New York’s state health department has released regulations for making and selling hemp extracts in foods, drinks, and vapes, as reported by the Hemp Industry Daily.
The plan lays out differing THC limits for different points in the supply chain:
- “intermediate sales” between licensed hemp processors within New York state can be up to to 3% THC.
- products sold to consumers can’t contain more than 0.3% THC.
CBD-infused food and beverages can’t contain more than 25 milligrams of cannabinoids, including CBD.
Cannabinoid hemp processor applications must be submitted with a $1,000 application fee or a $500 application fee for applicants seeking only to manufacture and not extract cannabinoid hemp.
Any person selling cannabinoid hemp to consumers must obtain a license from the Department. Among other requirements, cannabinoid hemp retail applications must be accompanied by a summary and description of the type of cannabinoid hemp products the retailer intends to sell, the name and state or country of origin of any manufacturers the retailer intends to source from, an attestation that the applicant will not sell inhalable cannabinoid hemp products to consumers under 21 years old, and proof of a certificate of authority from the Department of Taxation and Finance. All applications must be submitted with a $300 license fee for each retail location to be licensed by the Department.
While everyone is talking about the above, they overlooked the ban on smokeable hemp.
Section 1005.8 outlines the cannabinoid hemp product requirements to be sold at retail. Product requirements include but are not limited to: not containing more than 0.3% total Δ9Tetrahydrocannabinol concentration; not containing tobacco or alcohol; not being in the form of an injectable, transdermal patch, inhaler, suppository, flower product including cigarette, cigar or pre-roll, or any other disallowed form as determined by the department; if sold as a food or beverage product, not have more than 25mg of cannabinoids per product; and, if sold as an inhalable cannabinoid hemp product, a number of additional safety measures.
Additionally, smoking cannabinoid hemp products is prohibited in any location where smoking is currently prohibited under the Public Health Law.
The health department is accepting public comment on the regulations between Nov. 10 and Jan. 11, 2021.
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