S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9047
 
                           I N  A S S E M B L Y
 
                             February 5, 2024
                                ___________
 
 Introduced  by  M. of A. FALL -- read once and referred to the Committee
   on Economic Development
 
 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:
 
   Section 1. The office of cannabis management shall repeal the cannabi-
 noid hemp emergency regulations adopted by such  office  on  July  27th,
 2023.
   §  2.  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.
   § 3. Section 91 of the cannabis law is amended by adding a new closing
 paragraph to read as follows:
   COMMENCING  ON  JANUARY  FIRST,  TWO  THOUSAND TWENTY-FOUR, A RETAILER
 LICENSED BY THE OFFICE PURSUANT TO THIS ARTICLE OR ANY  APPLICABLE  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 CANNABIS CONTROL BOARD SHALL HAVE THE AUTHOR-
 ITY  TO  PROMULGATE ANY RULES NECESSARY TO ENSURE THE SAFETY OF CANNABI-
 NOID 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, POLICIES, OR REGULATIONS PROMULGATED BY THE BOARD  OR  ANY  OTHER
 RULEMAKING  BODY TO PROHIBIT THE SELLING OF ANY FORM OF CANNABINOID HEMP
 SHALL BE NULL AND VOID.
   § 4. Subdivision 13 of section 91 of the cannabis law  is  amended  to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13669-01-3
 A. 9047                             2
 
   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 PERSONS TWENTY-ONE  YEARS  OF  AGE  AND
 OLDER.
   §  5.  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,
 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] NOTWITHSTANDING  ANY  LAW,  RULE,  OR
 REGULATION  TO  THE CONTRARY, ALL HEMP-DERIVED CANNABINOID PRODUCTS MUST
 MEET THE FOLLOWING LABELING REQUIREMENTS:
   (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 IT 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.
   § 6. This act shall take effect immediately.