reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 113 - Medical Cannabis › Section 113.10 - Failure to Operate

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  registration shall be surrendered to the Board upon written notice and demand
				  if the registered organization fails to begin operations, to the satisfaction
				  of the Board, of a manufacturing or dispensing site within the six (6) months
				  of the date of issuance of the registration.
(b) A registered organization who is required
				  to surrender its registration in accordance with this section shall not be
				  entitled to any refund of fees paid to the Office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 113 - Medical Cannabis › Section 113.12 - Manufacturing Requirements for Medical Cannabis Products

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requirements for extraction. Unless
				  otherwise approved in writing by the Office, a registered organization may only
				  use the methods, equipment, solvents, gases and mediums set forth in this
				  section when creating cannabis extracts and only in a manner exhibiting minimal
				  potential for human health related toxicity.
(1) All extraction processes and activities
				  must:
(i) be conducted by employees adequately
				  trained in the operation of the extraction equipment to be utilized, as well as
				  the emergency plan for incidents;
(ii) demonstrate control of all sources of
				  ignition, and occur in a spark-free environment where appropriate for the type
				  of extraction method used;
(iii)
				  ensure proper ventilation;
(iv)
				  have ongoing equipment monitoring and maintain a record of regular maintenance
				  of equipment based on equipment specifications;
(v) follow all applicable fire, safety and
				  building codes, regulations, laws and guidance in the use and storage of
				  solvents, including but not limited to, maximum quantities to be held
				  onsite;
(vi) evidence the purity of
				  any chemical solvents used and make any certificate of analysis or other
				  documentation evidencing such purity and shall make such evidence readily
				  available to employees and to the Office upon request.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 113 - Medical Cannabis › Section 113.13 - Requirements for Dispensing Sites

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Medical cannabis products at a dispensing
				  site shall only be dispensed by authorized employees, twenty-one (21) years of
				  age or older, of the registered organization, under the in-person supervision
				  of an individual with an active New York State pharmacist license as defined in
				  Article 137 of the Education Law, who has completed at minimum a two (2) hour
				  course pursuant to this Part.
(b)
				  Dispensing sites shall only sell approved medical cannabis products, related
				  products necessary for the administration of medical cannabis, and items that
				  promote health and well-being subject to disapproval of the Office.
(c) Dispensing sites may display, in secure,
				  locked cases, samples of each medical cannabis product offered for sale.
				  Authorized employees may remove samples from the display case and provide it to
				  the medical cannabis certified patient or designated caregiver for inspection,
				  provided the patient or caregiver may not consume or otherwise use or remove
				  the sample from the dispensing site.
(d) No medical cannabis products shall be
				  vaporized or consumed on the premises of a dispensing site.
(e) Dispensing sites shall not dispense
				  medical cannabis products to anyone other than a certified patient, designated
				  caregiver, research license holder, or unless such registered organization,
				  pursuant to Article 4 of the Cannabis Law, is authorized by the Office to sell
				  cannabis for adult use for retail sale.
(f) When dispensing medical cannabis, the
				  dispensing site shall:
(1) not dispense any
				  medical cannabis to a certified patient, unless the certified patient presents
				  the dispensing site with:
(i) a valid
				  certification from a practitioner, as defined in Article 1 of the Cannabis Law,
				  and issued in accordance with, Article 3 of the Cannabis Law, which shall also
				  serve as the certified patient's registry card; and
(ii) a valid government-issued photo
				  identification, which the dispensing site shall use to validate that such
				  patient is eighteen (18) years of age or older and capable of consent as
				  documented on the certification, provided that, such government-issue photo
				  identification, is issued by:
(a) the New York
				  State commissioner of motor vehicles;
(b) the federal government of the United
				  States;
(c) any United States
				  territory;
(d) the District of
				  Columbia;
(e) a state,
				  commonwealth, or local government within the United States;
(f) a post-secondary educational institution
				  regulated by the New York State Department of Education or another state;
				  or
(g) or a provincial government
				  of the dominion of Canada;
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 113 - Medical Cannabis › Section 113.16 - Pricing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Registered
				  organizations shall submit documentation to the Office at least fifteen (15)
				  days prior to sale of each new medical cannabis product, a price per dose for
				  each form of medical cannabis to be sold.
(b) The registered organization shall submit
				  to the Office any change in pricing per dose for medical cannabis products
				  within fifteen (15) days of such change. Prior approval by the Office is not
				  required to change a price.
