N.Y. Cannabis Law 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:
Terms Used In N.Y. Cannabis Law 91
- 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 § 3306 of the public health law. See N.Y. Cannabis Law 90
- Cannabinoid hemp: means any hemp and any product processed or derived from hemp, that is used for human consumption provided that when such product is packaged or offered for retail sale to a consumer, it shall not have a concentration of more than three tenths of one percent delta-9 tetrahydrocannabinol. See N.Y. Cannabis Law 90
- Cannabinoid hemp flower: means the flower of the plant Cannabis sativa L. See N.Y. Cannabis Law 90
- Cannabinoid hemp flower product: means cannabinoid hemp flower that has been minimally processed consistent with the requirements of this article, intended for retail sale to consumers. See N.Y. Cannabis Law 90
- Hemp: means the plant Cannabis sativa L. See N.Y. Cannabis Law 90
- Hemp extract: means all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers derived from hemp, used or intended for human consumption, for its cannabinoid content, with a delta-9 tetrahydrocannabinol concentration of not more than an amount determined by the board in regulation. See N.Y. Cannabis Law 90
- License: means a license issued pursuant to this article. See N.Y. Cannabis Law 90
- Processing: means extracting, preparing, treating, modifying, compounding, manufacturing or otherwise manipulating cannabinoid hemp to concentrate or extract its cannabinoids, or creating product, whether in intermediate or final form, used for human consumption. See N.Y. Cannabis Law 90
- Used for human consumption: means intended by the manufacturer or distributor to be: (a) used for human consumption for its cannabinoid content; or (b) used in, on or by the human body for its cannabinoid content. See N.Y. Cannabis Law 90
1. Specifying forms, establishing application, reasonable administration and renewal fees, or license duration;
2. Establishing the qualifications and criteria for licensing, as authorized by law;
3. The books and records to be created and maintained by licensees and lawful procedures for their inspection;
4. Any reporting requirements;
5. Methods and standards of processing, labeling, packaging and marketing of cannabinoid hemp, hemp extract and products derived therefrom;
6. Procedures for how cannabinoid hemp, hemp extract or ingredients, additives, or products derived therefrom can be deemed as acceptable for sale in the state;
7. Provisions governing the modes and forms of administration, including inhalation;
8. Procedures for determining whether cannabinoid hemp, hemp extract or ingredients, additives, or products derived therefrom produced outside the state or within the state meet the standards and requirements of this article and can therefore be sold within the state;
9. Procedures for the granting, cancellation, revocation or suspension of licenses, consistent with the state administrative procedures act;
10. Restrictions governing the advertising and marketing of cannabinoid hemp, hemp extract and products derived therefrom;
11. Any other regulations necessary to implement this article;
12. Nothing in this article shall prevent the sale of cannabinoid hemp flower; provided however, that any cannabinoid hemp flower product sold shall be limited to a person over twenty-one years of age and shall be subject to regulations promulgated by the board; provided further that such regulations shall not unduly restrict the availability of cannabinoid hemp flower; and
13. Any cannabinoid hemp flower product clearly labeled or advertised for the purposes of smoking, or in the form of a cigarette, cigar, or pre-roll, or packaged or combined with other items designed to facilitate smoking such as rolling papers or pipes, shall only be offered for sale in adult-use cannabis retail dispensaries licensed pursuant to article four of this chapter.