New York proposes regulations for CBD products derived from hemp

It took a year to put on the table the rules for marketing hemp and hemp-based products. CBD. In December 2019, Andrew Cuomo had signed a bill to establish regulations for the production and sale of hemp and hemp extracts in the state.

The New York State Department of Health has now proposed future quality control standards and a licensing program for CBD products derived from hemp. The text is open for public comment until early January.

«These regulations are the next step toward regulating New York's growing hemp industry to protect consumers and help ensure the long-term viability of the industry,» said Andrew Cuomo, Governor of New York State, in announcing the proposal.

In addition to prohibiting the addition of non-psychotropic cannabinoids to alcoholic beverages or products containing nicotine, the new rules stipulate that :

• No CBD product may be sold if it contains more than 0.3% of THC. THC levels must be displayed in milligrams per container and per serving.
• No food or beverage may contain more than 25 milligrams of cannabinoids extracted from hemp per serving.
• In supplements such as ointments or tinctures, the product can contain up to 3,000 milligrams of CBD.
• Foods and beverages infused with CBD and other hemp extracts must be packaged by the manufacturer. Extracts cannot be added at the retail level (a bakery, for example, cannot add them to a batch of brownies).
• CBD-infused products cannot be advertised or labeled as curing specific diseases or ailments.
• Products must have a QR code redirecting to the certificates of analysis and display the necessary warnings (forbidden for under-18s, pregnant women, etc.).
• Anyone extracting or manufacturing CBD products in New York State must obtain a license from the Department of Health to be renewed every two years. Applicants must present proof of a GMP audit and pay a license fee of 4,500 $ (for extraction) or 2,000 $ (for manufacturing). All solvents and extraction methods must be approved.
• Anyone selling hemp-derived CBD to consumers must obtain an annual license from the Ministry of Health (300 $ for each retail outlet).

The CBD flowers are not included in the sale and will be restricted to sale until the cannabis legalization passes state, However, this poses a regulatory problem for hemp farmers who have already entered this segment, and who may not have planned or will not be able to afford to apply for a cannabis production license.