(c) The
				  Office may modify the price per dose for any medical cannabis product if
				  necessary to maintain access for certified patients.
(d) Examination of Records for Determination
				  of Price. The registered organization shall grant the Office or the Office's
				  authorized representative the right to examine records that formed the basis
				  for their medical cannabis pricing, including the registered organization's
				  books, records, documents and other types of factual information that will
				  permit an adequate evaluation of the price charged by the registered
				  organization.
(e) Correction of
				  Insufficient Price Data. If the Office determines that the cost or pricing data
				  provided pursuant to subdivision (d) of this section is inaccurate or
				  incomplete, the registered organization shall submit new data or provide
				  clarification as requested by the Office until such data is to the satisfaction
				  of the Office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 113 - Medical Cannabis › Section 113.18 - Reporting Dispensed Medical Cannabis Products

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A record of all medical cannabis products
				  that have been dispensed shall be filed electronically to the prescription
				  monitoring program registry established pursuant to section 3343-a of Article
				  33 of the Public Health Law, utilizing a transmission format acceptable to the
				  Office, not later than twenty-four (24) hours after the cannabis was dispensed
				  to the certified patient or designated caregiver.
(b) The information filed to the prescription
				  monitoring program registry for each medical cannabis product dispensed shall
				  include but not be limited to:
(1) a serial
				  number that will be generated by the dispensing site for each medical cannabis
				  product dispensed to the certified patient or designated caregiver;
(2) an identification number which shall be
				  populated by a number provided by the Office, to identify the registered
				  organization's dispensing site;
(3)
				  the patient's name, date of birth and gender;
(4) the patient's address, including street,
				  city, state, zip code;
(5) the
				  patient's certification identification number;
(6) if applicable, designated caregiver's
				  name and registry identification number;
(7) the date the medical cannabis product was
				  dispensed by the dispensing site;
(8) the metric quantity for the medical
				  cannabis product;
(9) the medical
				  cannabis product identifier code number, which shall be populated by a number
				  provided by the Office, to represent the medical cannabis product that was
				  dispensed to the certified patient or designated caregiver, as
				  applicable;
(10) the number of days
				  supply dispensed;
(11) the
				  certifying practitioner's Drug Enforcement Administration number;
(12) the date the written certification was
				  issued by the certifying practitioner; and
(13) the payment method.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 113 - Medical Cannabis › Section 113.19 - Prohibition on the use of Medical Cannabis Products in Certain Places

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In no event
				  shall medical cannabis products be consumed through smoking or vaporization in
				  any location in which smoking is prohibited under Article 13-E of the Public
				  Health Law, except where the consumption through smoking or vaporization is
				  authorized by the research license issued pursuant to Article 3 of the Cannabis
				  Law.
(b) Consumption of medical
				  cannabis products shall not be permitted in any motor vehicle, either public or
				  private, as defined in section 125  of the Vehicle and Traffic Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 113 - Medical Cannabis › Section 113.21 - Proper Disposal of Medical Cannabis Products by Certified Patients or Designated Caregivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  certified patient or designated caregiver shall dispose of all medical cannabis
				  product in the certified patient's or designated caregiver's possession no
				  later than ten (10) calendar days after the expiration of the patient's
				  certification, if such certification is not renewed, or sooner should the
				  patient no longer wish to possess medical cannabis.
(b) A certified patient or designated
				  caregiver shall complete disposal of medical cannabis products by one of the
				  following methods:
(1) rendering the medical
				  cannabis product unusable in accordance with the Department of Environmental
				  Conservation's guidance;
(2) in the
				  case of whole flower or ground flower, on-site composting is an acceptable
				  alternative to rendering the product unusable; or
(3) returning the medical cannabis product to
				  the dispensing site from which it was purchased, or any dispensing site
				  associated with the registered organization which manufactured the medical
				  cannabis product, to the extent that the registered organization accepts
				  product returns.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 113 - Medical Cannabis › Section 113.22 - General Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  person, except for a certified patient, designated caregiver, designated
				  caregiver facilities, an approved laboratorian, or an approved research license
				  holder shall open or break the seal placed on a medical cannabis product
				  packaged by a registered organization and provided to the certified
				  patient.
(b) No person associated
				  with a registered organization shall enter into any agreement with a registered
				  practitioner or health care facility concerning the provision of services or
				  equipment that may adversely affect any person's freedom to choose the
				  dispensing site at which the certified patient or designated caregiver will
				  purchase medical cannabis products.
