Cannabis Law Section 38
Cannabis research license
1.The board shall establish a cannabis research license that permits a licensee to produce, process, purchase and/or possess cannabis for the following limited research purposes:
(a)to test chemical potency and composition levels;
(b)to conduct clinical investigations of cannabis-derived drug products;
(c)to conduct research on the efficacy and safety of administering cannabis as part of medical treatment; and
(d)to conduct genomic or agricultural research.
2.As part of the application process for a cannabis research license, an applicant must submit to the board a description of the research that is intended to be conducted as well as the amount of cannabis to be grown or purchased. The board shall review an applicant’s research project and determine whether it meets the requirements of subdivision one of this section. In addition, the board shall assess the application based on the following criteria:
(a)project quality, study design, value, and impact;
(b)whether the applicant has the appropriate personnel, expertise, facilities and infrastructure, funding, and human, animal, or other approvals in place to successfully conduct the project; and
(c)whether the amount of cannabis to be grown or purchased by the applicant is consistent with the project’s scope and goals. If the office determines that the research project does not meet the requirements of subdivision one of this section, the application must be denied.
3.A cannabis research licensee may only sell cannabis grown or within its operation to other cannabis research licensees. The board may revoke a cannabis research license for violations of this section.
4.A cannabis research licensee may contract with an institution of higher education, including but not limited to a hospital within the state university of New York, to perform research in conjunction with such institution. All research projects, entered into under this section must be approved by the board and meet the requirements of subdivision one of this section.
5.In establishing a cannabis research license, the board may adopt regulations on the following:
(b)cannabis research license renewal requirements, including whether additional research projects may be added or considered;
(c)conditions for license revocation;
(d)security measures to ensure cannabis is not diverted to purposes other than research;
(e)amount of plants, useable cannabis, cannabis concentrates, or cannabis-infused products a licensee may have on its premises;
(f)licensee reporting requirements;
(g)conditions under which cannabis grown by licensed cannabis producers and other product types from licensed cannabis processors may be donated to cannabis research licensees; and
(h)any additional requirements deemed necessary by the board.
6.A cannabis research license issued pursuant to this section must be issued in the name of the applicant and specify the location at which the cannabis researcher intends to operate, which must be within the state of New York.
7.The application fee for a cannabis research license shall be determined by the board on an annual basis and may be based on the size, scope and duration of the research proposed.
8.Each cannabis research licensee shall issue an annual report to the board. The board shall review such report and make a determination as to whether the research project continues to meet the research qualifications under this section.
Section 38 — Cannabis research license,
https://www.nysenate.gov/legislation/laws/CAN/38 (updated Apr. 9, 2021; accessed Nov. 25, 2023).