NY State Senate Bill S4340A

Current Bill Status - In Senate Committee Health Committee

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

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Actions

view actions (5)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Mar 09, 2021	print number 4340a
Mar 09, 2021	amend (t) and recommit to finance reported and committed to finance
Feb 03, 2021	referred to health

Votes

view votes

Mar 9, 2021 - Health committee Vote

S4340

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S4340 - Details

See Assembly Version of this Bill:: A2682
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§3398, 3398-c & 3398-s, Pub Health L

S4340 - Summary

Relates to the sale of cannabinoid hemp flower.

S4340 - Sponsor Memo

 
BILL NUMBER: S4340

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the public health law, in relation to the sale of canna-
binoid hemp and hemp extract

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to allow the direct sale of hemp
flower from producers to consumers.

 
SUMMARY OF PROVISIONS:

Section 1: Subdivision 2 of section 3398 of the public health law is
amended to allow for the sale of unprocessed cannabinoid hemp, and would
place it under the jurisdiction of the Department of Agriculture and
Markets.

Section 2: Section 3398-a of the public health law is amended to exempt

hemp flower from regulations involving processing, distribution, market-
ing, transportation and sale,

Section 3: Section 3398-b of the public health law is amended by adding
a new subdivision 7 which would exempt the sale of hemp flower.

Section 4: Effective date.

 
JUSTIFICATION:

in 2020, the Legislature passed A-8977-Lupardo/S-6968-Metzger, which the
Governor signed into law, called for the creation of a regulatory frame-
work for hemp and hemp extracts within the NYS Department of Health. In
the proposed DOH regulations, the sale of hemp flower to consumers with-
in the State would be prohibited.

While the hemp extracts legislation was making its way through the
legislative and regulatory process, an industry was already emerging
within the existing regulatory framework. Hemp flower was grown, pack-
aged, and sold to a large customer base; products that will be illegal
under the DOH framework.

Given the fact the Office of Cannabis Management (OCM) will oversee
cannabinoid hemp in the near future, it makes no sense to ban a product
that will be regulated along with all forms of smokable cannabis. Creat-
ing a huge market disruption now, when it will likely be legal under the
OCM makes little sense. The intent of the original legislation was to
establish a basic regulatory framework, to address current marketplace
practices, while waiting for the 0CM to be established. It's also worth
mentioning that it will be nearly impossible to prevent a robust under-
ground market for hemp flower in the interim.

 
PRIOR LEGISLATIVE HISTORY:

This is new legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This enactment of this legislation will result in increased sales tax
revenue for both state and local governments.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S4340 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4340
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to the sale of canna-
   binoid hemp and hemp extract
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Subdivision 2 of section 3398 of the public health law, as
 added by chapter 1 of the laws of 2020, is amended to read as follows:
   2. "Cannabinoid hemp" means any [hemp and any]  product  processed  or
 derived from hemp, that is used for human consumption provided that when
 such  product  is  packaged or offered for retail sale to a consumer, it
 shall not have a concentration of more than three tenths  of  a  percent
 delta-9 tetrahydrocannabinol.
   § 2. The opening paragraph of section 3398-a of the public health law,
 as  added  by  chapter  1  of  the  laws  of 2020, is amended to read as
 follows:
   The commissioner may make regulations pursuant to this article for the
 processing, distribution, marketing, transportation and  sale  of  PROC-
 ESSED cannabinoid hemp and DERIVED hemp extracts used for human consump-
 tion, which may include, but not be limited to:
   §  3.  Section  3398-b of the public health law is amended by adding a
 new subdivision 7 to read as follows:
   7. NOTHING IN THIS ARTICLE SHALL PROHIBIT  OR  OTHERWISE  PREVENT  THE
 SALE  OF  HEMP,  PROVIDED  THAT THE HEMP HAS NOT UNDERGONE PROCESSING AS
 DEFINED IN SUBDIVISION EIGHT OF  SECTION  THIRTY-THREE  HUNDRED  NINETY-
 EIGHT OF THIS ARTICLE.
   § 4. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07574-01-1

Co-Sponsors

S4340A (ACTIVE) - Details

See Assembly Version of this Bill:: A2682
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§3398, 3398-c & 3398-s, Pub Health L

S4340A (ACTIVE) - Summary

Relates to the sale of cannabinoid hemp flower.

S4340A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4340A

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the public health law, in relation to the sale of canna-
binoid hemp flower

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to allow the direct sale of hemp
flower from producers to consumers over the age of twenty-one.

 
SUMMARY OF PROVISIONS:

Section 1: Section 3398 of the public health law is amended by adding a
new subdivision 2-a define the term cannabinoid hemp flower.

