Published: Aug 8, 2021

by: Brendan Murphy

NY Releases Updated Hemp Regulations

New York has recently revised and released newly amended regulations regarding marijuana and hemp in May 2021. These health regulations were amended due to an outcry from the public. The New York State Department of Health changes will allow the public to use medical marijuana and cannabinoid hemp for health purposes. This new amendment will not only help people who need it for pain and other illnesses, it will also help grow businesses who operate in the medical marijuana and hemp industry. The hemp products that retailers are allowed to sell have been expanded. This expansion includes, but is not limited to, flower products and transdermal patches.

This newly amended law only applies to adult usage of both smokable and non-smokable hemp flower products. So, let’s be clear– this means no person under the age of 21 years can purchase these products. The initial law regarding hemp and marijuana products did not clearly define full-spectrum usage and broad-spectrum usage. Essentially, the public ultimately demanded the NYDH to give a more precise definition of these terms and ensure that the meaning is consistent throughout the hemp and marijuana industries.

New York Health Department Outlines What Retailers Can and Cannot Do 

The New York Health Department has the right to put a cap on the amount of THC found in synthetic cannabinoid products. Synthetic cannabinoid products are products that are made via isomerization. Another restriction that the New York State Health Department has imposed on retailers is that it is prohibited to have any hemp packaging with any type of cartoon images that will attract children’s attention. Ingestible hemp products must not imitate any kind of candy label, and the different levels of THC must be displayed on the packaging. This new amendment has also decreased the licensing fees for all hemp processors in New York. If a hemp retailer submitted their application to sell hemp before June 2021, they have the right to sell the product before having their license approved.

The Different Issues That Stakeholders and The Public Wanted Covered

The types of things that stakeholders and the public wanted to be addressed by the New York State Health Department were the types of cannabinol hemp products that could be sold, how to transport the products, the manufacturing process, and much more. Some of the main products that stakeholders and the public wanted to be on the market were cannabinoid inhalers, hemp flower  products, suppositories, and transdermal patches. They also wanted some of the labeling provisions to be changed as well. They wanted the testing requirements for the THC threshold to be modified, or at the very least to remove all of the listed analytes. The stakeholders and the general public also questioned the New York State Health Department’s authority to impose a milligram per THC cap on all hemp products.

Some Notable Provisions in Hemp Regulations

Any hemp retailers that submitted their application for licensing by June 1st, 2021 have been allowed to sell their products to consumers before their license has been approved or denied. They have made the list of retailers who can sell hemp products longer. Retailers also have the right to advertise their flower products as smoke products.

The hemp licensing processing fees have been significantly lowered. They’ve changed their definition to align with the overall marijuana industry regarding broad-spectrum and full-spectrum. They have increased the limit of cannabinoids that can be put into a product to 75 mg per serving. The Health Department had taken steps to address the issues that stakeholders and the general public had when they decided on the marijuana laws in New York.

Marijuana has become a massive industry throughout the United States in addition to other places such as Canada and Europe. This is why the stakeholders and the general public in the state of New York had significant complaints to the New York State Health Department when it came to the regulation of marijuana and hemp sales. The health department did decide to compromise and become more lenient in retail and medical marijuana. The industry has become so profitable that changes could even be made in this state.

Brendan Murphy

Brendan Murphy is a CannaBuff contributor and serves as assistant editor of CannaBuff magazine. Brendan graduated from the University at Buffalo in 2020 with a degree in international studies.