S T A T E O F N E W Y O R K
________________________________________________________________________
5750
2025-2026 Regular Sessions
I N S E N A T E
February 28, 2025
___________
Introduced by Sen. HINCHEY -- 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 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.
LBD10164-01-5
S. 5750 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.