S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4574
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 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,
 2025.
   §  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-SIX, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08734-01-5
 A. 4574                             2
              

 
 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:
   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  SHALL
 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.