BILL NO A08297
SAME AS SAME AS S05978
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.
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
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
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.
LOCAL FISCAL IMPLICATIONS:
90 days after becoming law.
S T A T E O F N E W Y O R K
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-
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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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
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
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-
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
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;
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.