Personal THC consumption was legalized in New York in 2021, ending cannabis prohibition and replacing it with a system to tax and regulate cannabis for adults 21 and over. Following the Agricultural Act of 2018 ("2018 Farm Bill"), which legalized CBD and hemp production nationally by removing hemp and its derivatives (Cannabis sativa-L containing no more than 0.3% THC) from the Controlled Substances Act, New York chose to legalize the production and sale of certain hemp-derived THC and CBD products.
On December 9, 2019, Governor Andrew Cuomo signed the House Bill S6184A, or what is colloquially referred to as the “hemp law.” The New York hemp law established one of the most comprehensive regulatory frameworks for hemp and hemp extracts in the country. This Bill relates to the growth of industrial hemp and the regulation of hemp extract and provides for the licensing of cannabinoid related hemp extract and the requirements for such licenses.
The Bill addressed several important areas including:
- Licensure requirements, including licenses related to the manufacture and distribution of cannabinoid for human consumption or use on or in connection with the human body;
- Labeling standards which may not be consistent with other Federal or State laws;
- New York sales;
- The New York State Industrial Hemp and Hemp Extract Workgroup.
The Marihuana Regulation & Taxation Act (MRTA) was signed into law on March 31, 2021 legalizing adult-use cannabis (also known as marijuana, or recreational marijuana) in New York State. The legislation created a new Office of Cannabis Management (OCM) governed by a Cannabis Control Board to comprehensively regulate adult-use, medical, and hemp cannabis.
Marijuana is legal in New York for both medical and recreational users, with some restrictions. Starting August, 2021, adults 21 and older may possess cannabis and purchase cannabis products in licensed stores.
The MRTA amends the NYS Penal Law, adding Article 222 Cannabis, which sets forth both legal and illegal activities regarding adult‐use cannabis. Penal Law § 222.05 expressly states that any individual 21 or older may:
(a) possess, display, purchase, obtain, or transport up to 3 ounces of cannabis and up to 24 grams of concentrated cannabis
(b) transfer, without compensation, to another person 21 or older, up to 3 ounces of cannabis and up to 24 grams of concentrated cannabis;
(c) use, smoke, ingest, or consume cannabis or concentrated cannabis unless otherwise prohibited by state law;
(d) possess, use, display, purchase, obtain, manufacture, transport or give to any person 21 or older cannabis paraphernalia or concentrated cannabis paraphernalia;
(e) plant, cultivate, harvest, dry, process or possess cultivated cannabis in accordance with Penal Law § 222.15; and
(f) (i) assist another person who is 21 or older or (ii) allow property to be used in any of the acts described in the preceding paragraphs.
Medical Marijuana in New York
The term “medical marijuana” refers to using the whole unprocessed marijuana plant or its basic extracts to treat a disease or symptom. Studies show that the marijuana plant contains chemicals that may help treat a range of illnesses or symptoms, and can assist patients suffering from serious medical conditions by alleviating pain and improving their quality of life.
While some states have already legalized marijuana for medicinal purposes, the issue is still being hotly debated in many others. As of 2019, a total of 41 states in the US have successfully legislated medical marijuana programs, with 19 states adopting recreational cannabis programs, and 23 states decriminalizing cannabis entirely.
Medical cannabis has been legally available to New Yorkers through the State’s medical marijuana program since 2014.
People may be eligible to use medical cannabis to treat their health condition if a state-registered health care provider certifies that medical cannabis is clinically appropriate.
Patients certified by their health care provider can register with the Medical Cannabis Program. There is no patient registration fee and patients can designate caregivers. The patient will receive a registry ID card that lets them buy medical cannabis from a dispensary in New York State.
The Marihuana Regulation & Taxation Act (MRTA) expanded the eligibility of medical cannabis, increased the number of caregivers allowed per patient, allows prescriptions for as many as 60 days (up from 30) and allows smokable cannabis to be purchased in medical cannabis dispensaries.
According to New York state regulations:
- Patient possession limits: three ounces per month
- Home cultivation: qualified patients to home-cultivate up to six plants (only three mature) per private residence. Plants may be cultivated either indoor or outdoor, but they must be grown in an enclosed space that is not visible to the public. Patients may possess a total of up to five pounds of cannabis from their harvest.
- Qualified medical marijuana patients in New York have the benefit of shopping at medical cannabis dispensaries.
Hemp Farming Act
Sec. 1 Definitions-Cannabis and Hemp
"Industrial 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 of not more than 0.3 percent on a dry weight basis.
"Hemp extract" means any product made or derived from industrial hemp, including the seeds thereof and all derivatives whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than an amount of 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 of not more than an amount determined by the department in regulation, used or intended for human or animal consumption or use for its cannabinoid content, as determined by the commissioner in regulation.
Section 3.
The industrial hemp used for research pursuant to this section shall be sourced from authorized New York state industrial hemp produc12 ers. The research partner may obtain an exemption for only grain or fiber from this requirement upon a satisfactory showing to the department that a suitable variety of industrial hemp for the research project is not grown in New York and/or the use of New York sourced hemp is not practicable for the project. Hemp for extracts can only be sourced from authorized New York state industrial hemp producers.
"Cannabinoid grower" means a person licensed by the department, and in compliance with article twenty-nine of this chapter, to acquire, possess, cultivate, and sell hemp extract for its cannabinoid content.
"Cannabinoid manufacturer" means a person licensed by the department to acquire, possess, and manufacture hemp extract from licensed cannabinoid growers or cannabinoid extractors for the manufacture and sale of hemp extract products marketed for cannabinoid content and used or intended for human or animal consumption or use.
"Cannabinoid extractor" means a person licensed by the department to acquire, possess, extract and manufacture hemp extract from licensed cannabinoid growers for the manufacture and sale of hemp extract products marketed for cannabinoid content and used or intended for human or animal consumption or use.
According to the 2018 Farm Bill, hemp and hemp-derived products are legal in all states from a federal perspective. However, it’s worth noting that hemp is defined as cannabis having a maximum of 0.3% Delta 9 THC.
While some states have purposefully made hemp-derived products, like Delta 8 THC, illegal, others like New York allow cannabis and derived products regardless of THC content.