NY State Senate Bill 2025-S5809

Current 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
Mar 03, 2025	referred to investigations and government operations

co-Sponsors

2025-S5809 (ACTIVE) - Details

See Assembly Version of this Bill:: A4574
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:: S8463, A9047

2025-S5809 (ACTIVE) - Summary

Provides that a retailer licensed by the office of cannabis management shall be permitted to sell any and all forms of cannabinoid hemp.

2025-S5809 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5809

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

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

 
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 defined by the
2018 United States Farm Law and comply with packaging, labeling, and age
requirements set forth in this bill.

 
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, 2026, a retailer licensed by the office pursu-
ant 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 authority to promulgate 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, policies, or regu-
lations promulgated by the board or any other rulemaking body to prohib-
it the selling of any form of cannabinoid hemp shall become null and
void.

Subdivision 13 of section 91 of the Cannabis Law is amended to apply a
21-year age requirement for the purchase of such products.

Subdivision 2 of section 103 of the Cannabis Law is amended to remove
language granting authority to the Cannabis Control Board to require
processors to establish a code for labels and establish methods and
procedures for determining serving and package sizes or dosages for
cannabinoid hemp among other things.

This language is replaced with the following: 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 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

 
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 decision to make certain hemp-derived cannabinoids
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:

S.8463 of 2023-2024: Referred to Investigations and Government Oper-
ations;

S.9165 of 2021-22: New Bill, Civil Service and Pensions

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2025-S5809 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5809
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2025
                                ___________
 
 Introduced  by Sens. SEPULVEDA, ROLISON -- read twice and ordered print-
   ed, and when printed to be committed  to  the  Committee  on  Investi-
   gations and Government Operations
 
 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

 S. 5809                             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.

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Senate Bill S5809

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

2025-S5809 (ACTIVE) - Details

2025-S5809 (ACTIVE) - Summary

2025-S5809 (ACTIVE) - Sponsor Memo

2025-S5809 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5809

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Sponsored By

Luis R. Sepúlveda

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

Rob Rolison

2025-S5809 (ACTIVE) - Details

2025-S5809 (ACTIVE) - Summary

2025-S5809 (ACTIVE) - Sponsor Memo

2025-S5809 (ACTIVE) - Bill Text download pdf

Comments