Bill Text: NY A08334 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes procedures for the growing of industrial hemp.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-01-06 - referred to agriculture [A08334 Detail]
Download: New_York-2015-A08334-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8334
2015-2016 Regular Sessions
I N A S S E M B L Y
August 5, 2015
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Agriculture
AN ACT to amend the agriculture and markets law and the public health
law, in relation to establishing procedures for the growing of indus-
trial hemp
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative intent. The legislature hereby finds and
2 declares that it is necessary to establish policy and procedures for the
3 growing of industrial hemp in the state so that farmers and other busi-
4 nesses in the agricultural industry can take advantage of this market
5 opportunity when federal regulations permit.
6 S 2. The article heading of article 29 of the agriculture and markets
7 law, as added by chapter 524 of the laws of 2014, is amended to read as
8 follows:
9 ARTICLE 29
10 GROWTH OF INDUSTRIAL HEMP PILOT PROGRAM
11 S 3. The agriculture and markets law is amended by adding a new arti-
12 cle 29-A to read as follows:
13 ARTICLE 29-A
14 GROWTH OF INDUSTRIAL HEMP
15 SECTION 510. DEFINITIONS.
16 511. GROWTH OF INDUSTRIAL HEMP PERMITTED.
17 512. LICENSES TO INDUSTRIAL HEMP GROWERS.
18 513. REVOCATION AND SUSPENSION OF LICENSE.
19 514. RULES AND REGULATIONS.
20 S 510. DEFINITIONS. AS USED IN THIS ARTICLE:
21 1. "GROWER" MEANS ANY PERSON OR BUSINESS ENTITY LICENSED WHO IS GRANT-
22 ED A LICENSE UNDER THIS ARTICLE BY THE COMMISSIONER TO GROW INDUSTRIAL
23 HEMP.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06356-02-5
A. 8334 2
1 2. "HEMP PRODUCTS" MEANS ALL PRODUCTS MADE FROM INDUSTRIAL HEMP,
2 INCLUDING BUT NOT LIMITED TO CLOTH, CORDAGE, FIBER, FOOD, FUEL, PAINT,
3 PAPER, PARTICLE BOARD, PLASTICS, SEED, SEED MEAL, SEED OIL, AND CERTI-
4 FIED SEED FOR CULTIVATION IF SUCH SEEDS ORIGINATE FROM INDUSTRIAL HEMP
5 VARIETIES.
6 3. "INDUSTRIAL HEMP" MEANS VARIETIES OF THE PLANT CANNABIS SATIVA
7 HAVING NO MORE THAN THREE TENTHS OF ONE PERCENT TETRAHYDROCANNABINOL,
8 WHETHER GROWING OR NOT, THAT ARE CULTIVATED OR POSSESSED BY A LICENSED
9 GROWER IN COMPLIANCE WITH THIS ARTICLE.
10 4. "HEMP" MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART OF THE
11 PLANT, WHETHER GROWING OR NOT, WITH A DELTA-9 TETRAHYDROCANNABINOL
12 CONCENTRATION OF NOT MORE THAN THREE TENTHS OF ONE PERCENT ON A DRY
13 WEIGHT BASIS.
14 5. "COMMISSIONER" MEANS THE COMMISSIONER OF AGRICULTURE AND MARKETS.
