S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1682
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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 packaging of canna-
   bis and hemp products
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 81 of the cannabis law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A. SUCH RULES AND REGULATIONS SHALL INCLUDE REQUIRING THE  BOARD  TO
 DEVELOP STRATEGIC PLANS DETAILING THE PRIMARY USE OF INDUSTRIAL HEMP FOR
 PACKAGING  AND LABELING REQUIREMENTS TO BE USED PRIOR TO THE RETAIL SALE
 OF ANY CANNABIS OR CANNABIS PRODUCT TO A CANNABIS CONSUMER,  IN  ACCORD-
 ANCE  WITH  THIS  CHAPTER.    FOR THE PURPOSES OF THIS SECTION, THE TERM
 "INDUSTRIAL  HEMP" MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART    OF
 SUCH     PLANT,    WHETHER GROWING    OR    NOT,    WITH   A     DELTA-9
 TETRAHYDROCANNABINOL CONCENTRATION OF NOT MORE THAN 0.3 PERCENT ON A DRY
 WEIGHT BASIS.
   § 2. The cannabis law is amended by adding a new section 103-a to read
 as follows:
   § 103-A. SUSTAINABLE CANNABIS PACKAGING; INCUBATOR PROGRAM.  1.    THE
 BOARD,  IN  COORDINATION  WITH THE EMPIRE STATE DEVELOPMENT CORPORATION,
 AND AFTER RECEIVING INPUT FROM OTHER RELEVANT STAKEHOLDERS, SHALL ESTAB-
 LISH AND IMPLEMENT A SUSTAINABLE CANNABIS PACKAGING INCUBATOR PROGRAM TO
 ENCOURAGE THE USE AND  DEVELOPMENT  OF  SUSTAINABLE  CANNABIS  PACKAGING
 MATERIALS FOR USE IN THE ADULT-USE CANNABIS INDUSTRY.
   2. SUCH PROGRAM PARTICIPANTS SHALL DEVELOP COMPOSTABLE AND BIODEGRADA-
 BLE  CANNABIS PACKAGING MATERIALS AND SHALL PRIORITIZE THE USE OF INDUS-
 TRIAL HEMP FOR THE CREATION OF SUCH PACKAGING MATERIALS. SUCH  COMPOSTA-
 BLE  AND BIODEGRADABLE CANNABIS PACKAGING MATERIALS PRODUCED THROUGH THE
 INCUBATOR PROGRAM SHALL BE NO LESS THAN THIRTY PERCENT HEMP.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04382-01-3
              

 S. 1682                             2
 
   3. ALL PARTICIPANTS IN SUCH PROGRAM SHALL BE REQUIRED TO PURCHASE HEMP
 PRODUCTS FROM EITHER: (A) A NEW YORK STATE RESIDENT OR  BUSINESS  ENTER-
 PRISE,  INCLUDING  A SOLE PROPRIETORSHIP, PARTNERSHIP, LIMITED LIABILITY
 COMPANY OR CORPORATION, THAT MEETS THE SMALL FARM CLASSIFICATION  DEVEL-
 OPED BY THE ECONOMIC RESEARCH SERVICE OF THE UNITED STATES DEPARTMENT OF
 AGRICULTURE,  HAS  FILED  A  SCHEDULE  F WITH FARM RECEIPTS FOR THE LAST
 THREE YEARS, QUALIFIES FOR AN AGRICULTURE  ASSESSMENT  AND  MEETS  OTHER
 QUALIFICATIONS  DEFINED  IN  REGULATION BY THE BOARD TO DEMONSTRATE THAT
 THEY OPERATE A FARM OPERATION, AS DEFINED IN SECTION THREE  HUNDRED  ONE
 OF  THE AGRICULTURE AND MARKETS LAW; OR (B) A NEW YORK STATE RESIDENT OR
 BUSINESS  ENTERPRISE,  INCLUDING  A  SOLE  PROPRIETORSHIP,  PARTNERSHIP,
 LIMITED LIABILITY COMPANY OR CORPORATION, THAT IS A SMALL FARM OPERATOR.
   4.  THE BOARD SHALL PROMULGATE GUIDELINES, RULES AND REGULATIONS AS IT
 MAY DEEM NECESSARY TO FULLY EFFECTUATE THE PROVISIONS OF THIS SECTION.
   5. THE BOARD SHALL ALLOCATE AVAILABLE FUNDS TO ADMINISTER THE  PROGRAM
 CREATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.