As you may or may not know, the New York State Hemp Regulations have been released. What are these regulations and how do they affect you, the consumer? We’ll be giving you the full breakdown of how the NYS Hemp Extract Bill and its regulations can potentially have a drastic impact on the current state of hemp CBD products in NYS and our community.
As a little bit of background, the Hemp Extract Bill was signed into law by Gov. Cuomo is an effort to standardize and regulate hemp cannabinoid products being brought to the New York public market. Since the passing of the Federal Farm Bill, the hemp CBD industry has blown up due to a lack of oversight and regulation. This has allowed for an open hemp CBD market with countless brands and products constantly being introduced to the market. In short, the Hemp Extract bill would set the “golden standard” for all hemp cannabinoid extracts and products while setting a regulatory framework for the hemp industry in New York. You can read the full Hemp Extract Bill here.
The regulations for the Hemp Extract Bill were delayed due to Covid-19 but were recently released and effective starting January 2021. The rules were published in the State Register on November 10th which initiated a 60 day public comment period that will close on January 11th, 2021.
The new hemp regulations set quality and labeling standardization and have included the use of hemp extract in food and beverages, but we see many prohibitions in the regulations that are going to do more harm than good! Below we’re going to give you a brief outline of the pending NYS Hemp Regulations. The full version of the 2021 NYS Hemp Regulations can be found here.
Keep in the mind, while these laws have been passed with regulations going into effect very shortly, it could take some time for the Department of Health to issue further guidance and enforcement. At Sativa Remedy, we will keep you updated as we receive more information!
1. Banning Hemp Flowers
In the pending hemp regulation, NYS will not allow the sale of raw hemp flowers including loose or preroll hemp flower products. For many, raw hemp is the most accessible and cost-effective form of hemp CBD because it can be used in different methods of consumption outside of just smoking the plant. Hemp flowers can be turned into edibles, tinctures, and topicals fairly easily. Many consumers choose to source hemp flowers for this reason; to make their own plant medicine. The raw hemp plant when eaten is also rich in Omegas 3 & 6 and other natural compounds making it both nutritious and medicinal.
At Sativa Remedy, we believe this regulation will be harmful to consumers, hemp farmers, and the NYS hemp industry as a whole. Regulations will not stop people from obtaining their plant medicine; many will simply choose to source from unregulated marketplaces. This could lead to consumers ending up with unsafe, potentially dangerous, and toxic hemp products.
NYS hemp farmers need the ability to sell their flowers to an open market in order to keep their operations alive and continue to grow plant medicine. NYS deserves a craft hemp industry that supports and protects both producers and consumers!
2. Purchasing Out of State Hemp CBD
NYS will only allow out-of-state CBD manufacturers to distribute hemp cannabinoid products into NYS with a permit. Shortly, this means that many online retailers could simply choose to not ship their hemp CBD products to NYS residents or to NYS retailers. This could include any banned products, like hemp flowers and prerolls.
3. Other Banned Hemp Products
According to the new hemp regulations, all hemp cannabinoid products sold in NYS, at retail stores or online, must not be in the form of an injectable, transdermal patch, inhaler, suppository, or flower product including cigarette, cigar, or preroll. The regulations also allow the NYS Department of Health to further restrict other hemp products at any time in the future.
4. Allowed Inhalable Products
NYS will allow inhalable cannabinoid hemp products but only in the form of a pre-filled disposable cartridge that attaches to a rechargeable battery, or a single-use product that cannot be recharged. NYS will also heavily regulate additives in hemp vape cartridges to exclude synthetic terpenes, polyethylene glycol (PEG), vitamin E acetate, medium-chain triglycerides (MCT oil), and much more.
We believe that regulations on the quality and safety of inhalable hemp extracts are necessary for protecting consumer wellbeing, but the complete ban of craft smokable hemp flowers is unnecessary.
5. Food and Beverage Products
NYS will allow hemp extracts in food and beverage products which was previously not allowed. If the cannabinoid hemp product is a food or beverage it can contain up to 25 milligrams of total cannabinoids per serving of a product.
6. Total Cannabinoid Cap
NYS will limit all hemp cannabinoid products to a total cannabinoid content of 3,000mg per product. This could limit access for consumers that require higher potency dosages. Once again, NYS adds unnecessary regulations that would largely prevent the NYS Hemp market from thriving while also limited consumer access to plant medicine.
How You Can Take Action!
At Sativa Remedy, we’ve always supported hemp regulations that promote consumer safety and encourages the growth of a craft hemp industry in New York State. Overall, after reviewing the NYS Hemp regulations, we believe they will do more harm than good. We’re asking you to help us prevent this from happening by flooding the NYSDOH with your comments, stories, and personal testimonial. We are hoping through awareness and advocacy to get some of the more damaging proposed regulations removed from the regulations, including the proposed ban on the sale of hemp flowers.
To help, it is as easy as sending an email! Please send your comments to firstname.lastname@example.org with “Addition of Part 1005 to Title 10 NYCRR (Cannabinoid Hemp)” in the subject line. Let’s get loud and protect our rights and access to plant medicine.
Visit NYS’s website for more information on New York’s Cannabinoid Hemp Program and to view the proposed regulations: https://health.ny.gov/regulations/hemp/.