2022 New York Laws
PBH - Public Health
Article 33-B - Regulation of Cannabinoid Hemp and Hemp Extract
3398 - Definitions.

* § 3398.  Definitions.  As  used in this article, the following terms
shall have the following meanings, unless the context  clearly  requires
otherwise:
  1.  "Cannabinoid"  means  the phytocannabinoids found in hemp and does
not  include  synthetic  cannabinoids  as  that  term  is   defined   in
subdivision  (g)  of  schedule  I of section thirty-three hundred six of
this chapter.
  2. "Cannabinoid hemp" means any hemp  and  any  product  processed  or
derived from hemp, that is used for human consumption provided that when
such  product  is  packaged or offered for retail sale to a consumer, it
shall not have a concentration of more than three tenths  of  a  percent
delta-9 tetrahydrocannabinol.
  3.  "Used for human consumption" means intended by the manufacturer or
distributor to be: (a) used for human consumption  for  its  cannabinoid
content;  or  (b)  used  in, on or by the human body for its cannabinoid
content.
  4. "Hemp" means the plant Cannabis sativa L.  and  any  part  of  such
plant,  including  the  seeds  thereof  and  all  derivatives, extracts,
cannabinoids, isomers, acids,  salts,  and  salts  of  isomers,  whether
growing  or not, with a delta-9 tetrahydrocannabinol concentration (THC)
of not more than three-tenths of a percent on a  dry  weight  basis.  It
shall not include "medical marihuana" as defined in subdivision eight of
section thirty-three hundred sixty of this chapter.
  5.  "Hemp  extract"  means  all  derivatives,  extracts, cannabinoids,
isomers, acids, salts, and salts of isomers derived from hemp,  used  or
intended  for  human  consumption,  for  its cannabinoid content, with a
delta-9 tetrahydrocannabinol concentration of not more  than  an  amount
determined  by  the  department  in  regulation. For the purpose of this
article, hemp extract excludes (a) any food,  food  ingredient  or  food
additive  that  is generally recognized as safe pursuant to federal law;
or (b) any hemp extract that is not used  for  human  consumption.  Such
excluded substances shall not be regulated pursuant to the provisions of
this  article  but  are  subject to other provisions of applicable state
law, rules and regulations.
  6. "License" means a license issued pursuant to this article.
  7. "Cannabinoid hemp processor license" means a license granted by the
department to process, extract, pack or manufacture cannabinoid hemp  or
hemp  extract into products, whether in intermediate or final form, used
for human consumption.
  8. "Processing"  means  extracting,  preparing,  treating,  modifying,
compounding, manufacturing or otherwise manipulating cannabinoid hemp to
concentrate or extract its cannabinoids, or creating product, whether in
intermediate  or final form, used for human consumption. For purposes of
this article, processing does not  include:  (a)  growing,  cultivation,
cloning,   harvesting,   drying,   curing,  grinding  or  trimming  when
authorized pursuant  to  article  twenty-nine  of  the  agriculture  and
markets law; or
  (b)  mere  transportation, such as by common carrier or another entity
or individual.
  * NB Repealed 6 months after the full cannabis control  board  created
by Article 2 of the cannabis law has been appointed