(c) No registered organization shall employ,
				  or permit to be employed, or shall allow to work, on any premises registered,
				  any person under the age of eighteen (18) years in any capacity where the
				  duties of such person require or permit such person to sell, dispense or handle
				  cannabis. Any employee eighteen (18) years of age or older and under twenty-one
				  (21) years of age may not have direct interaction with patients inside a
				  dispensing site.
(d) No employee of
				  a registered organization shall counsel a certified patient or designated
				  caregiver on the use, administration of, and the risks associated with medical
				  cannabis products, unless the employee is a practitioner as defined in Article
				  1 of the Cannabis Law, with an active New York State license, registration or
				  certification who has completed at minimum a two (2) hour course pursuant to
				  section 113.2 of this Part, or the employee
				  is, twenty-one (21) years of age or older and under the direct supervision of,
				  and in consultation with, such practitioner, or the pharmacist working at the
				  dispensing site.
(e) No certified
				  patient or designated caregiver shall be in possession of medical cannabis
				  products without having in their possession:
(1) Patient's valid certification;
				  and
(2) Other forms of
				  identification or documentation as provided by this Part or as determined by
				  the Office to verify that the certified patient or designated caregiver is
				  authorized to possess medical cannabis products.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 113 - Medical Cannabis › Section 113.23 - Practitioner Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  practitioner shall not:
(1) directly or
				  indirectly accept, solicit, or receive any item of value from a registered
				  organization. However, free or discounted products or services may be provided
				  for use in research, provided such research is conducted by a cannabis research
				  licensee pursuant to section 38 Article 3 of the Cannabis Law;
(2) offer a discount or any other item of
				  value to a certified patient based on the patient's agreement or decision to
				  use a particular practitioner, registered organization, brand or specific form
				  of medical cannabis product produced by a registered organization. However,
				  free or discounted products or services may be provided for use in research,
				  provided such research is conducted by a cannabis research licensee pursuant to
				  section 38 Article 3 of the Cannabis Law;
(3) examine a patient for purposes of issuing
				  a certification at any location owned or operated by a registered organization,
				  except where such examination is being conducted in accordance with a cannabis
				  research license pursuant to section 38 Article 3 of the Cannabis Law;
				  or
(4) directly or indirectly
				  benefit from a patient obtaining a written certification. Such prohibition
				  shall not prohibit a practitioner from conducting research pursuant to section
				  38 of Article 3 of the Cannabis Law, or charging an appropriate fee for the
				  patient visit.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 113 - Medical Cannabis › Section 113.24 - Designated Caregiver Prohibitions and Protections

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An individual shall not serve as a
				  designated caregiver for more than four (4) certified patients at any given
				  time, not including designated caregiver facilities and employees of such
				  facilities, and research license holders acting as designated
				  caregivers.
(b) A designated
				  caregiver may only obtain payment from the certified patient to be used for the
				  cost of home cultivation activities in accordance with section
				  115.2 of Part 115 of this Title and
				  medical cannabis product purchased for the certified patient in the actual
				  amount charged by the registered organization; provided, however, that a
				  designated caregiver may charge the certified patient for reasonable costs
				  incurred in the transportation, delivery, storage and administration of medical
				  cannabis products.
(c) Designated
				  caregivers, including employees of designated caregiver facilities acting
				  within their scope of employment, and research license holders shall not be
				  subject to arrest, prosecution, or penalty in any manner, or denied any right
				  or privilege, including but not limited to civil penalty or disciplinary action
				  by a business or occupational or professional licensing board or bureau, solely
				  for an action or conduct in accordance with this Part.
(d) A designated caregiver shall not purchase
				  medical cannabis product for the certified patient, unless such caregiver
				  presents the following documentation to a registered organization:
(1) the patient's certification from a
				  practitioner, as defined in Article 1 of the Cannabis Law, and issued in
				  accordance with Article 3 of the Cannabis Law, which shall also serve as the
				  patient/designated caregiver registry identification card; and
(2) a valid government-issued photo
				  identification, in accordance with subdivision (f) of section
				  113.13 of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 113 - Medical Cannabis › Section 113.25 - Registered Organizations; Disposal of Medical Cannabis

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The disposal of medical cannabis shall
				  mean that the medical cannabis has been rendered unusable, except for stalks,
				  stems, fan leaves, root balls, and soil media.
