Empire State Cannabis Update: CCB Makes Progress In Hemp Program & Chair Hints At Adult-Use Timeline – Cannabis & Hemp – United States – Mondaq News Alerts

On November 3, 2021, New York’s Cannabis Control Board (CCB)
held its third public meeting during which it made additional
progress in developing the regulatory landscape contemplated by the
Marijuana Regulation and Taxation Act (MRTA). The developments from
the meeting and its implications …….

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On November 3, 2021, New York’s Cannabis Control Board (CCB)
held its third public meeting during which it made additional
progress in developing the regulatory landscape contemplated by the
Marijuana Regulation and Taxation Act (MRTA). The developments from
the meeting and its implications are detailed below.

Cannabinoid Hemp Program Regulations (Finally)
Finalized

While much attention is focused on New York’s adult-use
cannabis market, the CCB and Office of Cannabis Management (OCM)
are also responsible for overseeing both the Medical Marijuana and
Cannabinoid Hemp Programs. Accordingly, the CCB’s first three
meetings have focused on (1) staffing the CCB and OCM, (2)
publishing medical home grow regulations, and (3) finalizing
Cannabinoid Hemp Program regulations.

As detailed in our previous post, the MRTA required the CCB to
“issue rules and regulations governing the home cultivation of
cannabis by certified [medical marijuana] patients . . . no later
than six months after the effective date of the MRTA.” The
six-month deadline expired on September 30, 2021, with no
regulations drafted, so the CCB needed to play catch up, which it
did last meeting.

Similarly, the MRTA requires the CCB “[t]o fix by rule and
regulation the standards and requirements of cultivation,
processing, packaging, marketing, and sale of . . . cannabinoid
hemp and hemp extract.” Prior to the MRTA, the New York State
Department of Health was responsible for developing the regulatory
scheme for the Cannabinoid Hemp Program. Between October 2020 and
May 2021, the DOH issued, published, received public comment on,
and finalized proposed hemp regulations. However, because the MRTA
transferred control of the Cannabinoid Hemp Program to the CCB, the
DOH’s “final” regulations were stuck in limbo since
their May 2021 publication. The CCB changed that on Wednesday, with
notable changes to the Hemp Program summarized in the slide
below:

Although the regulations released did not concern New York’s
Adult-Use Program, the CCB’s hemp-focused meeting is still
important to the development of the Empire State’s adult-use
market. By checking off statutory requirements like publishing
medical home-grow regulations and finalizing the hemp regulations,
the CCB is making necessary progress to put itself in a place where
it can publish adult-use regulations. OCM Executive Director
Christopher Alexander even noted that the OCM was preparing the
first public health and safety campaign for the Adult-Use Program,
as summarized in the slide below:

After six months of delay out of the gate, the
developments in the Medical Marijuana and Cannabinoid Hemp Programs
come as a good sign for the state’s cannabis industry, and, as
discussed below, proves that the CCB is that much closer to
adult-use rollout.Delta-8 Banned (For Now)

The most newsworthy headline for New York cannabis consumers
from the CCB’s third meeting was the announcement that the sale
of Delta-8 products is banned effective immediately “due to
[Delta-8’s] psychoactive properties.” The CCB intends to
address the sale of such products in the adult-use regulations.

For those unfamiliar, Delta-8-tetrahydrocannabinol, colloquially
referred to as “Delta-8,” is a psychoactive cannabinoid
that is naturally occurring in the cannabis plant. As described by the FDA: “Delta-8 THC has
psychoactive and intoxicating effects, similar to Delta-9 THC
(i.e., the component responsible for the ‘high’ people may
experience from using cannabis).” Delta-8 is said to produce a
“milder high” due to weaker chemical
bonds than Delta-9-THC. More importantly, Delta-8 is arguably legal
to sell due to a grey area in federal legislation.

The Controlled Substances Act (CSA) explicitly prohibits the
sale of Delta-9-tetrahydrocannabinol (a Schedule I federal
substance), while the Agricultural Improvement Act …….

Source: https://www.mondaq.com/unitedstates/cannabis-hemp/1130194/empire-state-cannabis-update-ccb-makes-progress-in-hemp-program-chair-hints-at-adult-use-timeline

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