July 21, 2023

Emergency Regulations in New York

Emergency Regulations in New York

As we have been anticipating, the New York Cannabis Control Board (CCB) issued emergency regulations for cannabinoid hemp products. According to the CCB, the regulations are intended to address intoxicating cannabinoid hemp products by making the following changes:

  1. 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 change does not apply to flower products or topicals.
  2. Ingestible products (defined as “orally consumed products”) are limited to 10mg total THC per package and no more than 1 mg total THC per serving.
  3. Tinctures cannot contain more than 100 mg of total THC per package and more than 4,000 mg of cannabinoids/package.
  4. Products containing more than 0.5 mg of total THC per serving cannot be sold to those under 21.

In addition, modifications are made to the packaging, labeling, and advertising requirements and the required product warning is revised. 

The regulations will go into immediate effect upon their publication which will likely take a couple of weeks. Our General Counsel, Jonathan Miller spoke with state officials this afternoon, and they will expect products that are non-compliant (i.e., higher than 1 mg THC/serving) to immediately be removed from shelves upon this publication, with no sell-through period.

However, there will be a 60-day period upon publication for the public to file comments in opposition. The US Hemp Roundtable will be early in line to comment, particularly in strong opposition to the arbitrarily low THC limits.

Please share with us your stories about the disruption these regulations would incur to your farm, business, or livelihood.