What's happening
This bill updates the definitions of concentrated cannabis and marihuana to exclude industrial hemp as defined by state law.
Why it matters
Clarifies the legal status of industrial hemp. by explicitly removing it from the definitions of “concentrated cannabis” and “marihuana,” which may reduce confusion for law enforcement, businesses, and consumers regarding what is and isn’t a controlled substance.
Supports the growth of New York’s hemp industry. by ensuring that products derived from industrial hemp, such as CBD oils and hemp fibers, are not inadvertently subject to criminal penalties or regulatory restrictions meant for marijuana.
Aligns state law with federal standards. following the 2018 Farm Bill, which federally legalized industrial hemp, helping New York farmers and entrepreneurs participate in the expanding market for hemp-based products without fear of state-level prosecution.
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Who cares
Headline styles
Clarify Cannabis Definitions
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to health
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
938
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to the definitions of concentrated cannabis and marihuana
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 4 of section 3302 of the public health law, as added by chapter 878 of the laws of 1972 and as renumbered by chapter 537 of the laws of 1998, is amended to read as follows:
(a) the separated resin, whether crude or purified, obtained from a plant of the genus Cannabis, except when derived from industrial hemp pursuant to article twenty-nine of the agriculture and markets law; or
§ 2. Subdivision 21 of section 3302 of the public health law, as added by chapter 878 of the laws of 1972 and as renumbered by chapter 537 of the laws of 1998, is amended to read as follows:
21. "Marihuana" means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include: (a) the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination; or (b) industrial hemp pursuant to article twenty-nine of the agriculture and markets law.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03308-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to the definitions of concentrated cannabis and marihuana
Purpose or general idea of bill
The purpose of this legislation is to clarify the definitions of indus- trial hemp, concentrated cannabis and marihuana.
Summary of provisions
Section 1. Subdivision 1 of section 505 of the agriculture and markets law, as added by chapter 524 of the laws of 2014 is amended.
Section 2: Paragraph (-) of subdivision 4 of section 3302 of the public health law is amended.
Section 3: Subdivision 21 of section. 3302 of the public health law is amended.
Section 4: Effective date.
Justification
This legislation clarifies the definition of Industrial hemp, concen- trated Cannabis and marihuana.
Prior legislative history
2018 - S 8072C
Fiscal implications for state and local governments
This legislation will have no fiscal implications for State and Local Governments.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.