S05978 Summary:

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.
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S05978 Actions:

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S05978 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                    IN SENATE
                                    November 4, 2013
        Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the agriculture and markets law and  the  public  health
          law,  in relation to establishing procedures for the growing of indus-
          trial hemp

          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    § 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    § 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
    19  hemp.
    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
    24  varieties.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5978                             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    § 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
    13  article.
    14    §  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
    20  license.
    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-
    29  sure.
    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
    41  section.
    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;
    46  and
    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

        S. 5978                             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    § 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    § 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    §  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.
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