NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9047
SPONSOR: Fall TITLE OF BILL:
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
PURPOSE:
This legislation aims to enhance the New York State cannabis market by
establishing legal clarity for hemp products and constructing a compre-
hensive regulatory framework. The bill seeks to prevent industry monopo-
lies, align state law with the 2018 federal Farm Bill regarding hemp,
and safeguard the well-being of hemp consumers.
SUMMARY OF SPECIFIC PROVISIONS:
1. * Codifying the 2018 Farm Bill:* This section solidifies the amend-
ments introduced by the 2018 Farm Bill, ensuring that hemp, as defined
under the statute, faces no bans.
2. * Constructing a Proper Regulatory Framework:* The bill amends the
Marihuana Regulation and Taxation Act (MRTA) to redefine the regulatory
framework for hemp products. Specific labeling requirements for hemp-
derived cannabinoid products are outlined, emphasizing transparency and
consumer safety.
JUSTIFICATION:
Following the passage of the MRTA in 2021, New York State emerged as a
leader in the cannabis industry. This legislation aims to extend equal
justice to hemp, a federally legal substance. It argues that licensed
businesses should be allowed to distribute hemp-derived cannabinoid
products safely, promoting a free market for the hemp industry and
preventing monopolies within marijuana dispensaries.
Prosecuting individuals for possessing or distributing federally legal
hemp products is deemed unjust and harmful to marginalized groups. The
bill highlights the economic opportunities provided by the cannabis
industry, especially for younger, low-income New Yorkers. Banning hemp-
derived products is seen as counterproductive, potentially reducing
profits for smaller retailers and jeopardizing jobs.
The legislation emphasizes that banning hemp products does not enhance
safety but, conversely, exposes consumers to risks associated with
unregulated products. Ensuring public accessibility to regulated canna-
binoid hemp products is crucial for consumer safety, especially when
sold by licensed dealers within a licensed and regulated framework.
EXISTING LAW:
The Marihuana Regulation and Taxation Act (MRTA) Article 5, Section 91,
subsection 14 is the current regulatory framework for cannabis in New
York
FISCAL IMPLICATIONS:
This bill would aid in generating sales for those in the hemp/marijuana
business and provide a safe practice of hemp utilization.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9047
IN ASSEMBLY
February 5, 2024
___________
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 2023.
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-four, 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
24 rulemaking body to prohibit the selling of any form of cannabinoid hemp
25 shall be null and void.
26 § 4. Subdivision 13 of section 91 of the cannabis law is amended to
27 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13669-01-3
A. 9047 2
1 13. Any cannabinoid hemp flower product clearly labeled or advertised
2 for the purposes of smoking, or in the form of a cigarette, cigar, or
3 pre-roll, or packaged or combined with other items designed to facili-
4 tate smoking such as rolling papers or pipes, shall only be offered for
5 sale [in adult-use cannabis retail dispensaries licensed pursuant to
6 article four of this chapter] to persons twenty-one years of age and
7 older.
8 § 5. Subdivision 2 of section 103 of the cannabis law is amended to
9 read as follows:
10 2. [The board may, by rules and regulations, require processors to
11 establish a code, including, but not limited to QR code, for labels and
12 establish methods and procedures for determining, among other things,
13 serving sizes or dosages for cannabinoid hemp, hemp extract and products
14 derived therefrom, active cannabinoid concentration per serving size,
15 number of servings per container, and the growing region, state or coun-
16 try of origin if not from the United States. Such rules and regulations
17 may require an appropriate fact panel that incorporates data regarding
18 serving sizes and potency thereof] Notwithstanding any law, rule, or
19 regulation to the contrary, all hemp-derived cannabinoid products must
20 meet the following labeling requirements:
21 (a) nutrition label with serving size;
22 (b) a warning label that the product is not meant to treat or cure any
23 medical ailment and that it is not regulated by the FDA;
24 (c) the amount of hemp-derived product in each serving of the product
25 in milligrams; and
26 (d) the address of the manufacturer or distributor.
27 § 6. This act shall take effect immediately.
