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New York Cannabis Laws and Regulations 2021
New York Cannabis Laws and Regulations 2021
New York Cannabis Laws and Regulations 2021
Ebook658 pages7 hours

New York Cannabis Laws and Regulations 2021

By Omar Figueroa

()

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About this ebook

This book is indispensable for everyone who needs to understand the rules of the cannabis game in the Empire State.

In this book, one will find:

  • A carefully curated compendium designed to give the reader a deep understanding of the laws and regulations which govern cannabis and hemp in New York
  • A Table of Contents with d
LanguageEnglish
PublisherLux Law Publishing
Release dateApr 20, 2021
ISBN9798985682625
New York Cannabis Laws and Regulations 2021
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    Book preview

    New York Cannabis Laws and Regulations 2021 - Omar Figueroa

    Part 1: Laws

    I. Agriculture and Markets Law

    ARTICLE 29. GROWTH OF HEMP

    Agriculture and Markets Law § 505. Definitions.

    As used in this article:

    1. Hemp means the plant Cannabis sativa L. and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of a percent on a dry weight basis.

    2. Institution of higher education means:

    (a) any of the colleges and universities described in subdivision three of section three hundred fifty-two of the education law;

    (b) a college established and operated pursuant to the provisions of article one hundred twenty-six of the education law, and providing two-year or four-year post-secondary programs in general and technical educational subjects and receiving financial assistance from the state;

    (c) the city university of New York, as defined in subdivision two of section sixty-two hundred two of the education law; and

    (d) a not-for-profit two or four-year university or college given the power to confer associate, baccalaureate or higher degrees in this state by the legislature or by the regents under article five of the education law.

    3. License means a license, permit or registration issued pursuant to this article.

    4. Processing of hemp in connection with its growing and cultivation means the growing, cultivation, cloning, harvesting, drying, curing, grinding and trimming of hemp plants.

    Agriculture and Markets Law § 506. Growth, sale, distribution, transportation and processing of hemp and products derived from such hemp permitted.

    1. Notwithstanding any provision of law to the contrary, hemp and products derived from such hemp are agricultural products which may be grown, cultivated, produced, processed, manufactured, possessed in the state, and sold, distributed, or transported in the state, pursuant to authorization under federal law, the provisions of this article, article thirty-three-B of the public health law or any other state law.

    2. Notwithstanding any provision of law to the contrary restricting the growing or cultivating, processing, manufacturing, sale, distribution or transportation of hemp and products derived from such hemp, and subject to authorization of the growth and cultivation of hemp under federal law, the commissioner may: (a) authorize the growing, cultivating, processing and manufacturing of hemp as part of agricultural pilot programs conducted by the department or an institution of higher education to study the growth and cultivation, sale, distribution, transportation, processing and manufacturing of such hemp and products derived from such hemp provided that the sites and programs used for growing or cultivating hemp are authorized by, and registered with, the department; and (b) license the growth and cultivation of hemp, including the processing of hemp in connection with its growing and cultivation, and the sale of hemp plants or hemp seed.

    Agriculture and Markets Law § 507. Prohibitions.

    1. Except as authorized by federal and state law, and rules and regulations promulgated thereunder, the growth, cultivation, sale, distribution or export of hemp is prohibited.

    2. Hemp produced outside the state and sold or distributed in the state shall meet all standards established for hemp under state law, rules and regulations.

    Agriculture and Markets Law § 508. Regulations.

    The commissioner is hereby authorized to adopt, amend, promulgate and issue rules and regulations consistent with the provisions of this article, including, but not limited to:

    1. The authorization or licensing of any person who may acquire or possess hemp plants or viable seeds, grow or cultivate hemp plants, or sell, purchase, distribute, or transport such plants, plant parts, or seeds;

    2. Reasonable license fees and duration of licensure, which shall be at least three years;

    3. Maintaining relevant information regarding land on which hemp is produced within the state, including the legal description of the land and its latitude and longitude, for a period of not less than three calendar years;

    4. The procedure for testing of hemp produced in the state for delta-9 tetrahydrocannabinol levels, using post decarboxylation, other similarly reliable methods, or any other method authorized by the United States department of agriculture;

    5. Procedures for effective disposal of hemp plants or products derived from hemp that are produced in violation of this article or its rules and regulations;

    6. Procedures for conducting sampling of hemp to verify that hemp is not produced in violation of this article or its rules and regulations;

    7. Such other matters that are necessary or appropriate for the state to obtain approval from the United States department of agriculture to assume primary regulatory authority over the production of hemp, pursuant to federal law;

    8. Such other matters that are necessary or appropriate for the administration of agricultural pilot programs of the department or institutions of higher education or the regulation of program participants or their activities;

    9. Record keeping and any reporting requirements;

    10. Reasonably necessary security measures;

    11. Standards, practices or requirements for the growth, cultivation and the processing of hemp in connection with its cultivation, as necessary, depending upon the hemp’s intended use; or

    12. Such other rules and regulations as the commissioner deems appropriate or necessary.

    Agriculture and Markets Law § 509. Hemp grower’s authorization, license; fees; requirements.

    1. No person shall:

    (a) grow, cultivate, process, produce, sell or distribute hemp in the state unless authorized by the commissioner as part of an agricultural research pilot program established under this article; or

    (b) grow, cultivate and process hemp in connection with its growing and cultivation or sell hemp plants or hemp seed unless licensed by the commissioner. Mere transportation, such as by common carrier or another entity or individual, does not constitute activity subject to licensing under this article.

    2. A hemp grower license does not authorize the processing or retail sale of hemp for human consumption, as defined in section thirty-three hundred ninety-eight of the public health law, unless the licensee also obtains a cannabinoid hemp processor license, cannabinoid hemp retailer license, or any other license required pursuant of article thirty-three-B of the public health law.

    3. Applications for licenses, authorizations or a modification thereof, as set out in regulation, shall be upon a form specified by the commissioner, accompanied by a reasonable application fee for new applications or significant modifications to an application, which shall be established by regulation and which may be made non-refundable by regulation.

    4. The commissioner may also assess a reasonable authorization or licensing fee established by regulation, scaled to cover the estimated, or if known, actual costs of inspections, regula