NY State Senate Bill 2023-S8463

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 01, 2024	referred to investigations and government operations

co-Sponsors

2023-S8463 (ACTIVE) - Details

See Assembly Version of this Bill:: A9047
Current Committee:: Senate Investigations And Government Operations
Law Section:: Cannabis Law
Laws Affected:: Amd §§3, 91 & 103, Cannabis L

2023-S8463 (ACTIVE) - Summary

Provides that a retailer licensed by the office of cannabis management shall be permitted to sell any and all forms of cannabinoid hemp.

2023-S8463 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8463

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the cannabis law, in relation to the sale of cannabinoid
hemp products; and directing the office of cannabis management to repeal
certain emergency regulations

 
PURPOSE:

The legislation will ensure that licensed hemp dealers are allowed to
distribute and/or sell hemp-derived cannabinoid products so long as
those products meet the definition of cannabinoid hemp defined by the
2018 United States Farm Law and comply with packaging, labeling, and age
requirements set forth in this bill.

 
SUMMARY OF PROVISIONS:

MRTA Article 1, Section 3, subsections 52 and 53 are amended by altering
the definitions to better reflect federal regulations to which they now
read:

52. "THC" means Delta-9-tetrahydrocannabinol.

53. "Total THC" means the dry weight total percentage of Delta-9-tetrah-
ydrocannabinol in each product.  MRTA Article 5, Section 91 is amended
to add new subsection two (2) which shall read:

Commencing on January 1, 2024, a retailer licensed by the office pursu-
ant to this Article or any applicable rule shall be permitted to sell
any and all forms of Cannabinoid Hemp; provided that such forms of
Cannabinoid Hemp meet the requirements set forth in this article.  The
cannabis control board shall have the authority to promulgate any rules
necessary to ensure the safety of Cannabinoid Hemp, so long as said
rules do not infringe upon the ability of licensed hemp retailers to
sell Cannabinoid Hemp. Any prior or future rules, policies, or regu-
lations promulgated by the board or any other rulemaking body to prohib-
it the selling of any form of cannabinoid hemp shall become null and
void.

Subdivision 13 of section 91 of the Cannabis Law is amended to apply a
21-year age requirement for the purchase of such products.

Subdivision 2 of section 103 of the Cannabis Law is amended to remove
language granting authority to the Cannabis Control Board to require
processors to establish a code for labels and establish methods and
procedures for determining serving and package sizes or dosages for
cannabinoid hemp among other things.

This language is replaced with the following: Notwithstanding any law,
rule or regulation to the contrary, all hemp-derived cannabinoid
products must meet the following labeling requirements:

(a) Nutrition label with serving size;

(b) A warning label that the product is not meant to treat or cure any
medical ailment that it 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.

 
JUSTIFICATION:

Over the last several years, states across the country have ended the
prohibition of hemp-derived cannabis products. New York has been no
different as it recently legalized recreational marijuana and ended the
prohibition of cannabis. However, recently enacted regulations by the
Cannabis Control Board threaten to criminalize the sale of certain hemp-
derived products. The decision to make certain hemp-derived cannabinoids
illegal to distribute or sell in a licensed environment will once again
turn law-abiding citizens and business owners into criminals in the eyes
of the state. This would greatly hinder the work being done to aid those
disproportionately impacted communities most affected by the prohibition
of cannabis.

There is no justification as to why licensed and regulated businesses
should not be allowed to distribute or sell hemp-derived cannabinoid
products in a safe manner. This bill would protect the free market of
the hemp industry and ensure that the entirety of the hemp plant is
available in the free market and that a monopoly of cannabinoid hemp
products does not arise within marijuana dispensaries.

Thus, this legislation will ensure greater public accessibility to
cannabinoid hemp products , provided that those products are sold in a
licensed and regulated manner. All cannabinoid hemp products that meet
the definition in Article 5 of the MRTA should be permitted to be
distributed or sold by licensed dealers, regardless if they are within
hemp retail locations or marijuana dispensaries.

 
LEGISLATIVE HISTORY:

S.9165 of 2021-22: New Bill, Civil Service and Pensions

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2023-S8463 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8463
 
                             I N  S E N A T E
 
                             February 1, 2024
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the cannabis law, in relation to the sale of cannabinoid
   hemp  products;  and  directing  the  office of cannabis management to
   repeal certain emergency regulations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The office of cannabis management shall repeal the cannabi-
 noid  hemp  emergency  regulations  adopted by such office on July 27th,
 2023.
   § 2. 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.
   § 3. Section 91 of the cannabis law is amended by adding a new closing
 paragraph to read as follows:
   COMMENCING ON JANUARY FIRST,  TWO  THOUSAND  TWENTY-FOUR,  A  RETAILER
 LICENSED  BY  THE OFFICE PURSUANT TO THIS ARTICLE OR ANY APPLICABLE RULE
 SHALL BE PERMITTED TO SELL  ANY  AND  ALL  FORMS  OF  CANNABINOID  HEMP;
 PROVIDED  THAT  SUCH FORMS OF CANNABINOID HEMP MEET THE REQUIREMENTS SET
 FORTH IN THIS ARTICLE. THE CANNABIS CONTROL BOARD SHALL HAVE THE AUTHOR-
 ITY TO PROMULGATE ANY RULES NECESSARY TO ENSURE THE SAFETY  OF  CANNABI-
 NOID  HEMP,  SO  LONG  AS SAID RULES DO NOT INFRINGE UPON THE ABILITY OF
 LICENSED HEMP RETAILERS TO SELL CANNABINOID HEMP. ANY  PRIOR  OR  FUTURE
 RULES,  POLICIES,  OR  REGULATIONS PROMULGATED BY THE BOARD OR ANY OTHER
 RULEMAKING BODY TO PROHIBIT THE SELLING OF ANY FORM OF CANNABINOID  HEMP
 SHALL BE NULL AND VOID.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13669-01-3

 S. 8463                             2
 
   §  4.  Subdivision  13 of section 91 of the cannabis law is amended to
 read as follows:
   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 PERSONS TWENTY-ONE  YEARS  OF  AGE  AND
 OLDER.
   §  5.  Subdivision  2 of section 103 of the cannabis law is amended to
 read as follows:
   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] NOTWITHSTANDING  ANY  LAW,  RULE,  OR
 REGULATION  TO  THE CONTRARY, ALL HEMP-DERIVED CANNABINOID PRODUCTS MUST
 MEET THE FOLLOWING LABELING REQUIREMENTS:
   (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 IT 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.
   § 6. This act shall take effect immediately.

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Senate Bill S8463

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

2023-S8463 (ACTIVE) - Details

2023-S8463 (ACTIVE) - Summary

2023-S8463 (ACTIVE) - Sponsor Memo

2023-S8463 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8463

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Sponsored By

Luis R. Sepúlveda

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

Rob Rolison

2023-S8463 (ACTIVE) - Details

2023-S8463 (ACTIVE) - Summary

2023-S8463 (ACTIVE) - Sponsor Memo

2023-S8463 (ACTIVE) - Bill Text download pdf

Comments