US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 New York Laws » Consolidated Laws » CAN - Cannabis » Article 5 - Cannabinoid Hemp and Hemp Extract

100 – Transferability; Amendment to License; Change in Ownership or Control.

§ 100. Transferability; amendment to license; change in ownership or control. 1. Licenses issued under this article are not transferable, absent written consent of the board. 2. Upon application of a licensee, a license may be amended to add or delete permitted activities. 3. A license shall become void by a change in ownership, substantial […]

101 – Granting, Suspending or Revoking Licenses.

§ 101. Granting, suspending or revoking licenses. After due notice and an opportunity to be heard, established by rules and regulations, the board may decline to grant a new license, impose conditions or limits with respect to the grant of a license, modify an existing license or decline to renew a license, and may suspend […]

102 – Record Keeping and Tracking.

§ 102. Record keeping and tracking. Every licensee shall keep, in such form as the board may direct, such relevant records as may be required pursuant to regulations under this article.

103 – Packaging and Labeling of Cannabinoid Hemp and Hemp Extract.

§ 103. Packaging and labeling of cannabinoid hemp and hemp extract. 1. Cannabinoid hemp processors shall be required to provide appropriate label warning to consumers, and restricted from making unapproved label claims, as determined by the board, concerning the potential impact on or benefit to human health resulting from the use of cannabinoid hemp, hemp […]

104 – Processing of Cannabinoid Hemp and Hemp Extract.

§ 104. Processing of cannabinoid hemp and hemp extract. 1. No processor shall sell or agree to sell or deliver in the state any cannabinoid hemp, hemp extract or product derived therefrom, used for human consumption, except in sealed containers containing quantities in accordance with size standards pursuant to rules adopted by the board. Such […]

105 – Laboratory Testing.

§ 105. Laboratory testing. Every cannabinoid hemp processor shall contract with an independent commercial laboratory to test the hemp extract and products produced by the licensed processor. The board shall establish the necessary qualifications or certifications required for such laboratories used by licensees. The board is authorized to issue rules and regulations consistent with this […]

106 – New York Hemp Product.

§ 106. New York hemp product. The board may establish and adopt official grades and standards for cannabinoid hemp, hemp extract and products derived therefrom, as the board may deem advisable, which are produced for sale in this state and, from time to time, may amend or modify such grades and standards.

107 – Penalties.

§ 107. Penalties. Notwithstanding the provision of any law to the contrary, the failure to comply with a requirement of this article, or a regulation thereunder, may be punishable by a civil penalty of not more than one thousand dollars for a first violation; not more than five thousand dollars for a second violation within […]

108 – Hemp Workgroup.

§ 108. Hemp workgroup. The board, in consultation with the commissioner of the department of agriculture and markets, may appoint a New York state hemp and hemp extract workgroup, composed of growers, researchers, producers, processors, manufacturers and trade associations, to make recommendations for the industrial hemp and cannabinoid hemp programs, state and federal policies and […]

109 – Prohibitions.

§ 109. Prohibitions. 1. Except as authorized by the United States food and drug administration, the processing of cannabinoid hemp or hemp extract used for human consumption is prohibited within the state unless the processor is licensed under this article. 2. Cannabinoid hemp and hemp extracts used for human consumption and grown or processed outside […]

110 – Special Use Permits.

§ 110. Special use permits. The board shall have the authority to issue temporary permits for carrying on any activity related to cannabinoid hemp, hemp extract and products derived therefrom, licensed under this article. The board may set reasonable fees for such permits, to establish the periods during which such permits are valid, and to […]

111 – Severability.

§ 111. Severability. If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared […]

90 – Definitions.

§ 90. Definitions. As used in this article, the following terms shall have the following meanings, unless the context clearly requires otherwise: 1. “Cannabinoid” means the phytocannabinoids found in hemp and does not include synthetic cannabinoids as that term is defined in subdivision (g) of schedule I of section thirty-three hundred six of the public […]

91 – Rulemaking Authority.

§ 91. Rulemaking authority. The board may make regulations pursuant to this article for the processing, distribution, marketing, transportation and sale of cannabinoid hemp and hemp extracts used for human consumption, which may include, but not be limited to: 1. Specifying forms, establishing application, reasonable administration and renewal fees, or license duration; 2. Establishing the […]

92 – Cannabinoid Hemp Processor License.

§ 92. Cannabinoid hemp processor license. 1. Persons processing cannabinoid hemp or hemp extract used for human consumption, whether in intermediate or final form, shall be required to obtain a cannabinoid hemp processor license from the board. 2. A cannabinoid hemp processor license authorizes one or more specific activities related to the processing of cannabinoid […]

93 – Cannabinoid Hemp Retailer License.

§ 93. Cannabinoid hemp retailer license. 1. Retailers selling cannabinoid hemp, in final form to consumers within the state, shall be required to obtain a cannabinoid hemp retailer license from the board. 2. The board shall have the authority to set reasonable fees for such license, to establish the period during which such license is […]

94 – Cannabinoid License Applications.

§ 94. Cannabinoid license applications. 1. Persons shall apply for a license under this article by submitting an application upon a form supplied by the board, providing all the relevant requested information, verified by the applicant or an authorized representative of the applicant. 2. A separate license shall be required for each facility at which […]

95 – Information to Be Requested in Applications for Licenses.

§ 95. Information to be requested in applications for licenses. 1. The board may specify the manner and form in which an application shall be submitted to the board for licensure under this article. 2. The board may adopt regulations establishing what relevant information shall be included on an application for licensure under this article. […]

96 – Fees.

§ 96. Fees. The board may charge licensees a reasonable license fee. Such fee may be based on the activities permitted by the license, the amount of cannabinoid hemp or hemp extract to be processed or extracted by the licensee, the gross annual receipts of the licensee for the previous license period, or any other […]

97 – Selection Criteria.

§ 97. Selection criteria. 1. The applicant, if an individual or individuals, shall furnish evidence of the individual’s good moral character, and if an entity, the applicant shall furnish evidence of the good moral character of the individuals who have or will have substantial responsibility for the licensed or authorized activity and those in control […]