S T A T E   O F   N E W   Y O R K
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                                 9310--A

                          I N  A S S E M B L Y

                            February 17, 2016
                               ___________

Introduced  by M. of A. LUPARDO, GOTTFRIED, BRINDISI, BENEDETTO, STIRPE,
  SKARTADOS, BLAKE, CROUCH, WOERNER, WALTER, CAHILL, MAGEE,  RUSSELL  --
  Multi-Sponsored by -- M. of A. GLICK, McLAUGHLIN, PALMESANO, ROBINSON,
  SIMON, STECK -- read once and referred to the Committee on Agriculture
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the agriculture and markets  law,  in  relation  to  the
  sale, distribution, transportation and processing of industrial hemp

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

  Section 1. Section 506 of the agriculture and markets law, as added by
chapter 524 of the laws of 2014, is amended to read as follows:
  S 506. Growth, SALE, DISTRIBUTION, TRANSPORTATION  AND  PROCESSING  of
industrial  hemp AND PRODUCTS DERIVED FROM SUCH HEMP permitted. Notwith-
standing any provision of law to the contrary, industrial hemp  [is  an]
AND  PRODUCTS DERIVED FROM SUCH HEMP ARE agricultural [product] PRODUCTS
which may be grown, produced and  possessed  in  the  state,  AND  SOLD,
DISTRIBUTED,  TRANSPORTED OR PROCESSED EITHER IN OR OUT OF STATE as part
of [an] agricultural pilot [program] PROGRAMS 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, SALE, DISTRIBUTION, TRANSPORTATION OR PROCESSING
of industrial hemp AND PRODUCTS DERIVED FROM SUCH 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] PROGRAMS conducted  by  the
department and/or an institution of higher education to study the growth
and  cultivation,  SALE,  DISTRIBUTION, TRANSPORTATION AND PROCESSING of
such hemp AND PRODUCTS DERIVED FROM SUCH HEMP provided  that  the  sites
AND  PROGRAMS used for growing or cultivating industrial hemp are certi-
fied by, and registered with, the department.
  S 2. Section 507 of the agriculture and markets law, as added by chap-
ter 524 of the laws of 2014, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13736-04-6
              

A. 9310--A                          2

  S 507. Prohibitions. [The] EXCEPT AS AUTHORIZED BY FEDERAL  AND  STATE
LAW,  AND REGULATIONS PROMULGATED PURSUANT TO SECTION FIVE HUNDRED EIGHT
OF THIS ARTICLE, THE sale, distribution or  export  of  industrial  hemp
grown or cultivated pursuant to this article is prohibited.
  S 3. Section 508 of the agriculture and markets law, as added by chap-
ter 524 of the laws of 2014, is amended to read as follows:
  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, SALE, DISTRIBUTION, TRANSPORTATION OR PROCESSING  of  industrial
hemp AND PRODUCTS DERIVED FROM SUCH HEMP, including, but not limited to:
  (a)  the  authorization  of  any  person who as part of such [program]
PROGRAMS may: acquire or possess industrial hemp PLANTS or  hemp  seeds;
GROW  OR  CULTIVATE  INDUSTRIAL  HEMP  PLANTS;  AND/OR,  SELL, PURCHASE,
DISTRIBUTE, TRANSPORT OR PROCESS SUCH PLANTS, SEEDS AND PRODUCTS; and
  (b) the [disposition] DISPOSAL, IF NECESSARY, of industrial hemp after
it has been grown or cultivated and studied.
  S 4. The agriculture and markets  law  is  amended  by  adding  a  new
section 509 to read as follows:
  S  509.  INDUSTRIAL HEMP REPORTING.   THE COMMISSIONER, IN COOPERATION
WITH THE COMMISSIONER OF ECONOMIC  DEVELOPMENT,  SHALL  FILE  A  WRITTEN
REPORT  WITH  THE  GOVERNOR,  THE  MAJORITY  AND MINORITY LEADERS OF THE
SENATE AND THE SPEAKER AND MINORITY LEADER OF THE  ASSEMBLY  ON  JANUARY
FIRST, TWO THOUSAND EIGHTEEN CONCERNING THE STATUS OF AGRICULTURAL PILOT
PROGRAMS  DEVELOPED PURSUANT TO THIS ARTICLE. SUCH REPORT SHALL INCLUDE,
BUT NOT BE LIMITED TO, THE SUCCESS  OF  SUCH  PROGRAMS  IN  CULTIVATING,
MARKETING,  PROCESSING  AND SELLING INDUSTRIAL HEMP AND PRODUCTS DERIVED
FROM SUCH HEMP, AND THE OPPORTUNITIES AND BARRIERS  TO  DEVELOPING  HEMP
RELATED BUSINESSES AND JOBS.
  S  5.  This  act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that  effective  immediately,  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.