New York issues proposed regs for processing and retail sale of cannabinoid hemp

At long last, the New York Department of Health issued its draft regulations covering “cannabinoid hemp” processing and retail sale. The regs clock in at a whopping 63 pages and you can check them out here: https://regs.health.ny.gov/sites/default/files/proposed-regulations/20-21hemp.pdf

The comment period closes January 11, 2021.

There’s some . . . unique . . . provisions in here, that’s for sure. I hope you processors are ready to pony up for licenses though. Application fees for hemp cannabinoid manufacturers are $500 while the licensing fee is $2,000 per location. Application fees for extractors are $1,000 and the licensing fee will set you back $4,500 per location.

No smokeable flower, but vapes are allowed. Hemp cannabinoid foods and beverages are capped at a maximum of 25 mg of total cannabinoids per product while dietary supplements are capped at 3,000 mg of total cannabinoids.

Most surprising of all, the regulations expressly permit licensed processors to sell and transport non-final work-in-progress hemp extract to other licensed processors in NY, provided when such extract leaves the licensed premises it is accompanied by a COA certifying that the extract is less than 3% THC (yes, you read that correctly!).

There’s much more in the regs and I strongly suggest everyone impacted by them to take a look. Again, they are just proposed regulations and subject to change. Let your voice be heard and please comment! But not just yet, the comment period isn’t open as of now.

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Two questions: Are cbd vapes not allowed or banned in any state yet? Does anyone know of a limit per product for dietary supplements that is lower than 3,000mg?

I just figure 3kmg might be a good brand name for someone if that becomes states go-to limit across the board.

There is a small handful of states that do not permit any form of smokeable hemp, including vape products; Indiana and Texas immediately come to mind. Both those rules were subject to litigation and I believe the Texas lawsuit successfully got rid of the rule. Not sure where it currently stands though.

NY’s proposed regs are unique in that they explicitly permit cannabinoid vape products but prohibit smokeable flower. This is a lot like the state’s medical marijuana rules where smokeable flower is not allowed.

Re: cannabinoid limits for dietary supplements, this is the first time I’ve see any maximum cap.