MRTA Article 5, Sections 106–111
New York regulates cannabinoid hemp separately from adult-use cannabis, but hemp operators are still subject to inspections, enforcement actions, penalties, and license consequences. Compliance under Article 5 is mandatory and actively enforced.
This section explains what counts as a lawful hemp product, how violations are penalized, and how New York oversees hemp compliance statewide.
This section defines when a product may be labeled or marketed as a “New York Hemp Product.”
A product may only use this designation if it is:
Using the term without meeting these requirements is a violation.
While the designation may offer a marketing advantage, it also subjects the operator to higher compliance expectations and enforcement scrutiny.
This section authorizes the State to issue penalties for violations of hemp laws or regulations.
Violations may result in:
Repeated violations, failure to correct issues, or ignoring enforcement notices significantly increases enforcement risk. Compliance is a condition of holding a hemp license and maintaining eligibility for future licensure.
This section establishes a hemp workgroup to advise the Cannabis Control Board and OCM.
The workgroup provides guidance on:
While advisory in nature, workgroup recommendations often inform future regulations. Operators should monitor these developments to anticipate compliance changes.
This section lists activities that hemp operators are prohibited from engaging in.
Prohibited conduct includes:
Violations of these prohibitions are enforcement triggers and may result in immediate corrective or punitive action.
This section allows OCM to issue special permits for hemp-related activities that fall outside standard licensing categories.
Examples may include:
Special permits are narrow, time-limited, and subject to strict conditions. They do not replace standard licensing and may be revoked if conditions are violated.
If a court invalidates one portion of Article 5, the remaining provisions remain enforceable.
For operators, this means license obligations and compliance duties continue unless the State explicitly amends or repeals them. A legal challenge does not suspend enforcement by default.
