New York Cannabis Control Board Approves Rules for Cannabinoid Hemp Program

The New York State Cannabis Control Board has endorsed policies presented by the Office of Cannabis Management establishing the State’s Cannabinoid Hemp Program. The policies establish new standards for processing, manufacturing, laboratory testing, and packaging designed to regulate cannabinoid hemp products in New York.

The latest policies are effective immediately, however a business will have a six-month window to comply with the new testing — as well as packaging and labeling requirements.

The Office of Cannabis Management (OCM) oversees the Cannabinoid Hemp Program. With the adoption of the new guidelines, the OCM will be issuing final licenses to all businesses that have submitted the required application information and have been operating under provisional licenses or permits, with no additional fee or actions required by the licensees. Furthermore, businesses interested in processing, manufacturing, or selling cannabinoid hemp products will be able to apply for a license.

Delta-8 THC products are not permitted in the New York State Cannabinoid Hemp Program. Retailers are not permitted to sell Delta-8 THC products and processors are not permitted to manufacture them. The Department has issued proposed regulations clarifying this prohibition which can be viewed here: Proposed Regulations.

What is Cannabinoid Hemp?

Cannabinoid hemp is any product processed or derived from hemp, that is used for human consumption including for topical application for its cannabinoid content, that does not contain more than 0.3 percent THC.

Cannabidiol products are an example of cannabinoid hemp products and can come in a variety of different forms including but not limited to tinctures (CBD oil), pills, capsules, balms, lotions and food or beverage products. Other hemp-derived products such as hemp seeds or hemp seed oil, which do not contain cannabinoids, are regulated as foods and not under the scope of this program.

Implementing Policies: Cannabinoid Hemp Program

“We are working as quickly as we can to build a new, safe industry that promotes public health and grows our economy, and with today’s approval of hemp regulations, we are taking another step forward in delivering on that promise for New Yorkers,” stated Board Chair Tremaine Wright.

“In just our first month of operating, we have already made it easier for patients to access medical cannabis. Governor Hochul and the Legislature moved quickly together to make appointments, and we will continue that momentum to implement the Cannabinoid Hemp Program and build an industry focused on health, safety, equity, and economic development.”

“The hemp regulations we approved today will provide new and expanded opportunities for New York’s farmers, processors, and retail businesses, including allowing the sale of hemp flower products and food and beverage products containing CBD. We are opening the doors for the hemp program to grow responsibly, establishing standards and requirements to assure safe, high-quality products for the New York market and beyond,” stated Board Member Jen Metzger.

“The Office of Cannabis Management is hard at work to build a new, safe cannabis industry in New York, and we are proud that in our first month we have already worked with our Board to finalize the rules for our hemp program and vastly expand access to our medical program so New Yorkers can get the relief they need,” stated OCM Executive Director Chris Alexander.

”We’ve been working for years to establish hemp as a new crop in NYS, one with multiple uses. While farmers are also growing hemp for it’s seed and fiber, cannabinoid hemp extracts require a unique set of safety standards. The regulations approved by OCM today position NYS as a national leader in consumer protection and industry excellence. I am proud to have sponsored the original Cannabinoid Hemp Program Bill in the State Assembly and thank the Governor and all involved for taking this long awaited step.” stated Assemblymember Donna Lupardo.

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