S T A T E O F N E W Y O R K
________________________________________________________________________
8297
2013-2014 Regular Sessions
I N A S S E M B L Y
December 6, 2013
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Agriculture
AN ACT to amend the agriculture and markets law and the public health
law, in relation to establishing procedures for the growing of indus-
trial hemp
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature hereby finds and
declares that it is necessary to establish policy and procedures for the
growing of industrial hemp in the state so that farmers and other busi-
nesses in the agricultural industry can take advantage of this market
opportunity when federal regulations permit.
S 2. Article 27 and sections 450, 451, 452, 453, 454 and 455 of the
agriculture and markets law, as renumbered by chapter 1047 of the laws
of 1965, are renumbered article 30 and sections 550, 551, 552, 553, 554,
and 555 respectively and a new article 29 is added to read as follows:
ARTICLE 29
GROWTH OF INDUSTRIAL HEMP
SECTION 505. DEFINITIONS.
506. GROWTH OF INDUSTRIAL HEMP PERMITTED.
507. LICENSES TO INDUSTRIAL HEMP GROWERS.
508. REVOCATION AND SUSPENSION OF LICENSE.
S 505. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "GROWER" MEANS ANY PERSON OR BUSINESS ENTITY LICENSED WHO IS GRANT-
ED A LICENSE UNDER THIS ARTICLE BY THE COMMISSIONER TO GROW INDUSTRIAL
HEMP.
2. "HEMP PRODUCTS" MEANS ALL PRODUCTS MADE FROM INDUSTRIAL HEMP,
INCLUDING BUT NOT LIMITED TO CLOTH, CORDAGE, FIBER, FOOD, FUEL, PAINT,
PAPER, PARTICLE BOARD, PLASTICS, SEED, SEED MEAL, SEED OIL, AND CERTI-
FIED SEED FOR CULTIVATION IF SUCH SEEDS ORIGINATE FROM INDUSTRIAL HEMP
VARIETIES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11283-03-3
A. 8297 2
3. "INDUSTRIAL HEMP" MEANS VARIETIES OF THE PLANT CANNABIS SATIVA
HAVING NO MORE THAN THREE TENTHS OF ONE PERCENT TETRAHYDROCANNABINOL,
WHETHER GROWING OR NOT, THAT ARE CULTIVATED OR POSSESSED BY A LICENSED
GROWER IN COMPLIANCE WITH THIS ARTICLE.
4. "HEMP" MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART OF THE
PLANT, WHETHER GROWING OR NOT, WITH A DELTA-9 TETRAHYDROCANNABINOL
CONCENTRATION OF NOT MORE THAN THREE TENTHS OF ONE PERCENT ON A DRY
WEIGHT BASIS.
5. "COMMISSIONER" MEANS THE COMMISSIONER OF AGRICULTURE AND MARKETS.
S 506. GROWTH OF INDUSTRIAL HEMP PERMITTED. INDUSTRIAL HEMP IS AN
AGRICULTURAL PRODUCT WHICH MAY BE GROWN, PRODUCED, POSSESSED, AND
COMMERCIALLY TRADED IN THE STATE PURSUANT TO THE PROVISIONS OF THIS
ARTICLE.
S 507. LICENSES TO INDUSTRIAL HEMP GROWERS. 1. ANY PERSON OR BUSINESS
ENTITY WISHING TO ENGAGE IN THE PRODUCTION OF INDUSTRIAL HEMP MUST BE
LICENSED AS AN INDUSTRIAL HEMP GROWER BY THE COMMISSIONER. A PERSON
SHALL NOT GROW HEMP IN THIS STATE UNTIL HE OR SHE OBTAINS A LICENSE FROM
THE COMMISSIONER. A LICENSE FROM THE COMMISSIONER SHALL AUTHORIZE
INDUSTRIAL HEMP PRODUCTION ONLY AT A SITE OR SITES SPECIFIED BY THE
LICENSE.
2. A LICENSE FROM THE COMMISSIONER SHALL BE VALID FOR TWENTY-FOUR
MONTHS UP TO THIRTY-SIX MONTHS FROM THE DATE OF ISSUANCE AND MAY BE
RENEWED BUT SHALL NOT BE TRANSFERABLE.
3. (A) THE COMMISSIONER SHALL OBTAIN A RECORD OF CONVICTIONS IN THE
STATE AND OTHER JURISDICTIONS FOR ANY APPLICANT FOR A LICENSE WHO HAS
GIVEN WRITTEN AUTHORIZATION ON THE APPLICATION FORM. CONVICTION RECORDS
PROVIDED TO THE COMMISSIONER UNDER THIS SECTION ARE CONFIDENTIAL AND
SHALL BE USED ONLY TO DETERMINE THE APPLICANT'S ELIGIBILITY FOR LICEN-
SURE.
