Legislation
SECTION 3398-B
Cannabinoid hemp processor license
Public Health (PBH) CHAPTER 45, ARTICLE 33-B
* § 3398-b. Cannabinoid hemp processor license. 1. Persons processing
cannabinoid hemp or hemp extract used for human consumption, whether in
intermediate or final form, shall be required to obtain a cannabinoid
hemp processor license from the department.
2. A cannabinoid hemp processor license authorizes one or more
specific activities related to the processing of cannabinoid hemp into
products used for human consumption, whether in intermediate or final
form, and the distribution or sale thereof by the licensee. Nothing
herein shall prevent a cannabinoid hemp processor from processing,
extracting and processing hemp products not to be used for human
consumption.
3. Persons authorized to grow hemp pursuant to article twenty-nine of
the agriculture and markets law are not authorized to engage in
processing of cannabinoid hemp or hemp extract without first being
licensed as a cannabinoid hemp processor under this article.
4. This article shall not apply to hemp, cannabinoid hemp, hemp
extracts or products derived therefrom that are not used for human
consumption. This article also shall not apply to hemp, cannabinoid
hemp, hemp extracts or products derived therefrom that have been deemed
generally recognized as safe pursuant to federal law.
5. The commissioner shall have the authority to set reasonable fees
for such license, to limit the activities permitted by such license, to
establish the period during which such license is authorized, which
shall be two years or more, and to make rules and regulations necessary
to implement this section.
6. Any person holding an active research partnership agreement with
the department of agriculture and markets, authorizing that person to
process cannabinoid hemp, shall be awarded licensure under this section,
provided that the research partner is actively performing research
pursuant to such agreement and is able to demonstrate compliance with
this article, as determined by the department, after notice and an
opportunity to be heard.
* NB Repealed 6 months after the full cannabis control board created
by Article 2 of the cannabis law has been appointed
cannabinoid hemp or hemp extract used for human consumption, whether in
intermediate or final form, shall be required to obtain a cannabinoid
hemp processor license from the department.
2. A cannabinoid hemp processor license authorizes one or more
specific activities related to the processing of cannabinoid hemp into
products used for human consumption, whether in intermediate or final
form, and the distribution or sale thereof by the licensee. Nothing
herein shall prevent a cannabinoid hemp processor from processing,
extracting and processing hemp products not to be used for human
consumption.
3. Persons authorized to grow hemp pursuant to article twenty-nine of
the agriculture and markets law are not authorized to engage in
processing of cannabinoid hemp or hemp extract without first being
licensed as a cannabinoid hemp processor under this article.
4. This article shall not apply to hemp, cannabinoid hemp, hemp
extracts or products derived therefrom that are not used for human
consumption. This article also shall not apply to hemp, cannabinoid
hemp, hemp extracts or products derived therefrom that have been deemed
generally recognized as safe pursuant to federal law.
5. The commissioner shall have the authority to set reasonable fees
for such license, to limit the activities permitted by such license, to
establish the period during which such license is authorized, which
shall be two years or more, and to make rules and regulations necessary
to implement this section.
6. Any person holding an active research partnership agreement with
the department of agriculture and markets, authorizing that person to
process cannabinoid hemp, shall be awarded licensure under this section,
provided that the research partner is actively performing research
pursuant to such agreement and is able to demonstrate compliance with
this article, as determined by the department, after notice and an
opportunity to be heard.
* NB Repealed 6 months after the full cannabis control board created
by Article 2 of the cannabis law has been appointed