STATE OF NEW YORK
2021-2022 Regular Sessions
January 19, 2021
Introduced by M. of A. LUPARDO, GOTTFRIED, PEOPLES-STOKES, DICKENS,
ABINANTI, McDONALD, KELLES, STECK, FERNANDEZ, MORINELLO, TAGUE, BRABE-
NEC, BARRON -- Multi-Sponsored by -- M. of A. HAWLEY -- read once and
referred to the Committee on Health -- reported and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to the sale of canna-
binoid hemp flower
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3398 of the public health law is amended by adding
2 a new subdivision 2-a to read as follows:
3 2-a. "Cannabinoid hemp flower" means the flower of the plant Cannabis
4 sativa L. that has been harvested, dried, and cured, with a delta-9
5 tetrahydrocannabinol concentration (THC) of not more than three-tenths
6 of a percent on a dry weight basis, prior to any processing. Cannabinoid
7 hemp flower shall not include "medical marihuana" as defined in subdivi-
8 sion eight of section thirty-three hundred sixty of this chapter.
9 § 2. Section 3398-c of the public health law is amended by adding a
10 new subdivision 3 to read as follows:
11 3. Retail license holders shall be authorized to sell cannabinoid hemp
12 flower and all other products approved to be sold as cannabinoid hemp
13 products. Retail license holders may only sell cannabinoid hemp flower
14 to a person over twenty-one years of age.
15 § 3. Section 3398-s of the public health law is amended by adding a
16 new subdivision 4 to read as follows:
17 4. Nothing in this article shall prohibit or otherwise prevent the
18 sale of cannabinoid hemp flower.
19 § 4. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.