STATE OF NEW YORK
________________________________________________________________________
10195
IN ASSEMBLY
March 22, 2018
___________
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 the definitions of industrial hemp, concentrated
cannabis, and marihuana
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 505 of the agriculture and markets
2 law, as added by chapter 524 of the laws of 2014, is amended to read as
3 follows:
4 1. "Industrial hemp" means the [plant] genus Cannabis [sativa L.] and
5 [any part] all parts and varieties of such [plant] genus, whether grow-
6 ing or not, with a delta-9 tetrahydrocannabinol concentration of not
7 more than 0.3 percent on a dry weight basis. Industrial hemp does not
8 include plants of the genus Cannabis that meet the definitions of
9 "concentrated cannabis" or "marihuana" as defined in subdivisions four
10 and twenty-one of section thirty-three hundred two of the public health
11 law respectively.
12 § 2. Paragraph (a) of subdivision 4 of section 3302 of the public
13 health law, as added by chapter 878 of the laws of 1972 and as renum-
14 bered by chapter 537 of the laws of 1998, is amended to read as follows:
15 (a) the separated resin, whether crude or purified, obtained from a
16 plant of the genus Cannabis with a delta-9 tetrahydrocannabinol concen-
17 tration greater than 0.3 percent on a dry weight basis; or
18 § 3. Subdivision 21 of section 3302 of the public health law, as added
19 by chapter 878 of the laws of 1972 and as renumbered by chapter 537 of
20 the laws of 1998, is amended to read as follows:
21 21. "Marihuana" means all parts of the plant of the genus Cannabis,
22 whether growing or not, with a delta-9 tetrahydrocannabinol concen-
23 tration greater than 0.3 percent on a dry weight basis; the seeds there-
24 of; the resin extracted from any part of the plant; and every compound,
25 manufacture, salt, derivative, mixture, or preparation of the plant, its
26 seeds or resin. It does not include: (a) the mature stalks of the plant,
27 fiber produced from the stalks, oil or cake made from the seeds of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15219-01-8
A. 10195 2
1 plant, any other compound, manufacture, salt, derivative, mixture, or
2 preparation of the mature stalks (except the resin extracted therefrom),
3 fiber, oil, or cake, or the sterilized seed of the plant which is inca-
4 pable of germination; or (b) industrial hemp as defined in section five
5 hundred five of the agriculture and markets law.
6 § 4. This act shall take effect immediately.
