S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7047

                            I N  S E N A T E

                             April 21, 2014
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to  author-
  izing  the growing of industrial hemp as part of an agricultural pilot
  program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  intent.  The  legislature  hereby  finds and
declares that  it  is  necessary  to  establish  an  agricultural  pilot
program,  as authorized under federal law, for the growing of industrial
hemp in the state to provide research-based knowledge that can  be  used
by  farmers  and  businesses  to  develop  a successful hemp industry if
federal authorization is granted.
  S 2. Article 27 and sections 450, 451, 452, 453, 454 and  455  of  the
agriculture  and  markets law, as renumbered by chapter 1047 of the laws
of 1965, are renumbered article 30 and sections 550, 551, 552, 553,  554
and 555 and a new article 29 is added to read as follows:
                               ARTICLE 29
                        GROWTH OF INDUSTRIAL HEMP
SECTION 505. DEFINITIONS.
        506. GROWTH OF INDUSTRIAL HEMP PERMITTED.
        507. PROHIBITIONS.
        508. REGULATIONS.
  S 505. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  "INDUSTRIAL  HEMP" MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART
OF SUCH PLANT, WHETHER GROWING OR NOT, WITH A DELTA-9 TETRAHYDROCANNABI-
NOL CONCENTRATION OF NOT MORE THAN 0.3 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01442-02-4

S. 7047                             2

  (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.
  S 506.  GROWTH  OF  INDUSTRIAL  HEMP  PERMITTED.  NOTWITHSTANDING  ANY
PROVISION  OF  LAW  TO  THE CONTRARY, INDUSTRIAL HEMP IS AN AGRICULTURAL
PRODUCT WHICH MAY BE GROWN, PRODUCED AND POSSESSED IN THE STATE AS  PART
OF AN AGRICULTURAL PILOT PROGRAM PURSUANT TO AUTHORIZATION UNDER FEDERAL
LAW AND THE PROVISIONS OF THIS ARTICLE.
  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY RESTRICTING THE
GROWING OR CULTIVATING OF INDUSTRIAL HEMP, AND SUBJECT TO  AUTHORIZATION
UNDER FEDERAL LAW, THE COMMISSIONER MAY AUTHORIZE NO MORE THAN UP TO TEN
SITES  FOR  THE  GROWING OR CULTIVATING OF INDUSTRIAL HEMP AS PART OF AN
AGRICULTURAL PILOT PROGRAM CONDUCTED BY THE DEPARTMENT AND/OR AN  INSTI-
TUTION  OF  HIGHER EDUCATION TO STUDY THE GROWTH AND CULTIVATION OF SUCH
HEMP PROVIDED THAT THE SITES USED FOR GROWING OR CULTIVATING  INDUSTRIAL
HEMP ARE CERTIFIED BY, AND REGISTERED WITH, THE DEPARTMENT.
  S  507.  PROHIBITIONS.  THE SALE, DISTRIBUTION OR EXPORT OF INDUSTRIAL
HEMP GROWN OR CULTIVATED PURSUANT TO THIS ARTICLE IS PROHIBITED.
  S 508. REGULATIONS. IN COOPERATION WITH THE COMMISSIONER OF HEALTH AND
THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES,  THE  COMMISSIONER  SHALL
DEVELOP  REGULATIONS  CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE FOR
THE APPROVAL OF AGRICULTURAL PILOT PROGRAMS FOR THE GROWING  AND  CULTI-
VATION OF INDUSTRIAL HEMP, INCLUDING, BUT NOT LIMITED TO:
  (A)  THE  AUTHORIZATION  OF ANY PERSON WHO AS PART OF SUCH PROGRAM MAY
ACQUIRE OR POSSESS INDUSTRIAL HEMP OR HEMP SEEDS; AND
  (B) THE DISPOSITION OF INDUSTRIAL HEMP AFTER  IT  HAS  BEEN  GROWN  OR
CULTIVATED AND STUDIED.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.