N.Y. Public Health Law Section 3398-A
Rulemaking authority

The commissioner may make regulations pursuant to this article for the processing, distribution, marketing, transportation and sale of cannabinoid hemp and hemp extracts used for human consumption, which may include, but not be limited to:

1.

Specifying forms, establishing application, reasonable administration and renewal fees, or license duration;

2.

Establishing the qualifications and criteria for licensing, as authorized by law;

3.

The books and records to be created and maintained by licensees and lawful procedures for their inspection;

4.

Any reporting requirements;

5.

Methods and standards of processing, labeling, packaging and marketing of cannabinoid hemp, hemp extract and products derived therefrom;

6.

Procedures for how cannabinoid hemp, hemp extract or ingredients, additives, or products derived therefrom can be deemed as acceptable for sale in the state;

7.

Provisions governing the modes and forms of administration, including inhalation;

8.

Procedures for determining whether cannabinoid hemp, hemp extract or ingredients, additives, or products derived therefrom produced outside the state or within the state meet the standards and requirements of this article and can therefore be sold within the state;

9.

Procedures for the granting, cancellation, revocation or suspension of licenses, consistent with the state administrative procedures act;

10.

Restrictions governing the advertising and marketing of cannabinoid hemp, hemp extract and products derived therefrom; and

11.

Any other regulations necessary to implement this article. * NB Repealed 6 months after the full cannabis control board created by Article 2 of the cannabis law has been appointed

Source: Section 3398-A — Rulemaking authority, https://www.­nysenate.­gov/legislation/laws/PBH/3398-A (updated Apr. 2, 2021; accessed Nov. 29, 2025).

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Verified:
Nov. 29, 2025

Last modified:
Apr. 2, 2021

§ 3398-A. Rulemaking authority's source at nysenate​.gov

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