On November 3, 2021, New York’s Cannabis Control Board (CCB) held its third public meeting during which it made additional progress in developing the regulatory landscape contemplated by the Marijuana Regulation and Taxation Act (MRTA). The developments from the meeting and its implications are detailed below.

Cannabinoid Hemp Program Regulations (Finally) Finalized

While much attention is focused on New York’s adult-use cannabis market, the CCB and Office of Cannabis Management (OCM) are also responsible for overseeing both the Medical Marijuana and Cannabinoid Hemp Programs. Accordingly, the CCB’s first three meetings have focused on (1) staffing the CCB and OCM, (2) publishing medical home grow regulations, and (3) finalizing Cannabinoid Hemp Program regulations.

As detailed in our previous post, the MRTA required the CCB to “issue rules and regulations governing the home cultivation of cannabis by certified [medical marijuana] patients . . . no later than six months after the effective date of the MRTA.” The six-month deadline expired on September 30, 2021, with no regulations drafted, so the CCB needed to play catch up, which it did last meeting.

Similarly, the MRTA requires the CCB “[t]o fix by rule and regulation the standards and requirements of cultivation, processing, packaging, marketing, and sale of . . . cannabinoid hemp and hemp extract.” Prior to the MRTA, the New York State Department of Health was responsible for developing the regulatory scheme for the Cannabinoid Hemp Program. Between October 2020 and May 2021, the DOH issued, published, received public comment on, and finalized proposed hemp regulations. However, because the MRTA transferred control of the Cannabinoid Hemp Program to the CCB, the DOH’s “final” regulations were stuck in limbo since their May 2021 publication. The CCB changed that on Wednesday, with notable changes to the Hemp Program summarized in the slide below: