
cannabis products
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 125 of the cannabis law is amended by adding a new
2 subdivision 13 to read as follows:
3 13. (a) No person shall cultivate, process, distribute for sale or
4 sell at wholesale or retail or deliver to consumers:
5 (i) any cannabis flower which has a concentration of more than fifteen
6 percent delta-9 tetrahydrocannabinol; or
7 (ii) any cannabis, cannabis product, medical cannabis or cannabinoid
8 hemp or hemp extract product which has a concentration of more than
9 twenty-five percent delta-9 tetrahydrocannabinol.
10 (b) Any person who knowingly violates this subdivision is guilty of a
11 class B misdemeanor.
12 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09017-01-3
