NY Cannabis § 90 (2021)
2021 New York Laws CAN - Cannabis Article 5 - Cannabinoid Hemp and Hemp Extract 90 - Definitions.

§ 90. Definitions.  As used in this article, the following terms shall have  the  following  meanings,  unless  the  context  clearly  requires otherwise:   1.  "Cannabinoid"  means  the phytocannabinoids found in hemp and does not  include  synthetic  cannabinoids  as  that  term  is   defined   in subdivision (g) of schedule I of section thirty-three hundred six of the public health law.   2.  "Cannabinoid  hemp"  means  any  hemp and any product processed or derived from hemp, that is used for human consumption provided that when such product is packaged or offered for retail sale to  a  consumer,  it shall  not have a concentration of more than three tenths of one percent delta-9 tetrahydrocannabinol.   3. "Used for human consumption" means intended by the manufacturer  or distributor  to  be:  (a) used for human consumption for its cannabinoid content; or (b) used in, on or by the human  body  for  its  cannabinoid content.   4.  "Hemp"  means  the  plant  Cannabis sativa L. and any part of such plant, including  the  seeds  thereof  and  all  derivatives,  extracts, cannabinoids,  isomers,  acids,  salts,  and  salts  of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration  (THC) of  not  more  than  three-tenths of a percent on a dry weight basis. It shall not include "medical cannabis" as defined in section three of this chapter.   5. "Hemp  extract"  means  all  derivatives,  extracts,  cannabinoids, isomers,  acids,  salts, and salts of isomers derived from hemp, used or intended for human consumption, for  its  cannabinoid  content,  with  a delta-9  tetrahydrocannabinol  concentration  of not more than an amount determined by the board in regulation. For the purpose of this  article, hemp  extract  excludes  (a)  any food, food ingredient or food additive that is generally recognized as safe pursuant to federal law; or (b) any hemp extract that is not  used  for  human  consumption.  Such  excluded substances  shall  not  be  regulated pursuant to the provisions of this article but are subject to other provisions  of  applicable  state  law, rules and regulations.   6. "License" means a license issued pursuant to this article.   7. "Cannabinoid hemp processor license" means a license granted by the board  to process, extract, pack or manufacture cannabinoid hemp or hemp extract into products, whether in intermediate or final form,  used  for human consumption.   8.  "Processing"  means  extracting,  preparing,  treating, modifying, compounding, manufacturing or otherwise manipulating cannabinoid hemp to concentrate or extract its cannabinoids, or creating product, whether in intermediate or final form, used for human consumption. For purposes  of this  article,  processing  does  not include: (a) growing, cultivation, cloning,  harvesting,  drying,  curing,  grinding   or   trimming   when authorized  pursuant  to  article  twenty-nine  of  the  agriculture and markets law; or  (b) mere transportation, such as by common carrier or  another  entity or individual.   9.  "Cannabinoid  hemp  flower" means the flower of the plant Cannabis sativa L. that has been harvested, dried,  and  cured,  with  a  delta-9 tetrahydrocannabinol  concentration of not more than three-tenths of one percent, on a dry weight basis, prior to any processing.   10. "Cannabinoid hemp flower product" means  cannabinoid  hemp  flower that  has  been  minimally processed consistent with the requirements of this article, intended for retail sale to consumers.