MRTA (Cannabis Law), Article 5, Sections 90–111
Article 5 governs hemp and cannabinoid hemp products in New York State.
These sections control who must be licensed, how hemp products are made and sold, what testing and labeling are required, and how the State enforces compliance.
Hemp is regulated separately from adult-use cannabis. Holding an adult-use license does not authorize hemp activity.
Defines key terms that determine whether a product is regulated under Article 5, including:
These definitions control whether a product is lawful, licensable, or prohibited.
Authorizes the Cannabis Control Board to issue hemp regulations, including rules on:
Licensees must comply with both the statute and all regulations adopted under it.
Required to manufacture, extract, formulate, package, or label hemp-derived products for human consumption.
Includes white-label manufacturing.
Processors must meet facility, THC-limit, testing, and documentation requirements.
Required to sell hemp products directly to consumers, including:
An adult-use cannabis license does not replace this requirement.
Explains how to apply for hemp processor or retailer licenses, including:
Incomplete applications may be denied.
Applicants must provide:
Inaccurate or missing information may result in denial or enforcement.
Sets required fees for hemp licenses.
Fees vary by license type and activity level.
All fees are non-refundable.
OCM evaluates applications based on:
Licenses are not issued on a first-come basis.
Retail licenses renew annually.
Processor licenses renew every two years.
Renewal requires:
Each license must list:
Licenses must be displayed and cannot be transferred or reused.
State approval is required before:
Unapproved changes can void the license.
OCM may approve, suspend, or revoke licenses for violations of Article 5, its regulations, or OCM orders.
Licensees must maintain records covering:
Records must be available for inspection at all times.
Products must comply with requirements for:
Non-compliant products may be subject to stop-sale or seizure.
Establishes standards for:
Unapproved methods are violations.
All hemp products must be tested by a state-approved independent laboratory before sale.
Testing must confirm:
Products may not be sold without valid results.
Defines when a product may be labeled as a New York hemp product.
Improper use of this designation is a violation.
Authorizes enforcement actions including:
Creates an advisory body to provide recommendations on hemp regulation and industry practices.
Lists prohibited activities, including:
Allows limited, time-bound permits for activities outside standard licensing categories.
A standard legal clause.
If a court invalidates one part of Article 5, the rest of the law remains in force.
For operators, this means:
