A08297 Summary:

BILL NO    A08297 

SAME AS    SAME AS S05978

SPONSOR    Lupardo

COSPNSR    Gottfried, Jaffee, Peoples-Stokes, Crouch, Gunther, Katz, Sepulveda

MLTSPNSR   Brook-Krasny, Glick, Jacobs, Magee, McLaughlin, Schimel, Skartados

Ren Art 27 SS450 - 455 to be Art 30 SS550 - 555, add Art 29 SS505 - 508, Ag &
Mkts L; amd S3397-b, Pub Health L

Establishes procedures for the growing of industrial hemp.
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A08297 Actions:

BILL NO    A08297 

12/06/2013 referred to agriculture
01/08/2014 referred to agriculture
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A08297 Votes:

There are no votes for this bill in this legislative session.
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A08297 Memo:

BILL NUMBER:A8297

TITLE OF BILL:  An act to amend the agriculture and markets law and
the public health law, in relation to establishing procedures for the
growing of industrial hemp

PURPOSE:

To establish policies and procedures for the growing of industrial
hemp in the state so that farmers and other businesses in the
agricultural industry can take advantage of this market opportunity
when federal regulations permit.

SUMMARY OF PROVISIONS:

Section 1 outlines legislative intent.

Section 2 adds a new article 29 to the agriculture and markets law
establishing licensing, inspection and reporting procedures for the
crowing of industrial hemp.

Section 3 redefines "'marijuana" so that the term would exclude
biologically-related industrial hemp as long as the plant is not
cultivated or processed for any marijuana uses.

Section 4 is the effective date

JUSTIFICATION:

Industrial hemp production would offer significant new economic
opportunities for New York State, Over 30 countries grow and process
industrial hemp, including Canada, Germany, England and France.
Currently, in the United States, the Controlled Substance Act makes it
illegal to raise industrial hemp (Cannabis saliva) commercially
without a permit from the Drug Enforcement Agency(DEA),

In an effort to take advantage of opportunities presented by hemp
production, ten states have now legalized its production when
permitted under federal regulations, with California being the most
recent to act in October of 2013. Many of these states are actively
pursuing licensure by the DEA. This legislation would ensure that New
York was positioned to take advantage of this new market should
federal policy permit.

Industrial hemp and marijuana are both classified by taxonomists as
Cannabis saliva, a species with hundreds of varieties. C. saliva is a
member of the mulberry family. However, industrial hemp is bred to
maximize fiber, seed and/or oil, while marijuana varieties seek to
maximize TI-IC (delta 9 tetrahydrocannabinol, the primary psychoactive
ingredient in marijuana), industrial hemp has a THC content of between
0.05 and 1%. Marijuana has a THC content of 3% to 20%.  Industrial
hemp had numerous uses. The major market for industrial hemp is as a
food or supplement as it is rich in protein and Omega fatty acids, and
has a high fiber content. The clothing industry also produce apparel
and accessories from industrial hemp and hemp blended fabrics. Auto
manufacturers use durable, green hemp composites and fabrics when
feasible. Industrial hemp can also be used for building materials,


plant based plastics, and paper products. Hemp can produce
significantly hither yields than competing crops, producing twice as
much fiber per acre as cotton.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None

LOCAL FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

90 days after becoming law.
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A08297 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         8297

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   December 6, 2013
                                      ___________

       Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
         tee on Agriculture

       AN ACT to amend the agriculture and markets law and  the  public  health
         law,  in relation to establishing procedures for the growing of indus-
         trial hemp

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Legislative  intent.  The  legislature  hereby  finds and
    2  declares that it is necessary to establish policy and procedures for the
    3  growing of industrial hemp in the state so that farmers and other  busi-
    4  nesses  in  the  agricultural industry can take advantage of this market
    5  opportunity when federal regulations permit.
    6    S 2. Article 27 and sections 450, 451, 452, 453, 454 and  455  of  the
    7  agriculture  and  markets law, as renumbered by chapter 1047 of the laws
    8  of 1965, are renumbered article 30 and sections 550, 551, 552, 553, 554,
    9  and 555 respectively and a new article 29 is added to read as follows:
   10                                 ARTICLE 29
   11                          GROWTH OF INDUSTRIAL HEMP
   12  SECTION 505. DEFINITIONS.
   13          506. GROWTH OF INDUSTRIAL HEMP PERMITTED.
   14          507. LICENSES TO INDUSTRIAL HEMP GROWERS.
   15          508. REVOCATION AND SUSPENSION OF LICENSE.
   16    S 505. DEFINITIONS. AS USED IN THIS ARTICLE:
   17    1. "GROWER" MEANS ANY PERSON OR BUSINESS ENTITY LICENSED WHO IS GRANT-
   18  ED A LICENSE UNDER THIS ARTICLE BY THE COMMISSIONER TO  GROW  INDUSTRIAL
   19  HEMP.
   20    2.  "HEMP  PRODUCTS"  MEANS  ALL  PRODUCTS  MADE FROM INDUSTRIAL HEMP,
   21  INCLUDING BUT NOT LIMITED TO CLOTH, CORDAGE, FIBER, FOOD,  FUEL,  PAINT,
   22  PAPER,  PARTICLE  BOARD, PLASTICS, SEED, SEED MEAL, SEED OIL, AND CERTI-
   23  FIED SEED FOR CULTIVATION IF SUCH SEEDS ORIGINATE FROM  INDUSTRIAL  HEMP
   24  VARIETIES.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11283-03-3
       A. 8297                             2

    1    3.  "INDUSTRIAL  HEMP"  MEANS  VARIETIES  OF THE PLANT CANNABIS SATIVA
    2  HAVING NO MORE THAN THREE TENTHS OF  ONE  PERCENT  TETRAHYDROCANNABINOL,
    3  WHETHER  GROWING  OR NOT, THAT ARE CULTIVATED OR POSSESSED BY A LICENSED
    4  GROWER IN COMPLIANCE WITH THIS ARTICLE.
    5    4.  "HEMP"  MEANS  THE  PLANT  CANNABIS  SATIVA L. AND ANY PART OF THE
    6  PLANT, WHETHER GROWING  OR  NOT,  WITH  A  DELTA-9  TETRAHYDROCANNABINOL
    7  CONCENTRATION  OF  NOT  MORE  THAN  THREE TENTHS OF ONE PERCENT ON A DRY
    8  WEIGHT BASIS.
    9    5. "COMMISSIONER" MEANS THE COMMISSIONER OF AGRICULTURE AND MARKETS.
   10    S 506. GROWTH OF INDUSTRIAL HEMP  PERMITTED.  INDUSTRIAL  HEMP  IS  AN
   11  AGRICULTURAL  PRODUCT  WHICH  MAY  BE  GROWN,  PRODUCED,  POSSESSED, AND
   12  COMMERCIALLY TRADED IN THE STATE PURSUANT  TO  THE  PROVISIONS  OF  THIS
   13  ARTICLE.
   14    S  507. LICENSES TO INDUSTRIAL HEMP GROWERS. 1. ANY PERSON OR BUSINESS
   15  ENTITY WISHING TO ENGAGE IN THE PRODUCTION OF INDUSTRIAL  HEMP  MUST  BE
   16  LICENSED  AS  AN  INDUSTRIAL  HEMP  GROWER BY THE COMMISSIONER. A PERSON
   17  SHALL NOT GROW HEMP IN THIS STATE UNTIL HE OR SHE OBTAINS A LICENSE FROM
   18  THE COMMISSIONER.   A LICENSE  FROM  THE  COMMISSIONER  SHALL  AUTHORIZE
   19  INDUSTRIAL  HEMP  PRODUCTION  ONLY  AT  A SITE OR SITES SPECIFIED BY THE
   20  LICENSE.
   21    2. A LICENSE FROM THE COMMISSIONER  SHALL  BE  VALID  FOR  TWENTY-FOUR
   22  MONTHS  UP  TO  THIRTY-SIX  MONTHS  FROM THE DATE OF ISSUANCE AND MAY BE
   23  RENEWED BUT SHALL NOT BE TRANSFERABLE.
   24    3. (A) THE COMMISSIONER SHALL OBTAIN A RECORD OF  CONVICTIONS  IN  THE
   25  STATE  AND  OTHER  JURISDICTIONS FOR ANY APPLICANT FOR A LICENSE WHO HAS
   26  GIVEN WRITTEN AUTHORIZATION ON THE APPLICATION FORM. CONVICTION  RECORDS
   27  PROVIDED  TO  THE  COMMISSIONER  UNDER THIS SECTION ARE CONFIDENTIAL AND
   28  SHALL BE USED ONLY TO DETERMINE THE APPLICANT'S ELIGIBILITY  FOR  LICEN-
   29  SURE.
   30    (B)  A  PERSON WHO HAS BEEN CONVICTED IN THE STATE OF A FELONY OFFENSE
   31  OR A COMPARABLE OFFENSE IN ANOTHER JURISDICTION SHALL  NOT  BE  ELIGIBLE
   32  FOR A LICENSE UNDER THIS ARTICLE.
   33    4. WHEN APPLYING FOR A LICENSE PERMIT FROM THE COMMISSIONER, AN APPLI-
   34  CANT  SHALL PROVIDE INFORMATION SUFFICIENT TO DEMONSTRATE TO THE COMMIS-
   35  SIONER THAT THE APPLICANT INTENDS TO GROW  AND  IS  CAPABLE  OF  GROWING
   36  INDUSTRIAL  HEMP  IN  ACCORDANCE  WITH  THIS ARTICLE, WHICH AT A MINIMUM
   37  SHALL INCLUDE:
   38    (A) FILING WITH THE COMMISSIONER A SET  OF  CLASSIFIABLE  FINGERPRINTS
   39  AND WRITTEN AUTHORIZATION PERMITTING THE DEPARTMENT TO GENERATE A RECORD
   40  OF CONVICTIONS AS REQUIRED BY PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
   41  SECTION.
   42    (B) FILING WITH THE COMMISSIONER DOCUMENTATION CERTIFYING:
   43    (I)  THAT  THE  SEEDS  OBTAINED FOR PLANTING ARE OF A TYPE AND VARIETY
   44  COMPLIANT WITH THE MAXIMUM  CONCENTRATION  OF  TETRAHYDROCANNABINOL  SET
   45  FORTH IN SUBDIVISION THREE OF SECTION FIVE HUNDRED FIVE OF THIS ARTICLE;
   46  AND
   47    (II)  FILING  WITH  THE  COMMISSIONER  THE LOCATION AND ACREAGE OF ALL
   48  PARCELS SOWN AND OTHER FIELD REFERENCE INFORMATION AS MAY BE REQUIRED BY
   49  THE COMMISSIONER.
   50    5. TO QUALIFY FOR A LICENSE FROM THE COMMISSIONER, AN APPLICANT  SHALL
   51  DEMONSTRATE  TO  THE SATISFACTION OF THE COMMISSIONER THAT THE APPLICANT
   52  HAS ADOPTED METHODS TO ENSURE THE LEGAL PRODUCTION OF  INDUSTRIAL  HEMP,
   53  WHICH AT A MINIMUM SHALL INCLUDE:
   54    (A)  ENSURING  THAT ALL PARTS OF THE INDUSTRIAL HEMP PLANT THAT DO NOT
   55  ENTER THE STREAM OF COMMERCE AS HEMP PRODUCTS  ARE  DESTROYED,  INCORPO-
   56  RATED INTO THE SOIL, OR OTHERWISE PROPERLY DISPOSED OF; AND
       A. 8297                             3

