Close

New York Hemp: Two Deadlines Approaching

By Andrew Kingsdale

February 16, 2022

Whether your hemp-related business currently operates in New York or is considering entering that market, two key deadlines approach.  First, March 7, 2022 is the last day to submit public comments on certain proposed changes to New York’s cannabinoid hemp regulations.  Second, all hemp licensees have until April 25, 2022 to come into compliance with new hemp product packaging and labeling requirements.

Further context and details follow.

Proposed Changes to Cannabinoid Hemp Regulations

On December 16, 2021, New York’s Cannabis Control Board proposed certain amendments to the existing cannabinoid hemp regulations, and comments on them are due by March 7, 2022.  The proposed amendments include: 

  1. New “craft” designation for products: under the proposal, “Craft means a cannabinoid hemp product manufactured from hemp grown by a licensed hemp grower who grows less than 1,000 pounds of dried hemp annually and the hemp is hand trimmed, hang dried and if a cannabinoid hemp flower product hand packaged.” (Proposed section 114.1(k).)
  2. New “cannabinoid hemp farm processor” license:  with this license, a licensed hemp cultivator may also manufacture “cannabinoid hemp flower products,” but may not: “(1) produce more than 1,000 pounds of dried hemp annually; (2) purchase or sell hemp or hemp extract other than those produced from hemp grown on his or her own farm; or (3) perform extraction as defined in subdivision (l) of this Section [concentrate or isolate one or more cannabinoids from hemp or cannabinoid hemp].” (Proposed section 114.1(f).)  The regulations define “flower product” as, “any form of cannabinoid hemp product consisting of the flower, buds, leaves, or stems of the hemp plant, including trimmings thereof, intended for retail sale to consumers with minimal processing.”  (Existing section 114.1(m).)
  3. Increase the allowable amount of “THC” in WIPHE (Work In Progress Hemp Extract) from 3% to 5%:  Hemp extracts sold between licensees (not to consumers) could contain up to 5% THC, as opposed to 3% previously (see comment below regarding “THC” definition).  This WIPHE extract may be transported intra-state only . (Proposed section 114.7(b).)
  4. Shelf Stable: Remove requirement that cannabinoid hemp products be “shelf stable,” to allow for product types that expire like foods and beverages.  (Proposed section 114.8.(a).)
  5. Increase total cannabinoid limit for supplements: would increase maximum serving size for supplements from 75mg to 100mg of of “total cannabinoids.” (The limit per product total cannabinoids remains unchanged at 3,000mg.) (Proposed section 114.8.(b).)  

Other proposed changes consist mostly of clean-ups and clarifications.

Generally these are positive amendments that should benefit the hemp cannabinoid industry.  Notably, producing not more than “1000 pounds of dried hemp annually” is a prerequisite for both obtaining a “cannabinoid hemp farm producer” license, and for producing “craft” hemp products. Both favor the small grower.

At one point the regulations define delta-8, delta-9, and delta-10 contents collectively as “total THC” or “THC.” (see Part 114.9(a)(3)(ii)).  However elsewhere in the regulations, “THC” appears to refer to delta-9 THC only (see Part 114.1(a).)  For the purposes of WIPHE, it would be helpful to clarify that the 5% THC refers to “delta-9 tetrahydrocannabinol” only.

 As noted above, any comments on these proposed revisions are due by March 7.

Hemp Product Packaging and Labeling Requirements

All Cannabinoid Hemp Products sold in New York state must comply with existing packaging and labeling requirements by April 25, 2022.  The Office of Cannabis Managment has provided a helpful Cannabinoid Hemp Product Packaging and Labeling Checklist.

Under the MRTA, non-compliance with these packaging or labeling regulations potentially carries heavy penalties, including “grounds for the seizure or quarantine of the product, the imposition of a civil penalty against a processor or retailer, and the suspension, revocation or cancellation of a license, in accordance with this article.” (MRTA section 103.3.)

Conclusion

If you are selling or distributing cannabinoid hemp products in New York, be sure to comply with the new packaging and labeling requirements by April 25.  Furthermore, March 7 is the deadline if you want to comment on the proposed cannabinoid hemp amendments.

 

This information is provided as a public educational service and is not intended as legal advice. For specific questions about hemp or cannabis laws and regulations in New York or California, contact the Law Offices of Omar Figueroa at info@omarfigueroa.com to schedule a confidential legal consultation.

The attorney responsible for this advertisement is Andrew Kingsdale. Prior results do not guarantee a similar outcome.

Skip to content