(B) A PERSON WHO HAS BEEN CONVICTED IN THE STATE OF A FELONY OFFENSE
OR A COMPARABLE OFFENSE IN ANOTHER JURISDICTION SHALL NOT BE ELIGIBLE
FOR A LICENSE UNDER THIS ARTICLE.
4. WHEN APPLYING FOR A LICENSE PERMIT FROM THE COMMISSIONER, AN APPLI-
CANT SHALL PROVIDE INFORMATION SUFFICIENT TO DEMONSTRATE TO THE COMMIS-
SIONER THAT THE APPLICANT INTENDS TO GROW AND IS CAPABLE OF GROWING
INDUSTRIAL HEMP IN ACCORDANCE WITH THIS ARTICLE, WHICH AT A MINIMUM
SHALL INCLUDE:
(A) FILING WITH THE COMMISSIONER A SET OF CLASSIFIABLE FINGERPRINTS
AND WRITTEN AUTHORIZATION PERMITTING THE DEPARTMENT TO GENERATE A RECORD
OF CONVICTIONS AS REQUIRED BY PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
SECTION.
(B) FILING WITH THE COMMISSIONER DOCUMENTATION CERTIFYING:
(I) THAT THE SEEDS OBTAINED FOR PLANTING ARE OF A TYPE AND VARIETY
COMPLIANT WITH THE MAXIMUM CONCENTRATION OF TETRAHYDROCANNABINOL SET
FORTH IN SUBDIVISION THREE OF SECTION FIVE HUNDRED FIVE OF THIS ARTICLE;
AND
(II) FILING WITH THE COMMISSIONER THE LOCATION AND ACREAGE OF ALL
PARCELS SOWN AND OTHER FIELD REFERENCE INFORMATION AS MAY BE REQUIRED BY
THE COMMISSIONER.
5. TO QUALIFY FOR A LICENSE FROM THE COMMISSIONER, AN APPLICANT SHALL
DEMONSTRATE TO THE SATISFACTION OF THE COMMISSIONER THAT THE APPLICANT
HAS ADOPTED METHODS TO ENSURE THE LEGAL PRODUCTION OF INDUSTRIAL HEMP,
WHICH AT A MINIMUM SHALL INCLUDE:
(A) ENSURING THAT ALL PARTS OF THE INDUSTRIAL HEMP PLANT THAT DO NOT
ENTER THE STREAM OF COMMERCE AS HEMP PRODUCTS ARE DESTROYED, INCORPO-
RATED INTO THE SOIL, OR OTHERWISE PROPERLY DISPOSED OF; AND
A. 8297 3
(B) MAINTAINING RECORDS THAT REFLECT COMPLIANCE WITH THE PROVISIONS OF
THIS ARTICLE AND WITH ALL OTHER STATE LAWS REGULATING THE PLANTING AND
CULTIVATION OF INDUSTRIAL HEMP.
6. EVERY GROWER SHALL MAINTAIN ALL PRODUCTION AND SALES RECORDS FOR AT
LEAST THREE YEARS.
7. EVERY GROWER SHALL ALLOW INDUSTRIAL HEMP CROPS, THROUGHOUT SOWING,
GROWING SEASON, HARVEST, STORAGE, AND PROCESSING, TO BE INSPECTED BY AND
AT THE DISCRETION OF THE COMMISSIONER OR HIS OR HER DESIGNEE.
S 508. REVOCATION AND SUSPENSION OF LICENSE. 1. THE COMMISSIONER MAY
DENY, SUSPEND, REVOKE, OR REFUSE TO RENEW THE LICENSE OF ANY GROWER WHO:
(A) MAKES A FALSE STATEMENT OR MISREPRESENTATION ON AN APPLICATION FOR
A LICENSE OR RENEWAL OF A LICENSE; OR
(B) FAILS TO COMPLY WITH OR VIOLATES ANY PROVISION OF THIS ARTICLE OR
ANY RULE ADOPTED UNDER IT.
2. REVOCATION OR SUSPENSION OF A LICENSE MAY BE IN ADDITION TO ANY
CIVIL OR CRIMINAL PENALTIES IMPOSED ON A GROWER FOR A VIOLATION OF ANY
OTHER STATE LAW.
S 3. Subdivision 1 of section 3397-b of the public health law, as
added by chapter 810 of the laws of 1980, is amended to read as follows:
1. "Marijuana" means marijuana as defined in section thirty-three
hundred two of this chapter [and shall also include tetrahydrocannabi-
nols or a chemical derivative of tetrahydrocannabinol].
S 4. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.