In October 2020, the New York State Department of Health announced regulations for cannabinoid hemp products.

In accordance with legislation signed earlier in 2020 by the Governor, the Department is creating a Cannabinoid Hemp Program.  The Program will license both cannabinoid hemp processors and retailers and set quality control standards that all cannabinoid hemp products must meet. 

"These regulations are the next step toward regulating the growing hemp industry in New York in a way that protects consumers and helps ensure the industry's long-term viability," said Governor Cuomo.  "Establishing the State's Cannabinoid Hemp Program to regulate production and sale of hemp and hemp extract will help protect both consumers and farmers."

The Cannabinoid Hemp Program will organize and legitimize the cannabinoid market in New York State by creating a licensing framework for cannabinoid hemp processors and retailers, and by establishing basic manufacturing, packaging and labeling and laboratory testing standards. Currently, applications for cannabinoid hemp processing and retailing licenses are under development, and NYSDOH intends to make them available in early 2021. 

In 2015, the Governor launched the Industrial Hemp Agricultural Research Pilot Program, supporting farmers and further boosting economic development in upstate New York.  Since then, New York's hemp program has expanded significantly, making New York one of the leading hemp producing states in the country, with more than 700 farmers and 100 manufacturers of hemp products.

Hemp is a sustainable, carbon-sequestering crop that is capable of being transformed into hundreds of products including textiles, furniture, fuel, food, construction materials and personal care items.

Some hemp products that have been growing in popularity include cannabinoid hemp products such as Cannabidiol, or CBD, which can be found online or in retail stores throughout the state.

While regulations exist at the federal level for the growth of hemp, there are currently no federal regulations for the processing and manufacturing of cannabinoid hemp products, resulting in the cannabinoid hemp marketplace lacking basic consumer protections that are common in similar industries.

There are published reports of cannabinoid hemp products that do not contain any cannabinoids but contain unspecified or inconsistent levels of THC - the psychoactive component of the cannabis plant - or are contaminated with harmful toxins. 

The proposed regulations fill this regulatory void and create a system allowing for the use of hemp-derived cannabinoids in certain foods, beverages, topicals and dietary supplement products, provided regulatory requirements are satisfied.  All cannabinoid hemp products must be manufactured using good manufacturing practices based on the end product's intended use. 

Food and beverage products cannot contain more than 25mg of cannabinoid per product, while dietary supplements may contain up to 3,000mg per product.  Hemp extract and finished CBD products are permitted to have up to 3% THC when handled by appropriate processing license holders.

Additionally, cannabinoid hemp products are required to be laboratory-tested before entering the market, with testing for their cannabinoid profile, heavy metals, microbial impurities, mycotoxins, pesticides and residual solvents.  This information is required to be retrievable by the consumer in the form of a QR code or corresponding link on the product label. Retailers are prohibited from selling inhalable cannabinoid hemp products, such as vape products, to consumers under 21 years of age. Processors are prohibited from making claims suggesting the product will diagnose, cure, mitigate, treat or prevent disease.

New York State Department of Health Commissioner Dr. Howard Zucker said, "When you purchase a product, you should have confidence that what is stated on the label is actually in the product.  With the increased production and use of cannabinoid hemp products, New York State could not wait for the federal government to act to institute basic consumer protections to protect the health and safety of New Yorkers."

Senator Jen Metzger said, "These regulations will provide much-awaited certainty for the hemp industry and offer a tremendous opportunity for our farmers while ensuring that we have the standards consumers need for a safe and high-quality product.  As the Senate sponsor of the bill that created the regulatory framework for hemp, I want to thank the Governor for his continued leadership to advance the hemp industry and move the regulatory process forward, and I urge New York farmers and all stakeholders to review the regulations and provide input during the 60-day comment period."

Assembly Member Donna Lupardo said, "With these regulations, New York is creating a national model for consumer safety, requiring strict labeling and production standards. The inclusion of cannabinoid extracts in food and beverages will provide new economic opportunities for farmers, processors, manufacturers, and retailers throughout the state.  I appreciate the Governor's continued commitment to New York's hemp industry and look forward to working with his administration as these regulations are finalized through the public comment period."