New York S 5809: Relates to the regulation of cannabinoid hemp products

Bill Text

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S05809 Summary:

BILL NOS05809 

&nbsp

SAME ASSAME AS A04574

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSRROLISON

&nbsp

MLTSPNSR

&nbsp

Amd §§3, 91 & 103, Cannabis L

&nbsp

Provides that a retailer licensed by the office of cannabis management shall be permitted to sell any and all forms of cannabinoid hemp.

Go to top S05809 Actions:

BILL NOS05809 

&nbsp

03/03/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

01/07/2026REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Go to topS05809 Committee&nbspVotes:

Go to topS05809 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05809 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5809

 2025-2026 Regular Sessions

 IN SENATE

 March 3, 2025
 ___________

 Introduced by Sens. SEPULVEDA, ROLISON -- read twice and ordered print-
 ed, and when printed to be committed to the Committee on Investi-
 gations and Government Operations

 AN ACT to amend the cannabis law, in relation to the sale of cannabinoid
 hemp products; and directing the office of cannabis management to
 repeal certain emergency regulations

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The office of cannabis management shall repeal the cannabi-
 2 noid hemp emergency regulations adopted by such office on July 27th,
 3 2025.
 4 § 2. Subdivisions 52 and 53 of section 3 of the cannabis law are
 5 amended to read as follows:
 6 52. "THC" means Delta-9-tetrahydrocannabinol[; Delta-8-tetrahydrocan-
 7 nabinol; Delta-10-tetrahydrocannabinol and the optical isomer of such
 8 substances].
 9 53. "Total THC" means the [sum of the percentage by weight or volume
 10 measurement of tetrahydrocannabinolic acid multiplied by 0.877, plus,
 11 the percentage by weight or volume measurement of THC] dry weight total
 12 percentage of Delta-9-tetrahydrocannabinol in each product.
 13 § 3. Section 91 of the cannabis law is amended by adding a new closing
 14 paragraph to read as follows:
 15 Commencing on January first, two thousand twenty-six, a retailer
 16 licensed by the office pursuant to this article or any applicable rule
 17 shall be permitted to sell any and all forms of cannabinoid hemp;
 18 provided that such forms of cannabinoid hemp meet the requirements set
 19 forth in this article. The cannabis control board shall have the author-
 20 ity to promulgate any rules necessary to ensure the safety of cannabi-
 21 noid hemp, so long as said rules do not infringe upon the ability of
 22 licensed hemp retailers to sell cannabinoid hemp. Any prior or future
 23 rules, policies, or regulations promulgated by the board or any other

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08734-01-5

 S. 5809 2

 1 rulemaking body to prohibit the selling of any form of cannabinoid hemp
 2 shall be null and void.
 3 § 4. Subdivision 13 of section 91 of the cannabis law is amended to
 4 read as follows:
 5 13. Any cannabinoid hemp flower product clearly labeled or advertised
 6 for the purposes of smoking, or in the form of a cigarette, cigar, or
 7 pre-roll, or packaged or combined with other items designed to facili-
 8 tate smoking such as rolling papers or pipes, shall only be offered for
 9 sale [in adult-use cannabis retail dispensaries licensed pursuant to
 10 article four of this chapter] to persons twenty-one years of age and
 11 older.
 12 § 5. Subdivision 2 of section 103 of the cannabis law is amended to
 13 read as follows:
 14 2. [The board may, by rules and regulations, require processors to
 15 establish a code, including, but not limited to QR code, for labels and
 16 establish methods and procedures for determining, among other things,
 17 serving sizes or dosages for cannabinoid hemp, hemp extract and products
 18 derived therefrom, active cannabinoid concentration per serving size,
 19 number of servings per container, and the growing region, state or coun-
 20 try of origin if not from the United States. Such rules and regulations
 21 may require an appropriate fact panel that incorporates data regarding
 22 serving sizes and potency thereof] Notwithstanding any law, rule, or
 23 regulation to the contrary, all hemp-d