NY publishes rules for selling hemp extracts in food, drinks

Editor’s note: This story has been updated to correct that these regulations do not cover cosmetics.

New York’s state health department has released regulations for making and selling hemp extracts in foods, drinks and vapes.

The regulations released Monday put New York alongside other states setting their own standards for ingestible CBD and other cannabinoids, flouting federal health guidance that the extract can’t go in food. The sale of smokable hemp flower in New York is prohibited.

The health department is accepting public comment on the regulations between Nov. 10 and Jan. 11, 2021.

The plan lays out differing THC limits for different points in the supply chain:

  • “intermediate sales” between licensed hemp processors within New York state can be up to to 3% THC.
  • products sold to consumers can’t contain more than 0.3% THC.

CBD-infused food and beverages can’t contain more than 25 milligrams of cannabinoids, including CBD. Packaging can’t be made to attract minors, and products can’t be mixed with alcohol or tobacco, and they can’t be sold in patches, inhalers or as injectables.

The New York Cannabis Growers & Processors Association said in a statement the rules are “an important step for New York State as it becomes a global leader in the hemp extract market.”

“It also sends a clear message to the industry that the FDA’s lack of oversight and inconsistent enforcement will no longer apply to the 20 million residents of New York,” said Kaelen Castetter, the vice president of the association, referring to the U.S. Food and Drug Administration’s inaction on hemp regulations.

Applications for processors have a $1,000 application fee and $500 for hemp manufacturers.

Once an application is approved, businesses must pay a $4,500 licensing fee and $2,000 for manufacturers. Retail establishments have to pay $300 for a license for each location where products are sold.

New York recently announced that its hemp farmers will continue to operate under existing rules for the 2021 growing season.

New York decided to not submit a state cultivation plan before the one-year extension was granted, with officials saying the 2018 guidelines were “unrealistic” and “unreasonable.” The USDA lists New York as being under federal rules, but New York agriculture regulators plan to continue operating under that state’s pilot program, WBFO reported.

3 comments on “NY publishes rules for selling hemp extracts in food, drinks
  1. Steve on

    Banning smokable hemp is beyond absurd.

    It’s like saying you can sell coffee but you can’t sell any raw coffee beans.

    People have the right to smoke tobacco that kills thousands of people a year, they should have the same right to smoke hemp, which has never killed anyone, ever.

    Reply
  2. Joe Kirkpatrick on

    This is silly, quite frankly, and little more than a ham-handed attempt at a takeover of hemp by a struggling and increasingly desperate marijuana industry with an assist from Big Pharma and law enforcement. This lunacy won’t hold up to a legal challenge. In the meantime, New Yorkers can simply go to the Seneca tribe and buy all they want, TAX FREE.

    Reply
  3. Reba on

    Anyone know if the smokeable hemp flower ban in the new rules applies to out of state sellers shipping to NY? or does it only apply to retailers physically in NY?

    Reply

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