Skip to Main Content
Services Talent Knowledge
Site Search
Menu

Alert

Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

December 9, 2019

New NYS Hemp Legislation Signed

Today, Governor Cuomo signed legislation (A7680/S6184) that amends the permitting process for industrial hemp growers and also establishes a regulatory framework for hemp extraction and hemp product marketing in New York State.

Some key provisions include:

  • The definition of industrial hemp now includes the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers.
  • The bill requires individuals growing, processing, extracting, or manufacturing hemp-extract products sold or marketed for cannabinoid content and used for human or animal consumption to obtain a grower, manufacturer, or extractor license.
  • Industrial hemp used for research must be sourced from authorized NYS industrial hemp producers. Exceptions may be made only for grain and fiber. Hemp for extracts can only be sourced from authorized NYS industrial hemp producers.
  • Hemp extracts sold or possessed for sale in New York State must be packaged and labeled according to regulations to be developed by the Department of Agriculture in consultation with the Department of Health.
  • Hemp-extract products shall be manufactured in accordance with good manufacturing processes.
  • Hemp extracts used in beverages offered for sale in New York State shall be grown, extracted, and manufactured in the state.


The bill also contains provisions for licensing, enforcement, violations and penalties, advertising, laboratory testing, labeling, packaging, recordkeeping, and inspections.

While today’s bill does not include any chapter amendments, there are 90 days before the bill will go into effect, giving both the Assembly and Senate time during the next session to vote on chapter amendments.

The NYS press release indicated “the legislation was signed pursuant to a chapter agreement, which provided for a more streamlined regulatory pathway for hemp products, granted the Department of Agriculture and Markets supervision over hemp growers and the Department of Health supervision over hemp extract; created a registration requirement for sellers of hemp-extract products; made conforming regulatory changes to the 2018 Farm Bill; and defers decision making on hemp extracts, including CBD, as additives for food and beverages.”

If you have any questions regarding the content of this alert, please contact Aleece Burgio, cannabis team leader, at aburgio@barclaydamon.com; Mary Volcko, project specialist, at mvolcko@barclaydamon.com; or another member of the firm’s cannabis team.

Subscribe

Click here to sign up for alerts, blog posts, and firm news.

Subscribe

Sign up to receive our latest news via email

Practice Areas

Featured Industries

New & Emerging Industry Practice Areas

Other

View our Privacy Policy

Featured Media

Alerts

COVID-19: OCR Issues Guidance to Help Ensure First Responders, Others Receive PHI From Individuals Exposed to Virus

Alerts

US EPA Releases Draft Guidance for New Source Review Preconstruction Permitting, Revising Longstanding Interpretation of "Begin Actual Construction"

Alerts

COVID-19: CARES Act Makes Significant Changes to 42 CFR Part 2

Alerts

COVID-19: New NYS Executive Order Issued, Courts Implement Virtual Court Proceedings

Alerts

A Silver Lining: COVID-19 Offers Independent Pharmacies a Chance to Shine

Alerts

Proceed With Caution: USPTO Waives Certain Trademark-Related Deadlines Amid COVID-19

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out