N.Y. Public Health Law § 3398: Definitions

* § 3398. Definitions. As used in this article, the following terms

shall have the following meanings, unless the context clearly requires

otherwise:

1. "Cannabinoid" means the phytocannabinoids found in hemp and does

not include synthetic cannabinoids as that term is defined in

subdivision (g) of schedule I of section thirty-three hundred six of

this chapter.

2. "Cannabinoid hemp" means any hemp and any product processed or

derived from hemp, that is used for human consumption provided that when

such product is packaged or offered for retail sale to a consumer, it

shall not have a concentration of more than three tenths of a percent

delta-9 tetrahydrocannabinol.

3. "Used for human consumption" means intended by the manufacturer or

distributor to be: (a) used for human consumption for its cannabinoid

content; or (b) used in, on or by the human body for its cannabinoid

content.

4. "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 (THC)

of not more than three-tenths of a percent on a dry weight basis. It

shall not include "medical marihuana" as defined in subdivision eight of

section thirty-three hundred sixty of this chapter.

5. "Hemp extract" means all derivatives, extracts, cannabinoids,

isomers, acids, salts, and salts of isomers derived from hemp, used or

intended for human consumption, for its cannabinoid content, with a

delta-9 tetrahydrocannabinol concentration of not more than an amount

determined by the department in regulation. For the purpose of this

article, hemp extract excludes (a) any food, food ingredient or food

additive that is generally recognized as safe pursuant to federal law;

or (b) any hemp extract that is not used for human consumption. Such

excluded substances shall not be regulated pursuant to the provisions of

this article but are subject to other provisions of applicable state

law, rules and regulations.

6. "License" means a license issued pursuant to this article.

7. "Cannabinoid hemp processor license" means a license granted by the

department to process, extract, pack or manufacture cannabinoid hemp or

hemp extract into products, whether in intermediate or final form, used

for human consumption.

8. "Processing" means extracting, preparing, treating, modifying,

compounding, manufacturing or otherwise manipulating cannabinoid hemp to

concentrate or extract its cannabinoids, or creating product, whether in

intermediate or final form, used for human consumption. For purposes of

this article, processing does not include: (a) growing, cultivation,

cloning, harvesting, drying, curing, grinding or trimming when

authorized pursuant to article twenty-nine of the agriculture and

markets law; or

(b) mere transportation, such as by common carrier or another entity

or individual.

* NB Repealed 6 months after the full cannabis control board created

by Article 2 of the cannabis law has been appointed