Capitol Notes

Long-awaited hemp regulations produced by Cuomo administration

New York Hemp and CBD businesses hoping to get licensed in January will have to wait longer than planned due to the state’s timetable for approving regulations for the industries.

On Tuesday, Democratic state lawmakers Donna Lupardo and Jen Metzger, who chair their chambers’ respective agriculture committees, announced that the ‘much anticipated’ hemp extract regulations would be filed with the state register on November 10. Public comment will be accepted until Jan. 11, 2021.

“With these regulations, we have the ability to create a consumer-friendly, national model,” Metzger and Lupardo said in a joint statement.

The lawmakers said they’re pleased that the regulations include extracts in food and beverage.

“However, the ban on the sale of CBD flower is already a cause of concern for us and for existing businesses with established product lines.” they said. “We strongly encourage all parties to actively participate in the 60 day public comment period, so that issues and concerns can be expressed.”

In June, New York Cannabis Growers and Processors Association President Allan Gandelman was calling for the state to release these draft regulations, saying that delays would put New York’s industry at a competitive disadvantage.

This summer an out-of-state, hemp-infused seltzer arrived on store shelves in New York, as businesses based in the state were forced to sit on the sidelines. At the time, Gandelman said the situation underscored the need for the state to issue regulations governing the sale of CBD-infused food and drink products. Until those regulations are released only CBD products regulated under the state’s Industrial Hemp Pilot program can be sold legally in New York.

In late July, a spokesperson for the state Department of Health said the regulations would be released “shortly.”

In late August, Lupardo told The Capitol Pressroom that she expected the regulations to be produced before the end of the summer. On Sept. 29, the state DOH said the regulations were being finalized.


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