NY State Senate Bill S7047

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 17, 2014	approval memo.24 signed chap.524
Dec 05, 2014	delivered to governor
Jun 11, 2014	returned to senate passed assembly ordered to third reading rules cal.188 substituted for a9140 referred to ways and means delivered to assembly passed senate
Jun 10, 2014	ordered to third reading cal.1265 committee discharged and committed to rules
Apr 21, 2014	referred to agriculture

Votes

Co-Sponsors

S7047 (ACTIVE) - Details

See Assembly Version of this Bill:: A9140
Law Section:: Agriculture and Markets Law
Laws Affected:: Ren Art 29 §§450 - 455 to be Art 30 §§550 - 555, add Art 29 §§505 - 508, Ag & Mkts L

S7047 (ACTIVE) - Summary

Authorizes the growing of industrial hemp as part of an agricultural pilot program.

S7047 (ACTIVE) - Sponsor Memo

BILL NUMBER:S7047

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to authorizing the growing of industrial hemp as part of an
agricultural pilot program

PURPOSE OF BILL:

To authorize the growing of industrial hemp as part of an agricultural
pilot program conducted by the department of Agriculture and/or an
institution of higher education pursuant to authorization under
federal law.

SUMMARY OF PROVISIONS:

Section 1 outlines legislative intent.  Section 2 adds a new article
29 to the agriculture and markets law establishing definitions,
prohibitions, and regulations for the growing of industrial hemp as
part of an agricultural pilot program pursuant to authorization under
federal law.

Section 3 establishes an effective date.

JUSTIFICATION:

The (federal) Agriculture Act of 2014 (Farm Bill) included a provision

to allow the cultivation of industrial hemp for research in states
that have legalized its growth. This bill would allow New York State
to take advantage of this federal authorization.  Industrial hemp
production would offer significant new economic opportunities for New
York State. Over 30 countries grow and process industrial hemp,
including Canada, Germany, England and France.  Currently, in the
United States, the Controlled Substance Act makes it illegal to raise
industrial hemp (Cannabis saliva) commercially without a permit from
the Drug Enforcement Agency (DEA).

In an effort to take advantage of opportunities presented by hemp
production, ten states have now legalized its production when
permitted under federal regulations, with California being the most
recent to act in October of 2013. Many of these states are actively
pursuing licensure by the DEA. This legislation would ensure that New
York was positioned to take advantage of this new market should
federal policy permit. Industrial hemp and marijuana are both
classified by taxonomists as Cannabis saliva, a species with hundreds
of varieties. C. saliva is a member of the mulberry family. However,
industrial hemp is bred to maximize fiber, seed and/or oil while
marijuana varieties seek to maximize TI-IC (delta 9
tetrahydrocannabinol, the primary psychoactive ingredient in
marijuana), industrial hemp has a THC content of between 0.05 and 1%.
Marijuana has a THC content of 3% to 20%. Industrial hemp has numerous
uses. The major market for industrial hemp is as a food or supplement
as it is rich in protein and Omega fatty acids, and has a high fiber
content. The clothing industry also produces apparel and accessories
from industrial hemp and hemp blended fabrics. Auto manufacturers use
durable, green hemp composites and fabrics when feasible. Industrial
hemp can also be used for building materials, plant based plastics,


and paper products. Hemp can produce significantly higher yields than
competing crops, producing twice as much fiber per acre as cotton.

PRIOR LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

TBD

EFFECTIVE DATE:

180 days after becoming law.

S7047 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7047

                            I N  S E N A T E

                             April 21, 2014
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to  author-
  izing  the growing of industrial hemp as part of an agricultural pilot
  program

  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  an  agricultural  pilot
program,  as authorized under federal law, for the growing of industrial
hemp in the state to provide research-based knowledge that can  be  used
by  farmers  and  businesses  to  develop  a successful hemp industry if
federal authorization is granted.
  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 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. PROHIBITIONS.
        508. REGULATIONS.
  S 505. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  "INDUSTRIAL  HEMP" MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART
OF SUCH PLANT, WHETHER GROWING OR NOT, WITH A DELTA-9 TETRAHYDROCANNABI-
NOL CONCENTRATION OF NOT MORE THAN 0.3 PERCENT ON A DRY WEIGHT BASIS.
  2. "INSTITUTION OF HIGHER EDUCATION" MEANS:
  (A) ANY OF THE COLLEGES  AND  UNIVERSITIES  DESCRIBED  IN  SUBDIVISION
THREE OF SECTION THREE HUNDRED FIFTY-TWO OF THE EDUCATION LAW;
  (B)  A  COLLEGE ESTABLISHED AND OPERATED PURSUANT TO THE PROVISIONS OF
ARTICLE ONE HUNDRED TWENTY-SIX OF THE EDUCATION LAW, AND PROVIDING  TWO-
YEAR  OR  FOUR-YEAR  POST  SECONDARY  PROGRAMS  IN GENERAL AND TECHNICAL
EDUCATIONAL SUBJECTS AND RECEIVING FINANCIAL ASSISTANCE FROM THE STATE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD01442-02-4

