S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6418
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 6, 2023
                                ___________
 
 Introduced  by  M. of A. FALL -- read once and referred to the Committee
   on Economic Development
 
 AN ACT to amend the cannabis law, in relation to cannabinoid hemp retail
   sales and retailers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 52 and 53 of section 3 of the cannabis law are
 amended to read as follows:
   52.  "THC" means Delta-9-tetrahydrocannabinol[; Delta-8-tetrahydrocan-
 nabinol; Delta-10-tetrahydrocannabinol and the optical  isomer  of  such
 substances].
   53.  "Total  THC" means the [sum of the percentage by weight or volume
 measurement of tetrahydrocannabinolic acid multiplied  by  0.877,  plus,
 the  percentage by weight or volume measurement of THC] DRY WEIGHT TOTAL
 PERCENTAGE OF DELTA-9-TETRAHYDROCANNABINOL IN EACH PRODUCT.
   § 2. The opening paragraph and subdivision 13 of  section  91  of  the
 cannabis law is amended to read as follows:
   The  board,  WITHOUT  INFRINGING ON LICENSED RETAILERS, may make regu-
 lations pursuant to  this  article  for  the  processing,  distribution,
 marketing, transportation and sale of cannabinoid hemp and hemp extracts
 used for human consumption, which may include, but not be limited to:
   13.  Any cannabinoid hemp flower product clearly labeled or advertised
 for the purposes of smoking, or in the form of a  cigarette,  cigar,  or
 pre-roll,  or  packaged or combined with other items designed to facili-
 tate smoking such as rolling papers or pipes, shall only be offered  for
 sale  [in  adult-use  cannabis  retail dispensaries licensed pursuant to
 article four of this chapter] TO THOSE INDIVIDUALS TWENTY-ONE  YEARS  OF
 AGE AND OLDER.
   §  3.  Subdivision  2 of section 103 of the cannabis law is amended to
 read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09327-01-3
 A. 6418                             2
              

 
   2. The board may, by rules  and  regulations,  require  processors  to
 establish  a code, including, but not limited to QR code, for labels and
 establish methods and procedures for determining,  among  other  things,
 serving sizes or dosages for cannabinoid hemp, hemp extract and products
 derived  therefrom,  active  cannabinoid concentration per serving size,
 number of servings per container, and the growing region, state or coun-
 try of origin if not from the United States. Such rules and  regulations
 may  require  an appropriate fact panel that incorporates data regarding
 serving sizes and potency thereof; PROVIDED, HOWEVER, AND  NOTWITHSTAND-
 ING  ANY  STATUTE, RULE, OR REGULATION TO THE CONTRARY, ALL HEMP-DERIVED
 CANNABINOID PRODUCTS SHALL MEET THE FOLLOWING LABELING REQUIREMENTS:
   (A) A NUTRITION LABEL WITH SERVING SIZE;
   (B) A WARNING LABEL THAT THE PRODUCT IS NOT MEANT TO TREAT OR CURE ANY
 MEDICAL AILMENT AND THAT SUCH PRODUCT IS NOT REGULATED BY THE FDA;
   (C) THE AMOUNT OF HEMP DERIVED PRODUCT IN EACH SERVING OF THE  PRODUCT
 IN MILLIGRAMS; AND
   (D) THE ADDRESS OF THE MANUFACTURER OR DISTRIBUTOR.
   § 4. This act shall take effect immediately.