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US (NY): Regulations for new cannabinoid hemp program approved

The New York State Cannabis Control Board approved regulations presented by the Office of Cannabis Management establishing the State’s Cannabinoid Hemp Program. The regulations create new standards for processing, manufacturing, laboratory testing, and packaging designed to regulate cannabinoid hemp products (e.g., CBD products) in New York State. The new regulations will be effective immediately, but business will have a six-month window to comply with the new testing, and packaging, and labeling requirements.

With the adoption of the regulations, the OCM will be issuing final licenses to all businesses that have submitted the required application information and have been operating under provisional licenses or permits, with no additional fee or actions required by the licensees. Businesses interested in processing, manufacturing, or selling cannabinoid hemp products will be able to apply for a license on the program’s website. With regulations soon to be in effect, all businesses selling cannabinoid hemp products to consumers in New York State are required to obtain a license to do so.

"The hemp regulations we approved today will provide new and expanded opportunities for New York's farmers, processors, and retail businesses, including allowing the sale of hemp flower products and food and beverage products containing CBD” said Board Member Jen Metzger, who chaired the Agriculture Committee when she served in the State Senate and sponsored the original Cannabinoid Hemp Program Bill in 2019. “We are opening the doors for the hemp program to grow responsibly, establishing standards and requirements to assure safe, high-quality products for the New York market and beyond.” 

The Cannabis Control Board’s adoption today of the original regulations issued by the DOH begins the process of formally bringing the program under the jurisdiction of the OCM, enabling the OCM to issue final licenses. The regulations already received public comment when they were promulgated by the DOH. Aside from changing the name of the regulator and providing for the six-month window for businesses to comply, the proposed rules are unchanged from those issued by the DOH previously. Key provisions are described below:

Manufacturing Standards

  • Products must be manufactured using Good Manufacturing Practices (GMP) specific to the product form (e.g., food or dietary supplement) to ensure the products are produced in sanitary conditions

Laboratory Standards

  • Products must be tested by accredited laboratories (ISO/IEC 17025) prior to sale to the consumer for a full panel of analytes including cannabinoid profile, heavy metals, microbials, pesticides, mycotoxins, and residual solvents

Packaging and Labeling Standards

  • Packaging and labeling of products must include the following information: Nutritional or supplement fact panel, list of all ingredients in the product, total cannabinoids per product/serving, stating the amount of CBD and THC, if applicable, QR code or link to Certificate of Analysis, required warnings for the consumer, mechanism to report an adverse event, and an expiration or best buy date

Product Forms

  • The regulations permit cannabinoid hemp flower products to be sold. For hemp flower products to be sold, they must not be marketed or advertised for the purpose of smoking or be in the form of a pre-roll, cigar, or joint.
  • The regulations prohibit the sale of Delta-8 THC products. These products contain intoxicating qualities which are better left to be regulated in the future Adult-Use program. The Office does not regulate Delat-8 THC products available online or in stores today and strongly urges consumer caution when purchasing a product from an unknown source.

So far, the Cannabinoid Hemp Program has provisionally approved a total of 2,856 licenses.

For more information:
New York State

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