S. 7047                             2

  (C) THE CITY UNIVERSITY OF NEW YORK, AS DEFINED IN SUBDIVISION TWO  OF
SECTION SIXTY-TWO HUNDRED TWO OF THE EDUCATION LAW; AND
  (D)  A NOT-FOR-PROFIT TWO OR FOUR YEAR UNIVERSITY OR COLLEGE GIVEN THE
POWER TO CONFER ASSOCIATE, BACCALAUREATE OR HIGHER DEGREES IN THIS STATE
BY THE LEGISLATURE OR BY THE REGENTS UNDER ARTICLE FIVE OF THE EDUCATION
LAW.
  S 506.  GROWTH  OF  INDUSTRIAL  HEMP  PERMITTED.  NOTWITHSTANDING  ANY
PROVISION  OF  LAW  TO  THE CONTRARY, INDUSTRIAL HEMP IS AN AGRICULTURAL
PRODUCT WHICH MAY BE GROWN, PRODUCED AND POSSESSED IN THE STATE AS  PART
OF AN AGRICULTURAL PILOT PROGRAM PURSUANT TO AUTHORIZATION UNDER FEDERAL
LAW AND THE PROVISIONS OF THIS ARTICLE.
  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY RESTRICTING THE
GROWING OR CULTIVATING OF INDUSTRIAL HEMP, AND SUBJECT TO  AUTHORIZATION
UNDER FEDERAL LAW, THE COMMISSIONER MAY AUTHORIZE NO MORE THAN UP TO TEN
SITES  FOR  THE  GROWING OR CULTIVATING OF INDUSTRIAL HEMP AS PART OF AN
AGRICULTURAL PILOT PROGRAM CONDUCTED BY THE DEPARTMENT AND/OR AN  INSTI-
TUTION  OF  HIGHER EDUCATION TO STUDY THE GROWTH AND CULTIVATION OF SUCH
HEMP PROVIDED THAT THE SITES USED FOR GROWING OR CULTIVATING  INDUSTRIAL
HEMP ARE CERTIFIED BY, AND REGISTERED WITH, THE DEPARTMENT.
  S  507.  PROHIBITIONS.  THE SALE, DISTRIBUTION OR EXPORT OF INDUSTRIAL
HEMP GROWN OR CULTIVATED PURSUANT TO THIS ARTICLE IS PROHIBITED.
  S 508. REGULATIONS. IN COOPERATION WITH THE COMMISSIONER OF HEALTH AND
THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES,  THE  COMMISSIONER  SHALL
DEVELOP  REGULATIONS  CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE FOR
THE APPROVAL OF AGRICULTURAL PILOT PROGRAMS FOR THE GROWING  AND  CULTI-
VATION OF INDUSTRIAL HEMP, INCLUDING, BUT NOT LIMITED TO:
  (A)  THE  AUTHORIZATION  OF ANY PERSON WHO AS PART OF SUCH PROGRAM MAY
ACQUIRE OR POSSESS INDUSTRIAL HEMP OR HEMP SEEDS; AND
  (B) THE DISPOSITION OF INDUSTRIAL HEMP AFTER  IT  HAS  BEEN  GROWN  OR
CULTIVATED AND STUDIED.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  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.

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The New York State Senate

senate Bill S7047

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

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Votes

Jun 11, 2014 - floor Vote

Floor Vote: Jun 11, 2014

Jun 10, 2014 - Rules committee Vote

Rules Committee Vote: Jun 10, 2014

Co-Sponsors

S7047 (ACTIVE) - Details

S7047 (ACTIVE) - Summary

S7047 (ACTIVE) - Sponsor Memo

S7047 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7047

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Sponsored By

Thomas F. O'Mara

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 11, 2014 - floor Vote

Floor Vote: Jun 11, 2014

Jun 10, 2014 - Rules committee Vote

Rules Committee Vote: Jun 10, 2014

Co-Sponsors

Liz Krueger

Velmanette Montgomery

John L. Sampson

Cecilia Tkaczyk

S7047 (ACTIVE) - Details

S7047 (ACTIVE) - Summary

S7047 (ACTIVE) - Sponsor Memo

S7047 (ACTIVE) - Bill Text download pdf

Comments