Bill Text: NY A06174 | 2023-2024 | General Assembly | Introduced
Bill Title: Prohibits the cultivation, processing, distribution and sale of edible cannabis products, flavored cannabis vape cartridges and other flavored cannabis products; prohibits the use of food-related names in the labeling or packaging of cannabis products; prohibits the use of food-related names in the advertisement of cannabis products.
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-01-03 - referred to economic development [A06174 Detail]
Download: New_York-2023-A06174-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6174 2023-2024 Regular Sessions IN ASSEMBLY April 3, 2023 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Economic Development AN ACT to amend the cannabis law, in relation to prohibiting the culti- vation, processing, distribution and sale of edible cannabis products, flavored cannabis vape cartridges and other flavored cannabis products, and providing restrictions on the labeling and advertisement of flavored cannabis products The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3 of the cannabis law is amended by adding a new 2 subdivision 24-a to read as follows: 3 24-a. "Edible cannabis product" means cannabis in a consumable form 4 including, but not limited to, candy products, baked goods, chips, 5 crackers and drinks. 6 § 2. Subdivision 1 of section 84 of the cannabis law is amended by 7 adding two new paragraphs (a) and (b) to read as follows: 8 (a) No distributor shall sell or distribute any edible cannabis prod- 9 uct. 10 (b) No distributor shall sell or distribute any flavored cannabis vape 11 cartridge. 12 § 3. Subdivision 3 of section 85 of the cannabis law is amended by 13 adding two new paragraphs (a) and (b) to read as follows: 14 (a) No cannabis retail licensee shall sell, deliver, or give away or 15 cause or permit or procure to be sold, delivered or given away any 16 edible cannabis product. 17 (b) No cannabis retail licensee shall sell, deliver, or give away or 18 cause or permit or procure to be sold, delivered or given away any 19 flavored vape cartridge. 20 § 4. Subdivision 1 of section 125 of the cannabis law is amended by 21 adding two new paragraphs (a) and (b) to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10334-01-3A. 6174 2 1 (a) No registered organization, licensee, or permittee or other entity 2 under the jurisdiction of the board shall sell, deliver or give away, or 3 cause, permit or procure to be sold, delivered or given away any edible 4 cannabis product. 5 (b) No registered organization, licensee, or permittee or other entity 6 under the jurisdiction of the board shall sell, deliver or give away, or 7 cause, permit or procure to be sold, delivered or given away any 8 flavored cannabis vape cartridge. 9 § 5. Section 83 of the cannabis law is amended by adding a new subdi- 10 vision 11 to read as follows: 11 11. (a) No cultivator of adult-use cannabis shall grow or clone any 12 cannabis plant which is flavored by the infusion of added terpenes. 13 (b) No processor of adult-use cannabis shall extract, blend, infuse or 14 otherwise manufacture any cannabis product with added terpenes for 15 flavor. 16 (c) For purposes of this subdivision, the term "terpene" shall include 17 cannabis-derived terpenes, naturally-derived terpenes, including but not 18 limited to lavender, citrus and pine needles, and synthetically-derived 19 terpenes. 20 § 6. Section 81 of the cannabis law is amended by adding a new subdi- 21 vision 8 to read as follows: 22 8. Such rules and regulations shall include the prohibition of product 23 labeling or packaging that reflects the name of or a type of food. 24 Cultivators and processors of cannabis may distinguish between types of 25 cannabis by assigning different names to different varieties, so long as 26 such names do not include any references to food. 27 § 7. Paragraph (d) of subdivision 2 of section 86 of the cannabis law 28 is amended to read as follows: 29 (d) is designed in any way to appeal to children or other minors, 30 including but not limited to, giving cannabis products food-related 31 names; 32 § 8. This act shall take effect on the thirtieth day after it shall 33 have become a law. Effective immediately, the addition, amendment and/or 34 repeal of any rule or regulation necessary for the implementation of 35 this act on its effective date are authorized to be made and completed 36 on or before such effective date.