15 S 511. GROWTH OF INDUSTRIAL HEMP PERMITTED. INDUSTRIAL HEMP IS AN
16 AGRICULTURAL PRODUCT WHICH MAY BE GROWN, PRODUCED, POSSESSED, AND
17 COMMERCIALLY TRADED IN THE STATE PURSUANT TO THE PROVISIONS OF THIS
18 ARTICLE.
19 S 512. LICENSES TO INDUSTRIAL HEMP GROWERS. 1. ANY PERSON OR BUSINESS
20 ENTITY WISHING TO ENGAGE IN THE PRODUCTION OF INDUSTRIAL HEMP MUST BE
21 LICENSED AS AN INDUSTRIAL HEMP GROWER BY THE COMMISSIONER. A PERSON
22 SHALL NOT GROW HEMP IN THIS STATE UNTIL HE OR SHE OBTAINS A LICENSE FROM
23 THE COMMISSIONER. A LICENSE FROM THE COMMISSIONER SHALL AUTHORIZE
24 INDUSTRIAL HEMP PRODUCTION ONLY AT A SITE OR SITES SPECIFIED BY THE
25 LICENSE.
26 2. A LICENSE FROM THE COMMISSIONER SHALL BE VALID FOR TWENTY-FOUR
27 MONTHS UP TO THIRTY-SIX MONTHS FROM THE DATE OF ISSUANCE AND MAY BE
28 RENEWED BUT SHALL NOT BE TRANSFERABLE.
29 3. (A) THE COMMISSIONER SHALL OBTAIN A RECORD OF CONVICTIONS IN THE
30 STATE AND OTHER JURISDICTIONS FOR ANY APPLICANT FOR A LICENSE WHO HAS
31 GIVEN WRITTEN AUTHORIZATION ON THE APPLICATION FORM. CONVICTION RECORDS
32 PROVIDED TO THE COMMISSIONER UNDER THIS SECTION ARE CONFIDENTIAL AND
33 SHALL BE USED ONLY TO DETERMINE THE APPLICANT'S ELIGIBILITY FOR LICEN-
34 SURE.
35 (B) A PERSON WHO HAS BEEN CONVICTED IN THE STATE OF A FELONY OFFENSE
36 OR A COMPARABLE OFFENSE IN ANOTHER JURISDICTION SHALL NOT BE ELIGIBLE
37 FOR A LICENSE UNDER THIS ARTICLE.
38 4. WHEN APPLYING FOR A LICENSE PERMIT FROM THE COMMISSIONER, AN APPLI-
39 CANT SHALL PROVIDE INFORMATION SUFFICIENT TO DEMONSTRATE TO THE COMMIS-
40 SIONER THAT THE APPLICANT INTENDS TO GROW AND IS CAPABLE OF GROWING
41 INDUSTRIAL HEMP IN ACCORDANCE WITH THIS ARTICLE, WHICH AT A MINIMUM
42 SHALL INCLUDE:
43 (A) FILING WITH THE COMMISSIONER A SET OF CLASSIFIABLE FINGERPRINTS
44 AND WRITTEN AUTHORIZATION PERMITTING THE DEPARTMENT TO GENERATE A RECORD
45 OF CONVICTIONS AS REQUIRED BY PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
46 SECTION.
47 (B) FILING WITH THE COMMISSIONER DOCUMENTATION CERTIFYING:
48 (I) THAT THE SEEDS OBTAINED FOR PLANTING ARE OF A TYPE AND VARIETY
49 COMPLIANT WITH THE MAXIMUM CONCENTRATION OF TETRAHYDROCANNABINOL SET
50 FORTH IN SUBDIVISION THREE OF SECTION FIVE HUNDRED TEN OF THIS ARTICLE;
51 AND
52 (II) FILING WITH THE COMMISSIONER THE LOCATION AND ACREAGE OF ALL
53 PARCELS SOWN AND OTHER FIELD REFERENCE INFORMATION AS MAY BE REQUIRED BY
54 THE COMMISSIONER.
55 5. TO QUALIFY FOR A LICENSE FROM THE COMMISSIONER, AN APPLICANT SHALL
56 DEMONSTRATE TO THE SATISFACTION OF THE COMMISSIONER THAT THE APPLICANT
A. 8334 3
1 HAS ADOPTED METHODS TO ENSURE THE LEGAL PRODUCTION OF INDUSTRIAL HEMP,
2 WHICH AT A MINIMUM SHALL INCLUDE:
3 (A) ENSURING THAT ALL PARTS OF THE INDUSTRIAL HEMP PLANT THAT DO NOT
4 ENTER THE STREAM OF COMMERCE AS HEMP PRODUCTS ARE DESTROYED, INCORPO-
5 RATED INTO THE SOIL, OR OTHERWISE PROPERLY DISPOSED OF; AND
6 (B) MAINTAINING RECORDS THAT REFLECT COMPLIANCE WITH THE PROVISIONS OF
7 THIS ARTICLE AND WITH ALL OTHER STATE LAWS REGULATING THE PLANTING AND
8 CULTIVATION OF INDUSTRIAL HEMP.
9 6. EVERY GROWER SHALL MAINTAIN ALL PRODUCTION AND SALES RECORDS FOR AT
10 LEAST THREE YEARS.
11 7. EVERY GROWER SHALL ALLOW INDUSTRIAL HEMP CROPS, THROUGHOUT SOWING,
12 GROWING SEASON, HARVEST, STORAGE, AND PROCESSING, TO BE INSPECTED BY AND
13 AT THE DISCRETION OF THE COMMISSIONER OR HIS OR HER DESIGNEE.
14 S 513. REVOCATION AND SUSPENSION OF LICENSE. 1. THE COMMISSIONER MAY
15 DENY, SUSPEND, REVOKE, OR REFUSE TO RENEW THE LICENSE OF ANY GROWER WHO:
16 (A) MAKES A FALSE STATEMENT OR MISREPRESENTATION ON AN APPLICATION FOR
17 A LICENSE OR RENEWAL OF A LICENSE; OR
18 (B) FAILS TO COMPLY WITH OR VIOLATES ANY PROVISION OF THIS ARTICLE OR
19 ANY RULE ADOPTED UNDER IT.
20 2. REVOCATION OR SUSPENSION OF A LICENSE MAY BE IN ADDITION TO ANY
21 CIVIL OR CRIMINAL PENALTIES IMPOSED ON A GROWER FOR A VIOLATION OF ANY
22 OTHER STATE LAW.
23 S 514. RULES AND REGULATIONS. THE COMMISSIONER SHALL ADOPT RULES
24 AND/OR REGULATIONS TO PROVIDE FOR THE IMPLEMENTATION OF THIS ARTICLE,
25 WHICH SHALL INCLUDE RULES TO ALLOW FOR THE INDUSTRIAL HEMP TO BE TESTED
26 DURING GROWTH FOR TETRAHYDROCANNABINOL LEVELS AND TO ALLOW FOR SUPER-
27 VISION OF THE INDUSTRIAL HEMP DURING SOWING, GROWING SEASON, HARVEST,
28 STORAGE AND PROCESSING.
29 S 4. Subdivision 1 of section 3397-b of the public health law, as
30 added by chapter 810 of the laws of 1980, is amended to read as follows:
31 1. "Marijuana" means [marijuana] MARIHUANA as defined in section thir-
32 ty-three hundred two of this chapter [and shall also include tetrahydro-
33 cannabinols or a chemical derivative of tetrahydrocannabinol].
34 S 5. This act shall take effect on the ninetieth day after it shall
35 have become a law; provided, that if chapter 524 of the laws of 2014 is
36 not in effect on such effective date then section two of this act shall
37 take effect on the same date as such chapter, takes effect; provided,
38 further, that effective immediately, the addition, amendment and/or
39 repeal of any rule or regulation necessary for the implementation of
40 this act on its effective date are authorized and directed to be made
41 and completed on or before such effective date.
