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NY Cannabis Control Board finalizes hemp rules

The New York State Cannabis Control Board (CCB) voted on Friday to adopt cannabinoid hemp products regulations, establish fees for licensed cannabis laboratories across New York, and to renew medical cannabis registrations. New York’s 27 adult-use cannabis dispensaries and 54 Cannabis Growers Showcases have generated $112.1 million in sales in 2023.

The CCB voted to adopt regulations around cannabinoid hemp products. The 2018 Federal Farm Bill legalized hemp products around the country, defining hemp as flower that is tested at below 0.3% THC. Since that federal change, some processors have started making cannabinoid hemp products, like edibles or drinks, with intoxicating effects. In 2022 and 2023, processors began to create more of these cannabinoid hemp products with intoxicating amounts of THC, and retailers began to sell more of these products to consumers, including those under 21 years old, nationally and in New York. These regulations limit the total amount of THC in cannabinoid hemp products sold in New York by setting a cap on how much THC can be in each recommended serving.

The CCB first proposed these rules in July 2023, which were shared for a public comment period that began on August 9, 2023, and ended on October 10, 2023. OCM received 218 distinct comments from 86 individuals and organizations on these proposed rules. In drafting the regulations, the Office completed a regulatory analysis of the eight (8) states with THC limits imposed on cannabinoid hemp products, the available peer-reviewed literature, and task force recommendations from three (3) states that convened task forces, as well as analyzed numerous studies to determine an appropriate level of THC in cannabinoid hemp products. These rules will be effective upon publication in the State Register.

Control Board members vote to set lab fees
At Friday’s meeting, the CCB also voted to establish fees for licensed cannabis laboratories across New York. Pursuant to Part 130 of Title 9 of New York’s Codes, Rules, and Regulations, the fees will be tied to the laboratories’ gross annual receipts. Each laboratory’s annual fee will be either 1% of its gross annual receipts or $1,000, whichever number is greater.

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