(b) Registered organizations shall dispose of
				  any medical cannabis that is outdated, damaged, deteriorated, contaminated or
				  otherwise deemed not appropriate for manufacturing or dispensing, or any
				  plant-based waste created as a by-product of the manufacturing processes.
				  Registered organizations shall dispose of liquid and chemical waste in
				  accordance with applicable federal, state and local laws and
				  regulations.
(c) For registered
				  organizations generating more than a half ton of organic waste per week and
				  within 25 miles of an organic recycling facility, the waste shall not be
				  landfilled or combusted but must either be:
(1) composted on-site or at an organic
				  recycling facility;
(2) used to
				  produce energy through the process of anaerobic digestion; or
(3) used as input by the licensee or a third
				  party in the manufacture of other products, such as paper, packaging, or pet
				  bedding.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 113 - Medical Cannabis › Section 113.26 - Energy and Environmental Standards and Regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Annual benchmarking of energy and water
				  usage is required, using either EPA Energy Portfolio Manager or the Resource
				  Innovation Institute's Cannabis PowerScore, with the first report to be
				  completed and submitted to the Office no later than one year after registration
				  and with subsequent reports to be submitted annually to the Office
				  thereafter.
(b) Lighting Standards
				  for indoor cultivation areas.
(1) All
				  horticultural lighting used in a manufacturing facility shall be listed on the
				  current design lights consortium solid-state horticultural lighting qualified
				  products list ("Horticultural QPL") or other similar list as determined by the
				  Office and lighting Photosynthetic Photon Efficacy (PPE) must be at least 2.2
				  mol/J (micromoles per joule).
(2)
				  Registered organizations with existing manufacturing facilities will have one
				  year from the date of adoption of the regulations to comply with this
				  subdivision, unless otherwise approved by the Office with good cause
				  shown.
(3) A facility seeking to
				  use horticultural lighting not included on the Horticultural QPL or other
				  similar list, as determined by the Office, shall seek a waiver pursuant to a
				  third-party certification of the energy efficiency features of the proposed
				  lighting.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 113 - Medical Cannabis › Section 113.27 - Registered Organizations; Inspections and Audits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Licensed, registered or permitted
				  premises, regardless of the type of premises, and all records including but not
				  limited to financial statements and corporate documents, shall be subject to
				  inspection by the Office, by the duly authorized representatives of the Office,
				  by any peace officer acting pursuant to his or her special duties, or by a law
				  enforcement officer.
(b) A
				  registered organization must make themselves, or an agent thereof, available
				  and present for any inspection required by the Office. Such inspection may
				  include, but is not limited to, ensuring compliance by the registered
				  organization with all requirements of the regulations pursuant thereto, and
				  other applicable state and local building codes, fire, health, safety, and
				  other applicable regulations.
(c)
				  Any deficiencies identified by the inspection shall be documented in a
				  statement of findings by the Office and require that the registered
				  organization submit a written plan of correction in a format acceptable to the
				  Office within fifteen (15) calendar days of the issue date of the statement of
				  findings. A plan of correction shall address all deficiencies or areas of
				  noncompliance cited in the statement of findings and shall:
(1) contain an assessment and analysis of the
				  events and/or circumstances that led to the noncompliance;
(2) contain a procedure addressing how the
				  licensee intends to correct each area of noncompliance;
(3) contain an explanation of how proposed
				  corrective actions will be implemented and maintained to ensure noncompliance
				  does not recur;
(4) contain the
				  proposed date by which each area of noncompliance shall be corrected;
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 114 - Cannabinoid Hemp › Section 114.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part, the following terms shall have
					 the following meanings:
(a)
Attractive to individuals under twenty-one
means attractive to
				  individuals under twenty-one as defined in Part 128 of this Title.
(b)
Broad spectrum
means
				  hemp extract or cannabinoid hemp product containing multiple cannabinoids, but
				  where [DELTA]9-Tetrahydrocannabinol (THC) has been removed to non-detectable
				  levels using a fit-for-purpose method, with a limit of quantification of less
				  than 0.01% THC.
(c)
Cannabidiol or CBD
means the naturally occurring hemp-derived
				  phytocannabinoid cannabidiol, but does not include synthetic
				  cannabidiol.
