August 08, 2023

USHR Comments On New York Emergency Regulations For Hemp Products

Emergency Regulations in New York

Today, the U.S. Hemp Roundtable submitted comments in response to the emergency regulations for cannabinoid hemp products issued by the New York Office of Cannabis Management (“OCM”) published last month. As we reported, there is a 60-day period from publication for public comment and the Roundtable committed to being first in line, particularly in strong opposition to the arbitrarily low THC limits.

While the OCM claims that this regulation is intended to address the proliferation of unsafe, unregulated intoxicating hemp products that are often available to minors – a mission with which we strongly agree – this regulation would spell the end of non-intoxicating, full-spectrum hemp cannabinoid products in the Empire State. 

We are especially concerned with the regulation’s 1 milligram per serving and 10 milligram per package limits for total THC, as well as the lack of an ample transition period to allow hemp cannabinoid businesses to come into compliance with the regulation. These regulations would have a devastating impact on New York farmers and small businesses, serving as an unworkable model for the rest of the nation. 

State officials who spoke with our General Counsel said they expect all hemp products that are non-compliant with the regulations (i.e., higher than 1 mg THC/serving) to immediately be removed from shelves, although there is no indication of the timing of potential enforcement actions. Our comments strongly recommend a delay in implementation.  

We encourage industry stakeholders and Hemp Supporters in New York State to send your own comments to the OCM using the email linked here and below. Remember, there’s just a short window for public comment, so send yours today! 

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