New York’s Cannabis Control Board: Third Meeting News


New York’s Cannabis Control Board (CCB) held its third meeting yesterday, November 3, 2021. As will be the case with all CCB meetings, it was broadcast live and a transcript of the meeting will be published here.

We were pretty clear with what we were hoping for coming out of the CCB’s third meeting and Chairwoman Tremaine Wright’s statement that adult-use licenses will not be issued for 18 months: clarification on the licensure timeline (i.e. when rules and regulations will be released). That did not happen.

The CCB and the Office of Cannabis Management (OCM) did however make several noteworthy announcements, most notably implementing New York’s cannabinoid hemp rules and regulations. The CCB also approved a number of additional staffing hires. Details to come on the hires.

In terms of the cannabinoid hemp program, the CCB focused on highlighting the program objectives, particularly creating a comprehensive regulatory scheme and establishing consumer protections based on its rules and regulations for testing and packaging, among other things.

The CCB also announced future edits to the cannabinoid hemp regulations:

  • Changing the serving per milligram cap for dietary supplement cannabinoid hemp products from 75 mg to 100 mg;
  • Removing the requirement that cannabinoid hemp products be shelf stable;
  • Increasing the acceptable THC concentration of intermediary hemp extract from 3% THC to 5% THC;
  • Allowing out-of-state manufacturers to omit the label warning that the product may cause a consumer to fail a drug test;
  • Establishing a process for small hemp farmers to affordably process and manufacture their own product;
  • Moving the cannabinoid hemp testing limits from regulation to a guidance document;
  • Modifying the requirement to list the milligrams of total THC per serving and per package on cannabinoid hemp product labeling;
  • Requiring cannabinoid hemp processors to include on the label the state(s) where the hemp used to manufacture the product was sourced from; and
  • Defining “craft” cannabis to prohibit advertising and marketing from processors who do not meet the definition.

Two other notes. First, the legal sale of Delta 8 cannabinoid hemp was NOT authorized by the passed regulations and will be part of the adult-use rules and regulations.

Second, ironically, the CCB noted that one of the reasons the cannabinoid hemp rules and regulations passed so quickly was because the CCB “did not need to reinvent the wheel.” Given the desire to pass these regulations, the CCB’s practical approach to rulemaking for cannabinoid hemp makes a ton of sense.

Of course, this course of action with respect to cannabinoid hemp calls into question why it would take 18 months from now to issue adult-use licenses when all of the information about what has worked and not worked in other states with respect to adult-use cannabis regulations is readily available. We would hope that the CCB takes a similarly practical approach to the adult-use cannabis rules and regulations.

Want to hear more and meet some Canna Law Blog team members in person? My esteemed colleague Nathalie Bougenies and I will be hosting a Canna Law Blog happy hour on Thursday, November 4, 2021 at Churchill’s Tavern (details here) and speaking at the CWCBExpo in New York City on Friday, November 5, 2021 (details here). Hope to see you there.



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