By LeeWEpstein

November 2, 2020


It took a year to put on the table the rules for marketing hemp and CBD products. By December 2019, Andrew Cuomo had signed a bill to establish regulations for the production and sale of hemp and hemp extracts in the state.

The State Department of Health New York has now proposed future quality control standards and a licensing program for CBD products derived from hemp. The text is open for public comment until early January.

These regulations are the next step in regulating New York’s growing hemp industry to protect consumers and help ensure the long-term viability of the industry, said New York State Governor Andrew Cuomo in announcing the proposal.

In addition to prohibiting additional non-psychotropic cannabinoids to alcoholic beverages or products containing nicotine, the new rules state that :

  • No CBD product may be sold if it otherwise contains more than 0.3% THC. THC levels must be displayed in milligrams per container and serving.
  • No food or drink may contain more than 25 milligrams of cannabinoids extracted from hemp per serving.
  • In supplements such as ointments or tinctures, the product may contain up to 3000 milligrams of CBD.
  • CBD infused Food and beverages and other hemp extracts must be packaged by the manufacturer. Extracts cannot be added at the retail level (a bakery, for example, cannot add them to a batch of brownies).
  • Products infused with CBD cannot be advertised or labeled as curing specific diseases or ailments.
  • Products must have a QR code redirecting to the certificates of analysis and display the necessary warnings (forbidden to under 18 years old, pregnant women…).
  • Anyone who extracts or manufactures CBD products in New York State must obtain a license from the Department of Health, which must be renewed every two years. Applicants must submit proof of a GMP audit and pay a license fee of $4,500 (for extraction) or $2,000 (for manufacturing). All solvents and extraction methods must be approved.
  • Anyone selling CBD made from Hemp to consumers must obtain an annual license from the Ministry of Health ($300 for each retail outlet).
  • CBD flowers are not included in the sale, it will be restricted to the sale until cannabis legalization passes in the state, posing a regulatory problem for hemp farmers who had already entered this segment and may not have planned or will not be able to afford to apply for a cannabis production license.
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