    1    (B) MAINTAINING RECORDS THAT REFLECT COMPLIANCE WITH THE PROVISIONS OF
    2  THIS  ARTICLE  AND WITH ALL OTHER STATE LAWS REGULATING THE PLANTING AND
    3  CULTIVATION OF INDUSTRIAL HEMP.
    4    6. EVERY GROWER SHALL MAINTAIN ALL PRODUCTION AND SALES RECORDS FOR AT
    5  LEAST THREE YEARS.
    6    7.  EVERY GROWER SHALL ALLOW INDUSTRIAL HEMP CROPS, THROUGHOUT SOWING,
    7  GROWING SEASON, HARVEST, STORAGE, AND PROCESSING, TO BE INSPECTED BY AND
    8  AT THE DISCRETION OF THE COMMISSIONER OR HIS OR HER DESIGNEE.
    9    S 508. REVOCATION AND SUSPENSION OF LICENSE. 1. THE  COMMISSIONER  MAY
   10  DENY, SUSPEND, REVOKE, OR REFUSE TO RENEW THE LICENSE OF ANY GROWER WHO:
   11    (A) MAKES A FALSE STATEMENT OR MISREPRESENTATION ON AN APPLICATION FOR
   12  A LICENSE OR RENEWAL OF A LICENSE; OR
   13    (B)  FAILS TO COMPLY WITH OR VIOLATES ANY PROVISION OF THIS ARTICLE OR
   14  ANY RULE ADOPTED UNDER IT.
   15    2. REVOCATION OR SUSPENSION OF A LICENSE MAY BE  IN  ADDITION  TO  ANY
   16  CIVIL  OR  CRIMINAL PENALTIES IMPOSED ON A GROWER FOR A VIOLATION OF ANY
   17  OTHER STATE LAW.
   18    S 3. Subdivision 1 of section 3397-b of  the  public  health  law,  as
   19  added by chapter 810 of the laws of 1980, is amended to read as follows:
   20    1.  "Marijuana"  means  marijuana  as  defined in section thirty-three
   21  hundred two of this chapter [and shall also  include  tetrahydrocannabi-
   22  nols or a chemical derivative of tetrahydrocannabinol].
   23    S  4.  This  act shall take effect on the ninetieth day after it shall
   24  have become a law; provided, however, that  effective  immediately,  the
   25  addition,  amendment  and/or  repeal of any rule or regulation necessary
   26  for the implementation of this act on its effective date are  authorized
   27  and directed to be made and completed on or before such effective date.
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