Bill Text: NY S08463 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that a retailer licensed by the office of cannabis management shall be permitted to sell any and all forms of cannabinoid hemp.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-02-01 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S08463 Detail]

Download: New_York-2023-S08463-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8463

                    IN SENATE

                                    February 1, 2024
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations

        AN ACT to amend the cannabis law, in relation to the sale of cannabinoid
          hemp  products;  and  directing  the  office of cannabis management to
          repeal certain emergency regulations

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The office of cannabis management shall repeal the cannabi-
     2  noid  hemp  emergency  regulations  adopted by such office on July 27th,
     3  2023.
     4    § 2. Subdivisions 52 and 53 of section  3  of  the  cannabis  law  are
     5  amended to read as follows:
     6    52.  "THC" means Delta-9-tetrahydrocannabinol[; Delta-8-tetrahydrocan-
     7  nabinol; Delta-10-tetrahydrocannabinol and the optical  isomer  of  such
     8  substances].
     9    53.  "Total  THC" means the [sum of the percentage by weight or volume
    10  measurement of tetrahydrocannabinolic acid multiplied  by  0.877,  plus,
    11  the  percentage by weight or volume measurement of THC] dry weight total
    12  percentage of Delta-9-tetrahydrocannabinol in each product.
    13    § 3. Section 91 of the cannabis law is amended by adding a new closing
    14  paragraph to read as follows:
    15    Commencing on January first,  two  thousand  twenty-four,  a  retailer
    16  licensed  by  the office pursuant to this article or any applicable rule
    17  shall be permitted to sell  any  and  all  forms  of  cannabinoid  hemp;
    18  provided  that  such forms of cannabinoid hemp meet the requirements set
    19  forth in this article. The cannabis control board shall have the author-
    20  ity to promulgate any rules necessary to ensure the safety  of  cannabi-
    21  noid  hemp,  so  long  as said rules do not infringe upon the ability of
    22  licensed hemp retailers to sell cannabinoid hemp. Any  prior  or  future
    23  rules,  policies,  or  regulations promulgated by the board or any other
    24  rulemaking body to prohibit the selling of any form of cannabinoid  hemp
    25  shall be null and void.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13669-01-3
        S. 8463                             2

     1    §  4.  Subdivision  13 of section 91 of the cannabis law is amended to
     2  read as follows:
     3    13.  Any cannabinoid hemp flower product clearly labeled or advertised
     4  for the purposes of smoking, or in the form of a  cigarette,  cigar,  or
     5  pre-roll,  or  packaged or combined with other items designed to facili-
     6  tate smoking such as rolling papers or pipes, shall only be offered  for
     7  sale  [in  adult-use  cannabis  retail dispensaries licensed pursuant to
     8  article four of this chapter] to persons twenty-one  years  of  age  and
     9  older.
    10    §  5.  Subdivision  2 of section 103 of the cannabis law is amended to
    11  read as follows:
    12    2. [The board may, by rules and  regulations,  require  processors  to
    13  establish  a code, including, but not limited to QR code, for labels and
    14  establish methods and procedures for determining,  among  other  things,
    15  serving sizes or dosages for cannabinoid hemp, hemp extract and products
    16  derived  therefrom,  active  cannabinoid concentration per serving size,
    17  number of servings per container, and the growing region, state or coun-
    18  try of origin if not from the United States. Such rules and  regulations
    19  may  require  an appropriate fact panel that incorporates data regarding
    20  serving sizes and potency thereof] Notwithstanding  any  law,  rule,  or
    21  regulation  to  the contrary, all hemp-derived cannabinoid products must
    22  meet the following labeling requirements:
    23    (a) nutrition label with serving size;
    24    (b) a warning label that the product is not meant to treat or cure any
    25  medical ailment and that it is not regulated by the FDA;
    26    (c)  the amount of hemp-derived product in each serving of the product
    27  in milligrams; and
    28    (d) the address of the manufacturer or distributor.
    29    § 6. This act shall take effect immediately.