Help Save New York’s Hemp Industry

The New York hemp industry needs your support to force a change in new “emergency” regulations issued by the Cannabis Control Board (CCB) on July 19 that dramatically restrict and even prohibit many types of hemp products that are commonly sold throughout the US. You can show your support by signing the “Stop the Ban” petition. New Yorkers should also contact their state representatives and regulators to let them know how losing access to these products and the ability to distribute them lawfully will harm consumers and small businesses in the state, including the loss of many jobs. In addition to the regulations, the CCB issued an “Emergency Justification” riddled with hyperbole and fear-mongering.   

As stated in the petition:

“The New York Cannabis Control Board (CCB) abruptly introduced emergency regulations with the intent to address “intoxicating cannabinoid hemp products” in the state. Practically, however, the new regulations stand to eliminate access to efficacious full spectrum CBD products that millions rely on every day to help with pain, sleep, stress, anxiety, inflammation, and for overall wellness. The emergency regulations make the sale of any hemp product containing even nominal amounts of naturally occurring hemp THC illegal in New York.“

According to the regulations, no cannabinoid hemp product can be labeled, advertised, or marketed for smoking or inhalation purposes. This includes products that resemble or are marketed to children or minors. Retailers are prohibited from offering or selling cannabinoid hemp products clearly labeled or advertised for smoking, such as cigarettes, cigars, or pre-rolls, and products combined with items designed for smoking, like rolling papers or pipes. Additionally, the sale of cannabinoid hemp products containing more than 0.5 milligrams of total THC per serving, concentrated cannabinoid hemp products intended for inhalation or vaporization, or flower products to individuals under 21 years of age is restricted. These restrictions aim to ensure the responsible and safe use of smokable or inhalable hemp products. Here are some important provisions:

Cannabinoid hemp products must have a minimum CBD:THC ratio of 15:1. However, if CBD is not the primary marketed cannabinoid, the sum of the cannabinoids, excluding THC, must contain a minimum ratio of 15:1 THC. This does not apply to flower products or topicals.

Ingestible products are limited to 10mg of total THC per package and can contain no more than 1 mg of total THC per serving. Aside from wiping out hemp-derived THC products, this prohibition also bans most full-spectrum CBD products. Notably, this means that a hemp beverage cannot contain more than 1 mg of THC since a beverage constitutes a single serving.

Tinctures cannot contain more than 100 mg of total THC per package and nor more than 4,000 mg of cannabinoids per package.

Products containing more than 0.5 mg of total THC per serving cannot be sold to those under 21.

I hope that you will take the time sign the “Stop the Ban” petition and also to contact NY lawmakers and regulators to let them know how these new emergency regulations impact your business, your employees, and your customers.

Please contact us if you have any questions about this or other hemp-related legal issues.

July 29, 2023

Rod Kight is an international cannabis lawyer. He represents businesses throughout the cannabis industry. Additionally, Rod speaks at cannabis conferences, drafts and presents legislation to foreign governments, is regularly quoted on hemp matters in the media, and is the editor of the Kight on Cannabis legal blog, which discusses legal issues affecting the hemp industry. You can contact him by clicking here.