New York has published new regulations that will govern processors and sellers of hemp products. The document focuses primarily on consumer protection. The regulation will be governed by the New York State Department of Health (NYSDOH), which will be responsible for ensuring that hemp companies comply with strict standards such as full licensing, testing, packaging, and labeling.
All hemp producers must be certified to demonstrate they have complied with Good Manufacturing Practice (GMP) standards, licensed processors must demonstrate that the hemp was grown or extracted in accordance with the rules of the state of origin.
New York rules will allow licensed processors to sell and transport hemp extract in the process even if it is above 0.3% THC concentration, which it does base on the 2018 Farm Bill.
Pharmacies, supermarkets, and large retailers must obtain a license to be able to sell within the state. Licensed hemp retailers may only sell products that are manufactured, packaged, and labeled according to New York State rules and are required to keep a record of where they buy and the authorized distributor.
Hemp products offered for retail sale must not have more than 0.3% total THC, must reflect test results, and must not contain any added alcohol, tobacco, or nicotine.
The foods and drinks must not exceed 25 milligrams of total cannabinoids by product, however, the dietetic supplements will be able to contain up to 3,000 milligrams of total cannabinoids.
Vape cartridges will also be allowed as long as the system is closed with a pre-filled disposable cartridge.
The labels must have indications of dose and clear instructions of use, in addition to information like nutritional data, the concentration of any cannabinoid product, name of the processor of hemp, a code QR, the state from which the hemp proceeds, and information on secondary effects.
All hemp products for sale must have warnings about the product may contain THC, which could cause it to fail a marijuana drug test, the product has not been evaluated by the FDA to determine its safety among others.
Only inhalable products may be sold to persons over 21 years of age and neither retailers nor processors may advertise that the product can prevent, cure, or treat disease.