Authorizes the growing of industrial hemp as part of an agricultural pilot program

4 Co-sponsors

• Liz Krueger
• Velmanette Montgomery
• John L. Sampson
• Cecilia Tkaczyk

BILL NUMBER:S7047

Title of bill

An act to amend the agriculture and markets law, in relation to authorizing the growing of industrial hemp as part of an agricultural pilot program

Purpose of bill

To authorize the growing of industrial hemp as part of an agricultural pilot program conducted by the department of Agriculture and/or an institution of higher education pursuant to authorization under federal law.

Summary of provisions

Section 1 outlines legislative intent. Section 2 adds a new article 29 to the agriculture and markets law establishing definitions, prohibitions, and regulations for the growing of industrial hemp as part of an agricultural pilot program pursuant to authorization under federal law.

Section 3 establishes an effective date.

Justification

The (federal) Agriculture Act of 2014 (Farm Bill) included a provision to allow the cultivation of industrial hemp for research in states that have legalized its growth. This bill would allow New York State to take advantage of this federal authorization. Industrial hemp production would offer significant new economic opportunities for New York State. Over 30 countries grow and process industrial hemp, including Canada, Germany, England and France. Currently, in the United States, the Controlled Substance Act makes it illegal to raise industrial hemp (Cannabis saliva) commercially without a permit from the Drug Enforcement Agency (DEA).

In an effort to take advantage of opportunities presented by hemp production, ten states have now legalized its production when permitted under federal regulations, with California being the most recent to act in October of 2013. Many of these states are actively pursuing licensure by the DEA. This legislation would ensure that New York was positioned to take advantage of this new market should federal policy permit. Industrial hemp and marijuana are both classified by taxonomists as Cannabis saliva, a species with hundreds of varieties. C. saliva is a member of the mulberry family. However, industrial hemp is bred to maximize fiber, seed and/or oil while marijuana varieties seek to maximize TI-IC (delta 9 tetrahydrocannabinol, the primary psychoactive ingredient in marijuana), industrial hemp has a THC content of between 0.05 and 1%. Marijuana has a THC content of 3% to 20%. Industrial hemp has numerous uses. The major market for industrial hemp is as a food or supplement as it is rich in protein and Omega fatty acids, and has a high fiber content. The clothing industry also produces apparel and accessories from industrial hemp and hemp blended fabrics. Auto manufacturers use durable, green hemp composites and fabrics when feasible. Industrial hemp can also be used for building materials, plant based plastics,

and paper products. Hemp can produce significantly higher yields than competing crops, producing twice as much fiber per acre as cotton.

Prior legislative history

New bill

Fiscal implications

TBD

Effective date

180 days after becoming law.