N.Y. Public Health Law 3398-A – Rulemaking authority
* § 3398-a. Rulemaking authority. The commissioner 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. Public Health Law 3398-A
- 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 chapter. See N.Y. Public Health Law 3398
- 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 a percent delta-9 tetrahydrocannabinol. See N.Y. Public Health Law 3398
- Hemp: means the plant Cannabis sativa L. See N.Y. Public Health Law 3398
- 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 department in regulation. See N.Y. Public Health Law 3398
- License: means a license issued pursuant to this article. See N.Y. Public Health Law 3398
- 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. Public Health Law 3398
- 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. Public Health Law 3398
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; and
11. Any other regulations necessary to implement this article.
* NB Repealed 6 months after the full cannabis control board created by Article 2 of the cannabis law has been appointed