* § 3398. 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 this […]
* § 3398-c. 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 department. 2. The commissioner shall have the authority to set reasonable fees for such license, to establish the period during which such license […]
* § 3398-d. Cannabinoid license applications. 1. Persons shall apply for a license under this article by submitting an application upon a form supplied by the department, 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 […]
* § 3398-e. Information to be requested in applications for licenses. 1. The commissioner may specify the manner and form in which an application shall be submitted to the department for licensure under this article. 2. The commissioner may adopt regulations establishing what relevant information shall be included on an application for licensure under this […]
* § 3398-f. Fees. The department 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 […]
* § 3398-g. 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 […]
* § 3398-h. License renewal. 1. Each license, issued pursuant to this article, may be renewed upon application therefor by the licensee and the payment of the reasonable fee for such license as specified by this article. 2. In the case of applications for renewals, the department may dispense with the requirements of such statements […]
* § 3398-i. Form of license. Licenses issued pursuant to this article shall specify: 1. The name and address of the licensee; 2. The activities permitted by the license; 3. The land, buildings and facilities that may be used for the licensed activities of the licensee; 4. A unique license number issued by the department […]
* § 3398-j. Transferability; amendment to license; change in ownership or control. 1. Licenses issued under this article are not transferable, absent written consent of the commissioner. 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, […]
* § 3398-k. Granting, suspending or revoking licenses. After due notice and an opportunity to be heard, established by rules and regulations, the commissioner 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 […]
* § 3398-l. Record keeping and tracking. Every licensee shall keep, in such form as the commissioner may direct, such relevant records as may be required pursuant to regulations under this article. * NB Repealed 6 months after the full cannabis control board created by Article 2 of the cannabis law has been appointed
* § 3398-m. 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 department, concerning the potential impact on or benefit to human health resulting from the use of cannabinoid hemp, […]
* § 3398-n. 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 commissioner. […]
* § 3398-o. 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 commissioner shall establish the necessary qualifications or certifications required for such laboratories used by licensees. The commissioner is authorized to issue rules and regulations consistent with […]
* § 3398-p. New York hemp product. The commissioner may establish and adopt official grades and standards for cannabinoid hemp, hemp extract and products derived therefrom, as he or she may deem advisable, which are produced for sale in this state and, from time to time, may amend or modify such grades and standards. * […]
* § 3398-q. 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 […]
* § 3398-r. Hemp workgroup. The commissioner, 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 […]
* § 3398-s. 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 […]
* § 3398-t. Special use permits. The commissioner 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 commissioner may set reasonable fees for such permits, to establish the periods during which such permits are valid, and […]
* § 3398-u. 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 […]
