N.Y. Public Health Law Section 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 § 3306 (Schedules of controlled substances)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 § 3360 (Definitions)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

Source: Section 3398 — Definitions, https://www.­nysenate.­gov/legislation/laws/PBH/3398 (updated Apr. 2, 2021; accessed Jul. 13, 2024).

Accessed:
Jul. 13, 2024

Last modified:
Apr. 2, 2021

§ 3398’s source at nysenate​.gov

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