On October 27, the New York Department of Health (the “DOH”) released much anticipated proposed rules to regulate the processing, manufacturing, sale and marketing of cannabinoid hemp products in the state (the “Rules”).
In accordance with A08977, which Governor Andrew Cuomo enacted at the beginning of this year, the DOH was tasked with creating a program that will license both cannabinoid hemp processors and retailers and set quality control standards for these products.
While New York is one of many states that have expressly legalized the manufacture and sale of hemp-derived products these past few months, the state is proposing one of the most comprehensive – if not the most comprehensive – regulatory framework released to date. Moreover, many of the regulations found in the DOH’s proposed draft address regulatory issues of huge significance to the industry but that had not been discussed by other state regulators. Some of the most remarkable regulations are covered below.
The Rules contain key terms and definitions that are rarely found in hemp state regulations.
Specifically, the Rules regulate Cannabinoid Hemp Product and define the term Cannabinoid to mean:
any phytocannabinoid found in hemp, including but not limited to, Tetrahydrocannabinol