New York Releases Proposed Hemp Cannabinoid Regulations

By Michelle Bodian

Oct 29, 2020

New York State Department of Health (DOH) published draft regulations for the processing and retail sale of cannabinoid hemp. The 63-page draft regulations are one of the most comprehensive in the nation and:

1. Establish licensure, application, and operational requirements for cannabinoid hemp processors (extraction and manufacturing) in New York;

2. List the requirements applicable to cannabinoid hemp retailers in New York;

3. Describe the department’s criteria and process for application approval, renewal and transfers of licenses;

4. Outline the cannabinoid hemp product retail requirements, packaging and labeling requirements, and laboratory testing requirements;

5. Establish advertising requirements for cannabinoid hemp processors and retailers; and

6. Outline general prohibitions including penalties for non-compliance.

The public comment period officially opens on November 10, 2020, and will close on January 11, 2021. VS is digging deeper into these proposed regulations, but for now, here are some highlights:

Products

• • Food, beverage, and inhalable products containing CBD may be sold in New York

  • Flower products are prohibited

Hemp Extract

• • Hemp extract may be transported between licensed processors as long as the THC content is below 3%

THC and Cannabinoid Limitation

• • DOH may impose a THC limit in milligrams per serving or milligrams per package based on the product form, volume, number of servings, and ratio of CBD to THC

  • Food and beverage products must not contain more than 25 milligrams of total cannabinoids per product

  • Supplements may not contain more than 3,000 milligrams of total cannabinoids per product

Retail Registration

• • Online retailers and brick and mortar stores are required to register each retail facility

Please reach out to a member of the hemp team, especially our attorneys located in New York, if you would like to submit a comment or discuss the potential impact of these regulations on your business.

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