S T A T E O F N E W Y O R K
________________________________________________________________________
6174
2023-2024 Regular Sessions
I N A S S E M B L Y
April 3, 2023
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the cannabis law, in relation to prohibiting the culti-
vation, processing, distribution and sale of edible cannabis products,
flavored cannabis vape cartridges and other flavored cannabis
products, and providing restrictions on the labeling and advertisement
of flavored cannabis products
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of the cannabis law is amended by adding a new
subdivision 24-a to read as follows:
24-A. "EDIBLE CANNABIS PRODUCT" MEANS CANNABIS IN A CONSUMABLE FORM
INCLUDING, BUT NOT LIMITED TO, CANDY PRODUCTS, BAKED GOODS, CHIPS,
CRACKERS AND DRINKS.
§ 2. Subdivision 1 of section 84 of the cannabis law is amended by
adding two new paragraphs (a) and (b) to read as follows:
(A) NO DISTRIBUTOR SHALL SELL OR DISTRIBUTE ANY EDIBLE CANNABIS PROD-
UCT.
(B) NO DISTRIBUTOR SHALL SELL OR DISTRIBUTE ANY FLAVORED CANNABIS VAPE
CARTRIDGE.
§ 3. Subdivision 3 of section 85 of the cannabis law is amended by
adding two new paragraphs (a) and (b) to read as follows:
(A) NO CANNABIS RETAIL LICENSEE SHALL SELL, DELIVER, OR GIVE AWAY OR
CAUSE OR PERMIT OR PROCURE TO BE SOLD, DELIVERED OR GIVEN AWAY ANY
EDIBLE CANNABIS PRODUCT.
(B) NO CANNABIS RETAIL LICENSEE SHALL SELL, DELIVER, OR GIVE AWAY OR
CAUSE OR PERMIT OR PROCURE TO BE SOLD, DELIVERED OR GIVEN AWAY ANY
FLAVORED VAPE CARTRIDGE.
§ 4. Subdivision 1 of section 125 of the cannabis law is amended by
adding two new paragraphs (a) and (b) to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10334-01-3
A. 6174 2
(A) NO REGISTERED ORGANIZATION, LICENSEE, OR PERMITTEE OR OTHER ENTITY
UNDER THE JURISDICTION OF THE BOARD SHALL SELL, DELIVER OR GIVE AWAY, OR
CAUSE, PERMIT OR PROCURE TO BE SOLD, DELIVERED OR GIVEN AWAY ANY EDIBLE
CANNABIS PRODUCT.
(B) NO REGISTERED ORGANIZATION, LICENSEE, OR PERMITTEE OR OTHER ENTITY
UNDER THE JURISDICTION OF THE BOARD SHALL SELL, DELIVER OR GIVE AWAY, OR
CAUSE, PERMIT OR PROCURE TO BE SOLD, DELIVERED OR GIVEN AWAY ANY
FLAVORED CANNABIS VAPE CARTRIDGE.
§ 5. Section 83 of the cannabis law is amended by adding a new subdi-
vision 11 to read as follows:
11. (A) NO CULTIVATOR OF ADULT-USE CANNABIS SHALL GROW OR CLONE ANY
CANNABIS PLANT WHICH IS FLAVORED BY THE INFUSION OF ADDED TERPENES.
(B) NO PROCESSOR OF ADULT-USE CANNABIS SHALL EXTRACT, BLEND, INFUSE OR
OTHERWISE MANUFACTURE ANY CANNABIS PRODUCT WITH ADDED TERPENES FOR
FLAVOR.
(C) FOR PURPOSES OF THIS SUBDIVISION, THE TERM "TERPENE" SHALL INCLUDE
CANNABIS-DERIVED TERPENES, NATURALLY-DERIVED TERPENES, INCLUDING BUT NOT
LIMITED TO LAVENDER, CITRUS AND PINE NEEDLES, AND SYNTHETICALLY-DERIVED
TERPENES.
§ 6. Section 81 of the cannabis law is amended by adding a new subdi-
vision 8 to read as follows:
8. SUCH RULES AND REGULATIONS SHALL INCLUDE THE PROHIBITION OF PRODUCT
LABELING OR PACKAGING THAT REFLECTS THE NAME OF OR A TYPE OF FOOD.
CULTIVATORS AND PROCESSORS OF CANNABIS MAY DISTINGUISH BETWEEN TYPES OF
CANNABIS BY ASSIGNING DIFFERENT NAMES TO DIFFERENT VARIETIES, SO LONG AS
SUCH NAMES DO NOT INCLUDE ANY REFERENCES TO FOOD.
§ 7. Paragraph (d) of subdivision 2 of section 86 of the cannabis law
is amended to read as follows:
(d) is designed in any way to appeal to children or other minors,
INCLUDING BUT NOT LIMITED TO, GIVING CANNABIS PRODUCTS FOOD-RELATED
NAMES;
§ 8. This act shall take effect on the thirtieth day after it shall
have become a law. 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 to be made and completed
on or before such effective date.