OCM Takes Over New York’s Hemp Cannabinoid Program. Now What?

Last week, New York’s Cannabis Control Board (“CCB”) held its first meeting since the enactment of the Marijuana Regulation and Taxation Act (the “MRTA”) and announced the transition of the State’s Cannabinoid Hemp Program (the “Program”) from the Department of Health (“DOH”) to the Office of Cannabis Management (“OCM”) – OCM is tasked with administering the cannabis rules and regulations CCB will eventually implement.

If you follow this blog, you may recall that in the spring of 2020, New York enacted A08977, which instructed DOH to develop the Program. Although DOH launched the Program in November 2020 and began accepting licensing and permit applications for cannabinoid hemp processors, distributors, and retailers, the state agency didn’t initiate the formal rulemaking process until June 2 of this year.

Since the publication of the DOH regulations (the “Rules”) in the New York State Register, licensees – as of September 30, 2021, licensees included 2,275 retailers, 384 distributors, 36 processors (hemp extract) and 34 manufacturers (finished products) – have had to comply with licensing, manufacturing, distribution, and sale requirements. Some of these requirements include:

Manufacturing cannabinoid hemp products pursuant to current good manufacturing practices (“cGMPs”). Cannabinoid hemp products regulated by DOH include food products

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