New York Proposes Rules for Hemp-Infused Food And Beverages

Hemp Drink Being Poured
  • The health department in the state of New York has proposed regulations for the production and sale of hemp-infused food and beverages.
  • The proposed plan includes details surrounding THC levels, the packaging of products, and limitations for overall cannabinoid levels.
  • The proposal is open for public comment until January 11th, 2021.

The state of New York’s health department has publicly released regulations for the production and sale of hemp-infused food, beverages, cosmetics, and vapes.

Released on Monday, the proposed regulations make New York state parallel with several other states with disregard for the federal stance that CBD extracts can’t go in food. Smokable hemp flower, however, remains prohibited for sale in New York.

The New York health department is allowing the public to comment on the proposed regulations until January 11th of next year.

The proposed plan also includes a section regarding the allowed THC limits at different sections of the supply chain. Sales between hemp operators within the state can possess up to 3% THC. However, products sold to the public must possess 0.3% or less of THC.

As for the products themselves, the following rules have been proposed:

  • Food and beverage products can’t contain any more than 25 milligrams of cannabinoids (including CBD).
  • The packing of the products can’t be made or marketed in any manner that would attract minors.
  • The products can’t be infused with tobacco or alcohol products.
  • No patches, inhalers, or injectables are allowed to be sold.

The New York Cannabis Growers & Processors Association stated that the rules are “an important step for New York State as it becomes a global leader in the hemp extract market.”

Vice President of the association, Kaelen Castetter, states that the rules “also sends a clear message to the industry that the FDA’s lack of oversight and inconsistent enforcement will no longer apply to the 20 million residents of New York.”

Applications Available

Hemp processors have to pay a $1,000 application fee while manufacturers face a $500 fee. Once an application is accepted, the business must pay an additional fee; $4,500 for licensing and $2,000 for manufacturers.

New York and its hemp farmers are continuing to operate under their existing rules for the 2021 growing season, stating that the 2018 guidelines that were set were “unrealistic” and “unreasonable.”

Moving Forward

New York state’s cannabis industry is one of the premiere industries in the country in regard to producing CBD products. These proposed rules should have no problem gaining acceptance from farmers, processors, and consumers, and the positive impact it has should be felt almost immediately.

As long as no outside federal voices step in to shut down the state setting their own standards, New York should expect significant growth for their hemp industry in 2021.



Leave a Reply

Your email address will not be published. Required fields are marked *

Scroll to Top