Hemp, THC and CBD laws in New York

§ 93. Cannabinoid hemp retailer license. 1. Retailers selling cannabinoid hemp, in final form to consumers within the state, shall be required to obtain a cannabinoid hemp retailer license from the board.

12. Nothing in this article shall prevent the sale of cannabinoid hemp flower; provided however, that any cannabinoid hemp flower product sold shall be limited to a person over twenty-one years of age and shall be subject to regulations promulgated by the board; provided further that such regulations shall not unduly restrict the availability of cannabinoid hemp flower; and 13. Any cannabinoid hemp flower product clearly labeled or advertised for the purposes of smoking, or in the form of a cigarette, cigar, or pre-roll, or packaged or combined with other items designed to facilitate smoking such as rolling papers or pipes, shall only be offered for sale in adult-use cannabis retail dispensaries licensed pursuant to article four of this chapter.

(a) All cannabinoid hemp products distributed or offered for retail sale in New York State shall:
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(2) contain no more than three-tenths of a percent (0.3%) total Δ9-Tetrahydrocannabinol
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(3) except for flower products or topical products, contain a ratio of CBD to THC that is 15:1 or higher, provided however, if CBD is not the primary marketed cannabinoid, the sum of cannabinoids excluding THC must have a ratio of 15:1 THC;
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([5]6) not be in the form of an injectable, inhaler, product including cigarette, cigar, pre-roll, or any other disallowed form as determined by the office;
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(1[0]1) not contain synthetic cannabinoids, artificially derived cannabinoids, or cannabinoids created through isomerization, including, but not limited to, Δ8-tetrahydrocannabinol and Δ10- tetrahydrocannabinol.
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(b) All cannabinoid hemp products distributed or offered for retail sale in New York State shall meet the following additional requirements:
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(i) 10 milligrams total THC per package, with no more than 1 milligram total THC per serving; and

Subdivision (b) of section 114.11 is amended to read as follows: (b) Cannabinoid hemp retailers shall not offer or sell any cannabinoid hemp product clearly labeled or advertised for the purpose of smoking, or in the form of a cigarette, cigar, or pre-roll, or packaged or combined with other items designed to facilitate smoking such as rolling papers or pipes. Retailers shall have sufficient safeguards in place to verify that an individual presenting or submitting proof of age matches the identification and is twenty-one (21) years of age or older in order to purchase [for an inhalable]any cannabinoid hemp product containing more than 0.5 milligrams of total THC per serving, concentrated cannabinoid hemp product intended for inhalation or vaporization, or flower product[ matches the identification and is 21 years of age or
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Subdivision (a) of section 114.16 is amended to read as follows: (a) No cannabinoid hemp retailer shall offer or sell any cannabinoid hemp product containing more than 0.5 milligrams of total THC per serving, concentrated cannabinoid hemp product [in the form of an inhalable cannabinoid hemp product ]or flower product to anyone under twenty-one (21) years of age.

Sec. 781. <<NOTE: Effective date. 7 USC 1639o note.>> Effective
365 days after the enactment of this Act, Section 297A of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) is amended--
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``(A) In general.--The term `hemp' means the plant
Cannabis sativa L. and any part of that plant, including
the seeds thereof and all derivatives, extracts,
cannabinoids, isomers, acids, salts, and salts of
isomers, whether growing or not, with a total
tetrahydrocannabinols concentration (including
tetrahydrocannabinolic acid) of not more than 0.3
percent on a dry weight basis.
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``(C) Exclusions.--Such term does not include--
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``(iii) any intermediate hemp-derived
cannabinoid products which are marketed or sold as
a final product or directly to an end consumer for
personal or household use; or
``(iv) any final hemp-derived cannabinoid
products containing--
``(I) cannabinoids that are not
capable of being naturally produced by a
Cannabis sativa L. plant;
``(II) cannabinoids that--
``(aa) are capable of being
naturally produced by a Cannabis
sativa L. plant; and
``(bb) were synthesized or
manufactured outside the plant;
or
``(III) greater than 0.4 milligrams
combined total per container of--
``(aa) total
tetrahydrocannabinols (including
tetrahydrocannabinolic acid); and
``(bb) any other
cannabinoids that have similar
effects (or are marketed to have
similar effects) on humans or
animals as a
tetrahydrocannabinol (as
determined by the Secretary of
Health and Human Services).
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``(C) The term `container' means the innermost
wrapping, packaging, or vessel in direct contact with a
final hemp-derived cannabinoid product in which the
final hemp-derived cannabinoid product is enclosed for
retail sale to consumers, such as a jar, bottle, bag,
box, packet, can, carton, or cartridge.

SEC. 2019. <<NOTE: Applicability.>> SECTION 781 EXTENSION.
Until December 11, 2026, the amendments made by section 781 of
division B of Public Law 119-37 (7 U.S.C. 1639o note) shall only apply
with respect to products described in paragraphs (1)(C)(ii)(I) and
(1)(C)(iv)(I) of section 297A of the Agricultural Marketing Act of 1946
(7 U.S.C. 1639o) (as amended by such section 781).

Hexahydrocannabinol is currently controlled in
schedule I as a tetrahydrocannabinol.
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Thus, only tetrahydrocannabinols in or derived from the cannabis
plant--not synthetic tetrahydrocannabinols--are excluded from control
as ``tetrahydrocannabinols in hemp.'' To clarify further,
tetrahydrocannabinols produced through chemical conversion, even when
hemp derived are considered synthetically produced for purposes of the
CSA, do not qualify as ``tetrahydrocannabinols in hemp'' under the AIA.

453.37 Hemp-Based Products
For purposes of this section, "hemp" refers to the definition provided under federal law, including Section 10113 of the Agricultural Improvement Act of 2018, Pub. L.115-334 (7 U.S.C. § 1639o), or any successor provision. Hemp and hemp-based products, including cannabidiol (CBD) with the tetrahydrocannabinol (THC) concentration of such hemp (or its derivatives) not exceeding a 0.3 percent limit are permitted to be mailed domestically only when the mailer:
Complies with all applicable federal, state, and local laws, including U.S. Department of Agriculture approved plans for hemp production, processing, distribution, and sales (7 CFR Part 990).
Retains records establishing compliance with such laws and plans, including laboratory test results, licenses, or compliance reports, for no less than 3 years after the date of mailing.
Shipments of hemp and hemp-based products, including CBD, are prohibited in international mail, including items for delivery to overseas Army Post Office, Fleet Post Office, and Diplomatic Post Office addresses (APO/FPO/DPO).

Marijuana, including marijuana intended for medical use and Cannabidoil ("CBD") derived from Marijuana
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Vape products within, to or from the U.S
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Certain items we list as prohibited will be accepted by UPS on a contractual basis for shippers with regular volume and the ability to comply with all applicable laws and regulations. The items we can carry under certain criteria are:
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Hemp and CBD

9. Can THC or CBD products be sold as dietary supplements?
A. No. Based on available evidence, FDA has concluded that THC and CBD products are excluded from the dietary supplement definition under section 201(ff)(3)(B) of the FD&C Act [21 U.S.C. § 321(ff)(3)(B)].
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10. Is it legal, in interstate commerce, to sell a food (including any animal food or feed) to which THC or CBD has been added?
A. No. Under section 301(ll) of the FD&C Act [21 U.S.C. § 331(ll)], it is prohibited to introduce or deliver for introduction into interstate commerce any food (including any animal food or feed) to which has been added a substance which is an active ingredient in a drug product that has been approved under section 505 of the FD&C Act [21 U.S.C. § 355], or a drug for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public.