Section 2: Section 3398-c of the public health law is amended to author-
ize retail license holders to be authorized to sell hemp flower to indi-
viduals over twenty-one.

Section 3: Section 3398-s of the public health law is amended by adding
a new subdivision 4 which would state that nothing in the article shall
prohibit or prevent the sale of cannabinoid hemp flower.

Section 4: Effective date.

 
JUSTIFICATION:

In 2020, the Legislature passed A-8977-Lupardo/S-6968-Metzger, which the
Governor signed into law, called for the creation of a regulatory frame-
work for hemp and hemp extracts within the NYS Department of Health. In
the proposed DOH regulations, the sale of hemp flower to consumers with-
in the State would be prohibited.  While the hemp extracts legislation
was making its way through the legislative and regulatory process, an
industry was already emerging within the existing regulatory framework.
Hemp flower was grown, packaged, and sold to a large customer base;
products that will be illegal under the DOH framework.

Given the fact the Office of Cannabis Management (OCM) will oversee
cannabinoid hemp in the near future, it makes no sense to ban a product
that will be regulated along with all forms of cannabis.  Creating a
huge market disruption now, when it will likely be legal under the OCM
makes little sense. The intent of the original legislation was to estab-
lish a basic regulatory framework, to address current marketplace prac-
tices, while waiting for the OCM to be established. It is also worth
mentioning that it will be nearly impossible to prevent a robust under-
ground market for hemp flower in the interim.

 
PRIOR LEGISLATIVE HISTORY:

This is new legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This enactment of this legislation will result in increased sales tax
revenue for both state and local governments.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S4340A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4340--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced by Sens. HINCHEY, JACKSON, MYRIE, O'MARA, RAMOS -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on  Health  -- reported favorably from said committee and committed to
   the Committee  on  Finance  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the public health law, in relation to the sale of canna-
   binoid hemp flower
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3398 of the public health law is amended by  adding
 a new subdivision 2-a to read as follows:
   2-A.  "CANNABINOID HEMP FLOWER" MEANS THE FLOWER OF THE PLANT CANNABIS
 SATIVA  L.  THAT HAS BEEN HARVESTED,  DRIED,  AND  CURED, WITH A DELTA-9
 TETRAHYDROCANNABINOL CONCENTRATION (THC) OF NOT MORE  THAN  THREE-TENTHS
 OF A PERCENT ON A DRY WEIGHT BASIS, PRIOR TO ANY PROCESSING. CANNABINOID
 HEMP FLOWER SHALL NOT INCLUDE "MEDICAL MARIHUANA" AS DEFINED IN SUBDIVI-
 SION EIGHT OF SECTION THIRTY-THREE HUNDRED SIXTY OF THIS CHAPTER.
   §  2.  Section  3398-c of the public health law is amended by adding a
 new subdivision 3 to read as follows:
   3. RETAIL LICENSE HOLDERS SHALL BE AUTHORIZED TO SELL CANNABINOID HEMP
 FLOWER AND ALL OTHER PRODUCTS APPROVED TO BE SOLD  AS  CANNABINOID  HEMP
 PRODUCTS.  RETAIL  LICENSE HOLDERS MAY ONLY SELL CANNABINOID HEMP FLOWER
 TO A PERSON OVER TWENTY-ONE YEARS OF AGE.
   § 3. Section 3398-s of the public health law is amended  by  adding  a
 new subdivision 4 to read as follows:
   4.  NOTHING  IN  THIS  ARTICLE SHALL PROHIBIT OR OTHERWISE PREVENT THE
 SALE OF CANNABINOID HEMP FLOWER.
   § 4. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07574-07-1

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The New York State Senate

senate Bill S4340A

Sponsored By

Current Bill Status - In Senate Committee Health Committee

Your Voice

Actions

Votes

Mar 9, 2021 - Health committee Vote

Committee Vote: Mar 9, 2021

Bill Amendments

Co-Sponsors

S4340 - Details

S4340 - Summary

S4340 - Sponsor Memo

S4340 - Bill Text download pdf

Co-Sponsors

S4340A (ACTIVE) - Details

S4340A (ACTIVE) - Summary

S4340A (ACTIVE) - Sponsor Memo

S4340A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4340A

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Sponsored By

Current Bill Status - In Senate Committee Health Committee

Your Voice

Actions

Votes

Mar 9, 2021 - Health committee Vote

Committee Vote: Mar 9, 2021

Bill Amendments

Co-Sponsors

S4340 - Details

S4340 - Summary

S4340 - Sponsor Memo

S4340 - Bill Text download pdf

Co-Sponsors

S4340A (ACTIVE) - Details

S4340A (ACTIVE) - Summary

S4340A (ACTIVE) - Sponsor Memo

S4340A (ACTIVE) - Bill Text download pdf

Comments