* § 3398. Definitions. As used in this article, the following terms
shall have the following meanings, unless the context clearly requires
otherwise:

1. "Cannabinoid" means the phytocannabinoids found in hemp and does
not include synthetic cannabinoids as that term is defined in
subdivision (g) of schedule I of section thirty-three hundred six of
this chapter.

2. "Cannabinoid hemp" means any hemp and any product processed or
derived from hemp, that is used for human consumption provided that when
such product is packaged or offered for retail sale to a consumer, it
shall not have a concentration of more than three tenths of a percent
delta-9 tetrahydrocannabinol.

3. "Used for human consumption" means intended by the manufacturer or
distributor to be: (a) used for human consumption for its cannabinoid
content; or (b) used in, on or by the human body for its cannabinoid
content.

4. "Hemp" means the plant Cannabis sativa L. and any part of such
plant, including the seeds thereof and all derivatives, extracts,
cannabinoids, isomers, acids, salts, and salts of isomers, whether
growing or not, with a delta-9 tetrahydrocannabinol concentration (THC)
of not more than three-tenths of a percent on a dry weight basis. It
shall not include "medical marihuana" as defined in subdivision eight of
section thirty-three hundred sixty of this chapter.

5. "Hemp extract" means all derivatives, extracts, cannabinoids,
isomers, acids, salts, and salts of isomers derived from hemp, used or
intended for human consumption, for its cannabinoid content, with a
delta-9 tetrahydrocannabinol concentration of not more than an amount
determined by the department in regulation. For the purpose of this
article, hemp extract excludes (a) any food, food ingredient or food
additive that is generally recognized as safe pursuant to federal law;
or (b) any hemp extract that is not used for human consumption. Such
excluded substances shall not be regulated pursuant to the provisions of
this article but are subject to other provisions of applicable state
law, rules and regulations.

6. "License" means a license issued pursuant to this article.

7. "Cannabinoid hemp processor license" means a license granted by the
department to process, extract, pack or manufacture cannabinoid hemp or
hemp extract into products, whether in intermediate or final form, used
for human consumption.

8. "Processing" means extracting, preparing, treating, modifying,
compounding, manufacturing or otherwise manipulating cannabinoid hemp to
concentrate or extract its cannabinoids, or creating product, whether in
intermediate or final form, used for human consumption. For purposes of
this article, processing does not include: (a) growing, cultivation,
cloning, harvesting, drying, curing, grinding or trimming when
authorized pursuant to article twenty-nine of the agriculture and
markets law; or

(b) mere transportation, such as by common carrier or another entity
or individual.

* NB Repealed 6 months after the full cannabis control board created
by Article 2 of the cannabis law has been appointed