New York State Office of Cannabis Management Adopts Final Hemp Regulations

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On November 24, 2021, the New York state Office of Cannabis Management (OCM) published a Notice of Adoption of the long-awaited hemp regulations. The regulations are codified at 9 NYCRR Part 114, titled “Cannabinoid Hemp.” Aside from technical edits to reflect the regulatory transition over hemp from the Department of Health to OCM, the regulations mimic those proposed in May, 2021. Refer to our legal alert from May for a summary of hemp regulations.

In drafting the final set, OCM considered commentary from the New York Cannabis Growers and Processors Association, the Hemp Round Table, the New York State Farm Bureau, as well as over 100 other stakeholders. OCM intends to collaborate with the Hemp Workgroup to assess how the hemp program is progressing, issue guidance interpreting the regulations and edit the regulations as needed.

OCM is now accepting applications for cannabinoid hemp processor and retailer licenses and distributor permits, and have published a "packaging and labeling" checklist for licensees to utilize. Licensees have until April 25, 2022 to come into compliance with all labeling and packaging requirements.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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