(d)
Cannabinoids
means any hemp-derived phytocannabinoid,
				  including but not limited to, Tetrahydrocannabinol (THC), [DELTA]
				  tetrahydrocannabinolic acid (THCA), cannabidiol (CBD), cannabidiolic acid
				  (CBDA), cannabinol (CBN), cannabigerol (CBG), cannabichromene (CBC),
				  cannabicyclol (CBL), cannabivarin (CBV), tetrahydrocannabivarin (THCV),
				  cannabidivarin (CBDV), cannabichromevarin (CBCV), cannabigerovarin (CBGV),
				  cannabigerol monomethyl ether (CBGM), cannabielsoin (CBE), cannabicitran (CBT).
				  Cannabinoids do not include synthetic cannabinoids, as that term is defined in
				  subdivision (g) of section 3306  of the Public Health Law and section
				  9-1.1 of Title 10 of the Official
				  Compilation of Codes, Rules and Regulations of the State of New York.
(e)
Cannabinoid hemp product
means hemp or any product manufactured or derived from hemp, including hemp
				  derived terpenes, in its final form, used for human consumption. Cannabinoid
				  hemp product shall not include cosmetics.
(f)
Cannabinoid hemp
				  retailer
means a person licensed by the office to sell cannabinoid
				  hemp products, including via the internet, to consumers in New York
				  State.
(g)
Cannabinoid hemp
				  farm processor
means a cannabinoid hemp processor that is licensed to
				  cultivate hemp by the New York State Department of Agriculture & Markets
				  and is permitted to manufacture flower products. A cannabinoid hemp farm
				  processor shall not:
(1) produce more than
				  1,000 pounds of dried hemp flower annually;
(2) purchase or sell hemp or hemp extract
				  other than those produced from hemp grown on their own farm; or
(3) perform extraction as defined in section
				  114.1 of this
				  Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 114 - Cannabinoid Hemp › Section 114.4 - License issuance and denial

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  application for licensure under this Part shall only be approved by the office
				  if:
(1) a complete application has been
				  submitted to the office, along with all necessary fees;
(2) the application demonstrates, to the
				  satisfaction of the office, that the applicant will operate in accordance with
				  Article 5 of the Cannabis Law and this Part;
(3) the applicant is ready, willing and able
				  to properly carry on the activities set forth in the application; and
(4) the applicant is of good moral
				  character.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 114 - Cannabinoid Hemp › Section 114.5 - License Renewal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  application to renew any license issued under this Part shall be filed with the
				  office not more than 90 days nor less than 30 days prior to the expiration
				  thereof. If a renewal application is not filed at least 30 days prior to the
				  expiration thereof, the office may determine that the license shall expire and
				  become void on such expiration date.
(b) Renewal applications shall be accompanied
				  by a non-refundable application fee and a refundable license fee, as follows:
(1) Cannabinoid Hemp Processor - Extraction
				  and Manufacturing: $1,000 application fee, $3,500 license fee;
(2) Cannabinoid Hemp Processor -
				  Manufacturing Only: $500 application fee, $1,000 license fee; or
(3) Cannabinoid Hemp Farm Processor: $100
				  application fee, $300 license fee;
(4) Cannabinoid Hemp Retailer: $300 license
				  fee per retail location.
(5) the
				  license fee shall be returned if the licensee's renewal application is not
				  granted.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 114 - Cannabinoid Hemp › Section 114.6 - Transferability, License Amendment and Change in Ownership or Control

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Licenses issued
				  under this Part shall be effective only for the licensee and shall specify the
				  following information:
(1) name of the
				  licensee;
(2) address of the real
				  property, or if applicable the online retailer website, where the licensed
				  activities may take place;
(3) date
				  of issuance;
(4) date of
				  expiration;
(5) license number;
				  and
(6) list of activities the
				  licensee is permitted to perform under the license.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 114 - Cannabinoid Hemp › Section 114.8 - Cannabinoid hemp product requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All cannabinoid hemp products distributed
				  or offered for retail sale in New York State shall:
(1) be manufactured in accordance with Parts
				  101, 111 or 117 of Title 21 of the Code of Federal Regulations, as appropriate
				  for the type of product being manufactured and as otherwise determined
				  appropriate by the office in guidance or future regulation.
