NY State Senate Bill 2021-S9165

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 11, 2022	referred to investigations and government operations

2021-S9165 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Cannabis Law
Laws Affected:: Amd §§3, 91 & 103, Cannabis L
Versions Introduced in 2023-2024 Legislative Session:: S4910

2021-S9165 (ACTIVE) - Summary

Relates to cannabinoid hemp retail sales and retailers; makes technical changes to the definition of THC; provides specific requirements for labeling of cannabinoid hemp products.

2021-S9165 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9165

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the cannabis law, in relation to cannabinoid hemp retail
sales and retailers

 
PURPOSE:

The legislation will ensure that licensed hemp dealers are allowed to
distribute and/or sell hemp-derived cannabinoid products so long as
those products meet the definition of cannabinoid hemp in Article 5 of
the MRTA.

 
SUMMARY OF PROVISIONS:

MRTA Article 1, Section 3, subsections 52 and 53 are amended by altering
the definitions to better reflect federal regulations to which they now
read:

52. "THC" means Delta-9-tetrahydrocannabinol

53. "Total THC" means the dry weight total percentage of Delta-9-tetrah-
ydrocannabinol in each product.

MRTA Article 5, Section 91 is amended to add new subsection two (2)
which shall read: Commencing on January 1, 2023, a CBD retailer licensed
by the Office of Cannabis Management pursuant to this Article or appli-
cable rule shall be permitted to sell any and all forms of Cannabinoid
Hemp provided that such forms of Cannabinoid Hemp meet the requirements
set forth in this article. The Board shall have the authority to promul-
gate any rules necessary to ensure the safety of Cannabinoid Hemp, so
long as said rules do not infringe upon the ability of licensed hemp
retailers to sell Cannabinoid Hemp.  Any prior or future rules, poli-
cies, or regulations promulgated by the board or any other rulemaking
body to prohibit the selling of any form of cannabinoid hemp shall
become null and void.

MRTA Article 5, Section 91, subsection 14 is amended to remove the
following language: in adult-use cannabis retail dispensaries licensed
pursuant to article four of this chapter.

This language is replaced with the following: to those individuals 21
years of age and older.

MRTA Article 5, Section 103 is amended to add new subsection two (2)
which shall read:

Notwithstanding any statute, rule, or regulation to the contrary, all
hemp-derived cannabinoid products must meet the following labeling
requirements:

(1) Nutrition label with serving size

(2) Warning label that the product is not meant to treat or cure any
medical ailment and that it is not regulated by the FDA.


(3) Amount of hemp derived product in each serving of the product in
milligrams

(4) The address of the manufacturer or distributor.

 
JUSTIFICATION:

Over the last several years, states across the country have ended the
prohibition of hemp-derived cannabis products. New York has been no
different as it recently legalized recreational marijuana and ended the
prohibition of cannabis. However, recently enacted regulations by the
Cannabis Control Board threaten to criminalize the sale of certain hemp-
derived products. The decisions to make certain hemp-derived cannabi-
noids illegal to distribute or sell in a licensed environment will once
again turn law abiding citizens and business owners into criminals in
the eyes of the state. This would greatly hinder the work being done to
aid those disproportionately impacted communities most affected by the
prohibition of cannabis.

There is no justification as to why licensed and regulated businesses
should not be allowed to distribute or sell hemp-derived cannabinoid
products in a safe manner. This bill would protect the free market of
the hemp industry and ensure that the entirety of the hemp plant is
available in the free market, and that a monopoly of cannabinoid hemp
products does not arise within marijuana dispensaries.

Thus, this legislation will ensure greater public accessibility to
cannabinoid hemp products , provided that those products are sold in a
licensed and regulated manner. All cannabinoid hemp products that meet
the definition in Article 5 of the MRTA should be permitted to be
distributed or sold by licensed dealers, regardless if they are within
hemp retail locations or marijuana dispensaries.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
Immediately

2021-S9165 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9165
 
                             I N  S E N A T E
 
                               May 11, 2022
                                ___________
 
 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 cannabinoid hemp retail
   sales and retailers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 52 and 53 of section 3 of the cannabis law are
 amended to read as follows:
   52. "THC" means Delta-9-tetrahydrocannabinol[;  Delta-8-tetrahydrocan-
 nabinol;  Delta-10-tetrahydrocannabinol  and  the optical isomer of such
 substances].
   53. "Total THC" means the [sum of the percentage by weight  or  volume
 measurement  of  tetrahydrocannabinolic  acid multiplied by 0.877, plus,
 the percentage by weight or volume measurement of THC] DRY WEIGHT  TOTAL
 PERCENTAGE OF DELTA-9-TETRAHYDROCANNABINOL IN EACH PRODUCT.
   §  2.  The  opening  paragraph and subdivision 13 of section 91 of the
 cannabis law is amended to read as follows:
   The board, WITHOUT INFRINGING ON LICENSED RETAILERS,  may  make  regu-
 lations  pursuant  to  this  article  for  the processing, distribution,
 marketing, transportation and sale of cannabinoid hemp and hemp extracts
 used for human consumption, which may include, but not be limited to:
   13. Any cannabinoid hemp flower product clearly labeled or  advertised
 for  the  purposes  of smoking, or in the form of a cigarette, cigar, or
 pre-roll, or packaged or combined with other items designed  to  facili-
 tate  smoking such as rolling papers or pipes, shall only be offered for
 sale [in adult-use cannabis retail  dispensaries  licensed  pursuant  to
 article  four  of this chapter] TO THOSE INDIVIDUALS TWENTY-ONE YEARS OF
 AGE AND OLDER.
   § 3. Subdivision 2 of section 103 of the cannabis law  is  amended  to
 read as follows:
   2.  The  board  may,  by  rules and regulations, require processors to
 establish a code, including, but not limited to QR code, for labels  and
 establish  methods  and  procedures for determining, among other things,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15682-01-2
 S. 9165                             2
 
 serving sizes or dosages for cannabinoid hemp, hemp extract and products
 derived therefrom, active cannabinoid concentration  per  serving  size,
 number of servings per container, and the growing region, state or coun-
 try  of origin if not from the United States. Such rules and regulations
 may require an appropriate fact panel that incorporates  data  regarding
 serving  sizes and potency thereof; PROVIDED, HOWEVER, AND NOTWITHSTAND-
 ING ANY STATUTE, RULE, OR REGULATION TO THE CONTRARY,  ALL  HEMP-DERIVED
 CANNABINOID PRODUCTS SHALL MEET THE FOLLOWING LABELING REQUIREMENTS:
   (A) A NUTRITION LABEL WITH SERVING SIZE;
   (B) A WARNING LABEL THAT THE PRODUCT IS NOT MEANT TO TREAT OR CURE ANY
 MEDICAL AILMENT AND THAT SUCH PRODUCT IS NOT REGULATED BY THE FDA;
   (C)  THE AMOUNT OF HEMP DERIVED PRODUCT IN EACH SERVING OF THE PRODUCT
 IN MILLIGRAMS; AND
   (D) THE ADDRESS OF THE MANUFACTURER OR DISTRIBUTOR.
   § 4. This act shall take effect immediately.

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Senate Bill S9165

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2021-S9165 (ACTIVE) - Details

2021-S9165 (ACTIVE) - Summary

2021-S9165 (ACTIVE) - Sponsor Memo

2021-S9165 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9165

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Sponsored By

Luis R. Sepúlveda

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2021-S9165 (ACTIVE) - Details

2021-S9165 (ACTIVE) - Summary

2021-S9165 (ACTIVE) - Sponsor Memo

2021-S9165 (ACTIVE) - Bill Text download pdf

Comments