Relates to cannabinoid hemp retail sales and retailers; makes technical changes to the definition of THC; provides specific requirements for labeling of cannabinoid hemp products.
STATE OF NEW YORK
________________________________________________________________________
4910
2023-2024 Regular Sessions
IN SENATE
February 17, 2023
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the cannabis law, in relation to cannabinoid hemp retail
sales and retailers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 52 and 53 of section 3 of the cannabis law are
2 amended to read as follows:
3 52. "THC" means Delta-9-tetrahydrocannabinol[; Delta-8-tetrahydrocan-
4 nabinol; Delta-10-tetrahydrocannabinol and the optical isomer of such
5 substances].
6 53. "Total THC" means the [sum of the percentage by weight or volume
7 measurement of tetrahydrocannabinolic acid multiplied by 0.877, plus,
8 the percentage by weight or volume measurement of THC] dry weight total
9 percentage of Delta-9-tetrahydrocannabinol in each product.
10 § 2. The opening paragraph and subdivision 13 of section 91 of the
11 cannabis law is amended to read as follows:
12 The board, without infringing on licensed retailers, may make regu-
13 lations pursuant to this article for the processing, distribution,
14 marketing, transportation and sale of cannabinoid hemp and hemp extracts
15 used for human consumption, which may include, but not be limited to:
16 13. Any cannabinoid hemp flower product clearly labeled or advertised
17 for the purposes of smoking, or in the form of a cigarette, cigar, or
18 pre-roll, or packaged or combined with other items designed to facili-
19 tate smoking such as rolling papers or pipes, shall only be offered for
20 sale [in adult-use cannabis retail dispensaries licensed pursuant to
21 article four of this chapter] to those individuals twenty-one years of
22 age and older.
23 § 3. Subdivision 2 of section 103 of the cannabis law is amended to
24 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09327-01-3
S. 4910 2
1 2. The board may, by rules and regulations, require processors to
2 establish a code, including, but not limited to QR code, for labels and
3 establish methods and procedures for determining, among other things,
4 serving sizes or dosages for cannabinoid hemp, hemp extract and products
5 derived therefrom, active cannabinoid concentration per serving size,
6 number of servings per container, and the growing region, state or coun-
7 try of origin if not from the United States. Such rules and regulations
8 may require an appropriate fact panel that incorporates data regarding
9 serving sizes and potency thereof; provided, however, and notwithstand-
10 ing any statute, rule, or regulation to the contrary, all hemp-derived
11 cannabinoid products shall meet the following labeling requirements:
12 (a) a nutrition label with serving size;
13 (b) a warning label that the product is not meant to treat or cure any
14 medical ailment and that such product is not regulated by the FDA;
15 (c) the amount of hemp derived product in each serving of the product
16 in milligrams; and
17 (d) the address of the manufacturer or distributor.
18 § 4. This act shall take effect immediately.