(2) contain no more than three-tenths of a
				  percent (0.3%) total [DELTA] 9-Tetrahydrocannabinol concentration;
(3) except for flower products or topical
				  products, contain a ratio of CBD to THC that is 15:1 or higher, provided
				  however, if CBD is not the primary marketed cannabinoid, the sum of
				  cannabinoids excluding THC must have a ratio of 15:1 THC or higher;
(4) not contain liquor, wine, beer, cider or
				  meet the definition of an alcoholic beverage as defined in section 3 of the
				  Alcohol Beverage Control Law;
(5)
				  not contain tobacco or nicotine in the product;
(6) not be in the form of an injectable,
				  inhaler, product including cigarette, cigar or pre-roll, or any other
				  disallowed form as determined by the office;
(7) accurately reflect testing results and
				  not contain less than 80 percent or more than 120 percent of the concentration
				  of total cannabinoid content as listed on the product label;
(8) comply with packaging and labeling
				  standards in section
				  114.9 of this Part;
(9) be prepackaged and not added to food or
				  any other consumable products at the point of sale;
(10) comply with product testing standards in
				  section 114.10 of this Part; and
(11) not contain synthetic cannabinoids,
				  artificially derived cannabinoids, or cannabinoids created through
				  isomerization, including, but not limited to, [DELTA] 8-tetrahydrocannabinol
				  and [DELTA] 10-tetrahydrocannabinol.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 114 - Cannabinoid Hemp › Section 114.9 - Packaging and labeling of cannabinoid hemp products

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All cannabinoid hemp products distributed
				  or offered for retail sale in New York State shall include the following
				  information on the product label or packaging:
(1) if the cannabinoid hemp product is an
				  orally consumed product, comply with the requirements in Title 21 Code of
				  Federal Regulations Part 101 and include a nutritional or supplement fact panel
				  that is based on the number of servings within the container;
(2) a list of all ingredients in descending
				  order of predominance by weight in the product;
(3) except for flower products, topical
				  products, and concentrated cannabinoid hemp products intended for inhalation or
				  vaporization, the number of servings perpackage or container, including the
				  milligrams per serving of:
(i) CBD;
(ii) "Total THC" or "THC" which for the
				  purposes of product labeling may be rounded and shall include detectable levels
				  of total [DELTA] 9-Tetrahydrocannabinol, [DELTA] 8-Tetrahydrocannabinol and
				  [DELTA] 10-Tetrahydrocannabinol; and
(iii) any other marketed
				  cannabinoid;
(4) an
				  expiration or best by date if applicable;
(5) a lot or batch number;
(6) the name of the cannabinoid hemp
				  processor or out of state manufacturer, packer or distributor;
(7) a scannable bar code or QR code linked to
				  a downloadable certificate of analysis, or linked to a website where the
				  certificate of analysis can be downloaded;
(8) the state(s) or if outside of the United
				  States of America, country of origin from which hemp used in the product was
				  sourced;
(9) a means for reporting
				  serious adverse events or side effects; and
(10) any other marking, statement or symbol
				  as required by the office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 114 - Cannabinoid Hemp › Section 114.10 - Laboratory testing requirements for cannabinoid hemp

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For purposes of this Section, the
				  following terms shall have the following meanings:
(1) "Accreditation body" means an impartial
				  non-profit organization that operates in conformance with the International
				  Organization for Standardization (ISO) / International Electrotechnical
				  Commission (IEC) standard 17011 and is a signatory to the International
				  Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement
				  (MRA) for Testing.
(2) "Scope of
				  accreditation" means a document issued by an accreditation body that attests to
				  the laboratory's competence to carry out specific testing and
				  analysis.
(3) "Testing laboratory"
				  means an independent, third-party laboratory, contracted by a cannabinoid hemp
				  processor to test cannabinoid hemp products.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 114 - Cannabinoid Hemp › Section 114.11 - Requirements for cannabinoid hemp retailers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Cannabinoid hemp retailers shall only
				  sell cannabinoid hemp products manufactured, packaged, labeled and tested in
				  accordance with this Part.
(b)
				  Cannabinoid hemp retailers shall not offer or sell any cannabinoid hemp product
				  clearly labeled or advertised for the purpose of smoking, or in the form of a
				  cigarette, cigar, or pre-roll, or packaged or combined with other items
				  designed to facilitate smoking such as rolling papers or pipes. Retailers shall
				  have sufficient safeguards in place to verify that an individual presenting or
				  submitting proof of age matches the identification and is twenty-one (21) years
				  of age or older in order to purchase any cannabinoid hemp product containing
				  more than 0.5 milligrams of total THC per serving, concentrated cannabinoid
				  hemp product intended for inhalation or vaporization, or flower
				  product.
(c) Cannabinoid hemp
				  retailers shall post, visible to consumers, any and all signs or posted
				  placards required by the office, including posting of the cannabinoid hemp
				  retail license issued by the office, in a conspicuous location on the premises
				  of each retail location.
(d)
				  Cannabinoid hemp products shall be displayed in a manner that distinguishes
				  them from non-cannabinoid hemp products, to aide consumers in locating
				  cannabinoid hemp products and avoid accidental purchase or
				  consumption.
(e) Cannabinoid hemp
				  retailers shall maintain sufficient records of where cannabinoid hemp products
				  were purchased from for the license period, including the name of the
				  cannabinoid hemp processor if applicable, and the wholesaler or permitted
				  distributor if applicable.
(f) The
				  office may inspect any retail location offering cannabinoid hemp products. This
				  inspection may include taking samples of cannabinoid hemp products to ensure
				  compliance with all the requirements of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 114 - Cannabinoid Hemp › Section 114.12 - Advertising requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  advertisement for a cannabinoid hemp product, cannabinoid hemp processor or
				  cannabinoid hemp retailer shall not:
(1)
				  include any false or misleading statements, images, or other content including,
				  but not limited to, any health claims;
(2) contain claims that cannabinoid hemp or a
				  cannabinoid hemp product can, or is intended to, diagnose, cure, mitigate,
				  treat, or prevent disease;
(3) lead
				  a reasonable consumer to believe that a cannabinoid hemp product is cannabis,
				  or medical cannabis or that a licensee is authorized to sell or dispense
				  cannabis or medical cannabis, as those are defined in section 3  of the Cannabis
				  Law;
(4) have the purpose or effect
				  of targeting or being attractive to individuals under twenty-one (21) years of
				  age. The use of images of children or minors consuming cannabinoid hemp
				  products and the use of words, designs, or brands that resemble products
				  commonly associated with children, minors, or marketed to children or minors,
				  is prohibited.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 114 - Cannabinoid Hemp › Section 114.13 - New York Hemp Product

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A New York
				  Hemp Product is a cannabinoid hemp product exclusively grown in New York State
				  and processed in New York State by processors that are licensed under this Part
				  and that demonstrate compliance with all requirements enumerated by the
				  office;
(b) The office may
				  establish standards and requirements above and beyond those established in this
				  Part and use such standards and requirements to certify products as New York
				  Hemp Product.
(c) The office may
				  revoke a cannabinoid hemp product's status as certified New York Hemp Product,
				  without a hearing, if it has reason to believe that such product no longer
				  meets one or more of the standards or requirements established by the
				  office.
(d) No cannabinoid hemp
				  product sold in New York state may use the term "New York Hemp Product" or hold
				  itself out as being New York Hemp Product, or approved or certified by the
				  office in any way, unless such product has been certified by the office
				  pursuant to this section, in which case the cannabinoid hemp processor and
				  cannabinoid hemp retailer may portray such product(s) as being certified New
				  York Hemp Product. A violation of this subdivision constitutes grounds for
				  suspension or revocation of a license.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 114 - Cannabinoid Hemp › Section 114.14 - General prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  licensee shall engage in any activity relating to the processing, packaging,
				  labeling manufacturing, extracting, distributing, selling or laboratory testing
				  of cannabinoid hemp extract or cannabinoid hemp that does not comply with the
				  requirements of Article 5 of the Cannabis Law and this Part.
(b) No person shall extract hemp extract or
				  manufacture cannabinoid hemp products in New York State unless licensed to
				  engage in such activity by the office or otherwise authorized by the United
				  States Food and Drug Administration.
(c) Hemp extract shall be manufactured into
				  cannabinoid hemp product before being offered for retail sale and shall not be
				  distributed or sold directly to consumers within the state.
(d) No cannabinoid hemp product shall be
				  distributed or offered for retail sale in New York State unless:
(1) it complies with the processing,
				  packaging, labeling and testing requirements pursuant to sections
				  114.8,
				  114.9 and
				  114.10 of this Part; and
(2) is sold by a cannabinoid hemp retailer
				  licensed under this Part;
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 114 - Cannabinoid Hemp › Section 114.15 - Cannabinoid hemp processor prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No cannabinoid hemp processor may
				  transfer a license issued under this Part without prior written approval of the
				  office.
(b) No cannabinoid hemp
				  processor shall manufacture a cannabinoid hemp product that is a potentially
				  hazardous food, as defined by Section
				  14-1.31 of Title 10 of the
				  Official Compilation of Codes, Rules and Regulations of the State of New
				  York.
