Assembly Bill A3947

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3947
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced by M. of A. FAHY, LUPARDO, GLICK, SIMON, DICKENS -- read once
   and referred to the Committee on Economic Development
 
 AN ACT to amend the cannabis law, in relation to the packaging of canna-
   bis and hemp products
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 81 of the cannabis law is amended by adding  a  new
 subdivision 2-a to read as follows:
   2-A.  SUCH  RULES AND REGULATIONS SHALL INCLUDE REQUIRING THE BOARD TO
 DEVELOP STRATEGIC PLANS DETAILING THE PRIMARY USE OF INDUSTRIAL HEMP FOR
 PACKAGING AND LABELING REQUIREMENTS TO BE USED PRIOR TO THE RETAIL  SALE
 OF  ANY  CANNABIS OR CANNABIS PRODUCT TO A CANNABIS CONSUMER, IN ACCORD-
 ANCE WITH THIS CHAPTER.   FOR THE PURPOSES OF  THIS  SECTION,  THE  TERM
 "INDUSTRIAL   HEMP" MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART   OF
 SUCH   PLANT,    WHETHER GROWING    OR    NOT,    WITH    A      DELTA-9
 TETRAHYDROCANNABINOL CONCENTRATION OF NOT MORE THAN 0.3 PERCENT ON A DRY
 WEIGHT BASIS.
   § 2. The cannabis law is amended by adding a new section 103-a to read
 as follows:
   §  103-A.  SUSTAINABLE  CANNABIS PACKAGING; INCUBATOR PROGRAM. 1.  THE
 BOARD, IN COORDINATION WITH THE EMPIRE  STATE  DEVELOPMENT  CORPORATION,
 AND AFTER RECEIVING INPUT FROM OTHER RELEVANT STAKEHOLDERS, SHALL ESTAB-
 LISH AND IMPLEMENT A SUSTAINABLE CANNABIS PACKAGING INCUBATOR PROGRAM TO
 ENCOURAGE  THE  USE  AND  DEVELOPMENT  OF SUSTAINABLE CANNABIS PACKAGING
 MATERIALS FOR USE IN THE ADULT-USE CANNABIS INDUSTRY.
   2. SUCH PROGRAM PARTICIPANTS SHALL DEVELOP COMPOSTABLE AND BIODEGRADA-
 BLE CANNABIS PACKAGING MATERIALS AND SHALL PRIORITIZE THE USE OF  INDUS-
 TRIAL  HEMP FOR THE CREATION OF SUCH PACKAGING MATERIALS. SUCH COMPOSTA-
 BLE AND BIODEGRADABLE CANNABIS PACKAGING MATERIALS PRODUCED THROUGH  THE
 INCUBATOR PROGRAM SHALL BE NO LESS THAN THIRTY PERCENT HEMP.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04382-01-3
 A. 3947                             2
              

 
   3. ALL PARTICIPANTS IN SUCH PROGRAM SHALL BE REQUIRED TO PURCHASE HEMP
 PRODUCTS  FROM  EITHER: (A) A NEW YORK STATE RESIDENT OR BUSINESS ENTER-
 PRISE, INCLUDING A SOLE PROPRIETORSHIP, PARTNERSHIP,  LIMITED  LIABILITY
 COMPANY  OR CORPORATION, THAT MEETS THE SMALL FARM CLASSIFICATION DEVEL-
 OPED BY THE ECONOMIC RESEARCH SERVICE OF THE UNITED STATES DEPARTMENT OF
 AGRICULTURE,  HAS  FILED  A  SCHEDULE  F WITH FARM RECEIPTS FOR THE LAST
 THREE YEARS, QUALIFIES FOR AN AGRICULTURE  ASSESSMENT  AND  MEETS  OTHER
 QUALIFICATIONS  DEFINED  IN  REGULATION BY THE BOARD TO DEMONSTRATE THAT
 THEY OPERATE A FARM OPERATION, AS DEFINED IN SECTION THREE  HUNDRED  ONE
 OF  THE AGRICULTURE AND MARKETS LAW; OR (B) A NEW YORK STATE RESIDENT OR
 BUSINESS  ENTERPRISE,  INCLUDING  A  SOLE  PROPRIETORSHIP,  PARTNERSHIP,
 LIMITED LIABILITY COMPANY OR CORPORATION, THAT IS A SMALL FARM OPERATOR.
   4.  THE BOARD SHALL PROMULGATE GUIDELINES, RULES AND REGULATIONS AS IT
 MAY DEEM NECESSARY TO FULLY EFFECTUATE THE PROVISIONS OF THIS SECTION.
   5. THE BOARD SHALL ALLOCATE AVAILABLE FUNDS TO ADMINISTER THE  PROGRAM
 CREATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.