New York Regulators Approve New Rules for Hemp Products, Prohibit the Sale of Delta-8 THC

In a Nov. 3 meeting, the New York Cannabis Control Board (CCB) approved new rules for the state’s hemp program, allowing for the sale of hemp flower but prohibiting the sale of delta-8 THC products in the state.

During the meeting, the CCB addressed several issues regarding the advertising, processing, manufacturing, testing and packaging of hemp and hemp-derived products in New York.

The state Department of Health (DOH) initially issued the for public comment before they were formally filed by the Office of Cannabis Management (OCM), which was given oversight of the state’s hemp program under the enactment of the Marijuana Regulation & Taxation Act (MRTA) earlier this year, Morning AgClips reported.

Changes in Place

The allow for hemp flower products to be sold as long as they are not "marketed or advertised for the purpose of smoking or [are] in the form of a pre-roll, cigar or joint," the news outlet reported.

The new rules also prohibit the sale of delta-8 THC products because they contain "intoxicating qualities." According to the news outlet, the OCM believes these products should be regulated under the state’s future adult-use program. 

Other critical provisions discussed in the meeting for manufacturing, laboratory, packaging and labeling standards include:

All products must be manufactured using Good Manufacturing Practices (GMP) specific to the product form.All products must be tested by accredited laboratories or a full panel of analytes, including cannabinoid profile, heavy metals, microbials, pesticides, mycotoxins and residual solvents before being sold to consumers.All products must include the following information on the package and label:Nutritional or supplement fact panelList of all ingredients in the productTotal cannabinoids per product/serving, stating the amount of CBD and THC, if applicableQR code or link to Certificate of AnalysisRequired warnings for the consumerMechanism to report an adverse eventExpiration or best buy date

Chris Alexander, OCM executive director, said the approved by the CCB are just a start for the state’s hemp program. "We plan to soon propose for public and Board consideration further changes that will bring the program in-line with the regulatory structures in other states, ensuring New Yorkers have the highest level of protection while providing our businesses with the tools they need to compete," he said.

With the issuance of these regulations, businesses interested in processing, manufacturing, or selling CBD hemp products can now apply for a license. Additionally, the OCM can finally begin to issue licenses to businesses that "submitted the required application information and have been operating under provisional licenses or permits, with no additional fee or actions required by the licensees," according to the news outlet.

The regulations are effective immediately, but businesses have a six-month grace period to comply with the new rules.

"The hemp regulations we approved today will provide new and expanded opportunities for New York’s farmers, processors, and retail businesses, including allowing the sale of hemp flower products and food and beverage products containing CBD," said Jen Metzger, a CCB board member. "We are opening the doors for the hemp program to

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