(c) No cannabinoid hemp
				  processor may conduct final product testing for the licensee's own products to
				  meet the testing requirements of Section
				  114.10 of this Part. Nothing in
				  this Part prohibits a cannabinoid hemp processor from performing internal
				  testing for research and product development or for quality assurance prior to
				  final product testing by a third-party laboratory.
(d) No cannabinoid hemp processor may sell
				  cannabinoid hemp products to consumers for final retail sale without first
				  obtaining a cannabinoid hemp retail license.
(e) No cannabinoid hemp processor shall sell
				  hemp extract to anyone in New York State, unless such person is licensed as a
				  cannabinoid hemp processor under this Part, registered as a registered
				  organization under Section 3365  of the Public Health Law or Article 3 of the
				  Cannabis Law.
(f) No cannabinoid
				  hemp processor shall process any final cannabinoid hemp products for retail
				  sale in New York State which exceeds the maximum total THC limits per serving
				  and per package as set forth in this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 114 - Cannabinoid Hemp › Section 114.16 - Cannabinoid hemp retailer prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No cannabinoid hemp retailer shall offer
				  or sell any cannabinoid hemp product containing more than 0.5 milligrams of
				  total THC per serving, concentrated cannabinoid hemp product or flower product
				  to anyone under twenty-one (21) years of age.
(b) No cannabinoid hemp retailer shall sell a
				  cannabinoid hemp product that is a potentially hazardous food, as defined by
				  Section 14-1.31 of Title 10 of the
				  Official Compilation of Codes, Rules and Regulations of the State of New
				  York.
(c) Cannabinoid hemp
				  retailers shall only offer and sell cannabinoid hemp products that meet all of
				  the standards and requirements of Sections
				  114.8,
				  114.9 and
				  114.10 of this Part.
(d) Cannabinoid hemp retailers shall not
				  offer or sell any cannabinoid hemp product to be added to food or other
				  consumable products at the point of sale.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 114 - Cannabinoid Hemp › Section 114.17 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Licensees under
				  this Part shall comply with all applicable laws, rules and regulations as it
				  relates to such licensure.
(b)
				  Failure to comply with a requirement of Article 5 of the Cannabis Law or this
				  Part may be punishable by a civil penalty, as follows:
(i) a fine of up to $1,000 for a first
				  violation;
(ii) a fine up to $5,000
				  for a second violation within three-years; or
(iii) a fine up to $10,000 for a third
				  violation and each subsequent violation thereafter, within a three-year
				  period.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 114 - Cannabinoid Hemp › Section 114.18 - Cannabinoid hemp permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The office
				  may issue cannabinoid permits expressly authorizing a permittee to conduct one
				  or more of the following activities:
(1)
				  distribute cannabinoid hemp products manufactured out of state, to cannabinoid
				  hemp retailers within New York State;
(2) deliver cannabinoid hemp products from a
				  cannabinoid hemp retailer to consumers;
(3) sell at retail cannabinoid hemp products
				  for a limited duration;
(4)
				  continue operations for persons holding a valid CBD processor research
				  partnership agreement with the New York State Department of Agriculture and
				  Markets pursuant to Article 29-A of the New York State Agriculture and Markets
				  Law;
(5) any other activity as
				  determined by the Cannabis Control Board.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 114 - Cannabinoid Hemp › Section 114.19 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part are severable. If any provision
					 of this Part is found to be invalid, or if any application of this Part to any
					 person or circumstance is found to be invalid, the invalidity shall not affect
					 any other provisions or applications which can be given effect without the
					 invalid provision or application.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 114 - Cannabinoid Hemp › Section 114.20 - Incorporation by reference

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of the Code of Federal Regulations which
					 have been incorporated by reference in this Subpart have been filed in the
					 Office of the Secretary of State of the State of New York, the publication so
					 filed being the booklet entitled: Code of Federal Regulations, Title 21, Parts
					 101, 111, and 117, revised as of April 1, 2012, June 25, 2007, and January 1,
					 2019 respectively, published by the Office of the Federal Register, National
					 Archives and Records Administration. The regulations incorporated by reference
					 may be examined at the Records Access Office, New York State Office of Cannabis
					 Management, Harriman State Office Building Campus, Albany, New York, 12207 or
					 can be directly obtained from the Superintendent of Documents, US Government
					 Printing Office, Washington, D.C. 20402.