Senate Bill S6961

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

                                  6961

                            I N  S E N A T E

                             March 10, 2016
                               ___________

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 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. The article heading of article 29 of the agriculture and  markets
law,  as added by chapter 524 of the laws of 2014, is amended to read as
follows:
                               ARTICLE 29
                 GROWTH OF INDUSTRIAL HEMP PILOT PROGRAM
  S 3. The agriculture and markets law is amended by adding a new  arti-
cle 29-A to read as follows:
                              ARTICLE 29-A
                        GROWTH OF INDUSTRIAL HEMP
SECTION 510. DEFINITIONS.
        511. GROWTH OF INDUSTRIAL HEMP PERMITTED.
        512. LICENSES TO INDUSTRIAL HEMP GROWERS.
        513. REVOCATION AND SUSPENSION OF LICENSE.
        514. RULES AND REGULATIONS.
  S 510. 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06356-02-5
              

S. 6961                             2

FIED  SEED  FOR CULTIVATION IF SUCH SEEDS ORIGINATE FROM INDUSTRIAL HEMP
VARIETIES.
  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  511.  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 512. 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 TEN 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:

S. 6961                             3

  (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
  (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  513.  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  514.  RULES  AND  REGULATIONS.  THE  COMMISSIONER SHALL ADOPT RULES
AND/OR REGULATIONS TO PROVIDE FOR THE IMPLEMENTATION  OF  THIS  ARTICLE,
WHICH  SHALL INCLUDE RULES TO ALLOW FOR THE INDUSTRIAL HEMP TO BE TESTED
DURING GROWTH FOR TETRAHYDROCANNABINOL LEVELS AND TO  ALLOW  FOR  SUPER-
VISION  OF  THE  INDUSTRIAL HEMP DURING SOWING, GROWING SEASON, HARVEST,
STORAGE AND PROCESSING.
  S 4. 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] MARIHUANA as defined in section thir-
ty-three hundred two of this chapter [and shall also include tetrahydro-
cannabinols or a chemical derivative of tetrahydrocannabinol].
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, that if chapter 524 of the laws of 2014  is
not  in effect on such effective date then section two of this act shall
take effect on the same date as such chapter,  takes  effect;  provided,
further,  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.