{"id":54987,"date":"2022-06-01T10:07:12","date_gmt":"2022-06-01T18:07:12","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2022\/06\/01\/new-york-marijuana-regulators-approve-rules-on-packaging-advertising-and-testing-as-state-readies-for-adult-use-sales\/"},"modified":"2022-06-01T17:46:07","modified_gmt":"2022-06-02T01:46:07","slug":"new-york-marijuana-regulators-approve-rules-on-packaging-advertising-and-testing-as-state-readies-for-adult-use-sales","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2022\/06\/01\/new-york-marijuana-regulators-approve-rules-on-packaging-advertising-and-testing-as-state-readies-for-adult-use-sales\/","title":{"rendered":"New York Marijuana Regulators Approve Rules On Packaging, Advertising And Testing As State Readies For Adult-Use Sales"},"content":{"rendered":"

<\/p>\n

New York marijuana regulators on Wednesday took another step toward setting up the state for the launch of its adult-use retail market, approving a series of proposed rules for packaging, labeling, advertising and testing requirements.<\/p>\n

They also approved 16 additional adult-use cannabis cultivator applications to help ensure the market has enough product when recreational sales launch by the end of this year, raising the total to 162.<\/p>\n

Members of the Cannabis Control Board (CCB) said that the new rules will help ensure public safety and prevent underage use.<\/p>\n

For example, under one approved measure, only one brand name could be featured on a cannabis item, with no pictures or graphics, except for what regulators are requiring to be included\u2014such as a new universal symbol that will be used to designate legal marijuana products.<\/p>\n

\n

BREAKING: When you see this symbol on a product in stores, you’ll know it’s, tested, high-quality New York Cannabis.<\/p>\n

We’re submitting this universal symbol to the Cannabis Control Board for its review at tomorrow’s meeting & can’t wait to hear from New Yorkers about it. pic.twitter.com\/yuczhD3zQr<\/a><\/p>\n

\u2014 NYS Office of Cannabis Management (@nys_cannabis) May 31, 2022<\/a><\/p>\n<\/blockquote>\n

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Packages also specifically can\u2019t be made to appeal to underage consumers and must be child-resistant and tamper-evident.<\/p>\n

Labels must contain details about the cannabinoid content and concentration, the serving size for edible products, the weight of the item and a lot number.<\/p>\n

\u201cProtecting public health, reducing harm and promoting sustainable industry practices are key components of legalizing cannabis for adult-use and I look forward to considering these regulations as we develop the industry,\u201d CCB Chair Tremaine Wright said in a press release. \u201cWe are committed to building a New York cannabis industry that sets high standards for protecting children and keeping products safe and sustainable.\u201d<\/p>\n

With regard to sustainable practices, licensees must \u201csubmit an environmental sustainability program for cannabis product packaging as part of the application process,\u201d the rules say, and the packages couldn\u2019t be made of single-use plastic, unless at least 25 percent is made from post-consumer recycled content.<\/p>\n

Licensees could also include in their applications proposed plans to sanitize marijuana packaging for reuse.<\/p>\n

A state senator separately filed a bill in February that would\u00a0promote recycling in the marijuana industry<\/a> once retail sales officially launch. Sen. Michelle Hinchey\u2019s (D) measure would require cannabis shops to apply a $1 deposit for any marijuana products sold in single-use plastic containers and also reimburse consumers for that fee if they return the container. She also sponsored legislation that would\u00a0prioritize hemp-based packaging over synthetic plastics<\/a> for marijuana products. Neither measure has been enacted, however.<\/p>\n

For now, CCB\u2019s regulatory proposal<\/a> says that\u00a0\u201cretail packages can be reused after appropriate sanitation and based on visual inspection, if the retail package is in good working order and does not appear to pose a risk of unintended exposure or ingestion of cannabis products.\u201d<\/p>\n

Consistent with existing regulations for other non-cannabis food items, the packages must be labeled in such a way as to identify \u201cany major allergens\u201d the products contain. Marijuana edibles and beverages need to have a nutritional label, as well.<\/p>\n

If solvents are used to produce the product, that also must be noted on the label, as does the expiration date and use-by date and usage instructions.<\/p>\n

The proposed rules also call for a scannable bar code or QR code to be included on marijuana products so that people can view the certification of analysis.<\/p>\n

Additionally, marijuana items must contain this language: \u201cKEEP OUT OF REACH OF CHILDREN AND PETS. For use only by persons 21 years and older,\u201d and include a warning that pregnant women and those who are nursing should not use cannabis. Smokable or vapable products need to include their own warnings about the health risks of inhaling, and edible products will need to include a caution that the onset of effects could take up to four hours.<\/p>\n

With respect to marijuana advertising, CCB also approved a wide range of rules, including a policy that businesses marketing their products must similarly add language stipulating the following: \u2018For use only by adults 21 years of age and older. Keep out of reach of children and pets. In case of accidental ingestion or overconsumption, contact the National Poison Control Center hotline 1-800-222-1222 or call 9-1-1. Please consume responsibly.\u201d<\/p>\n

Similar to federal policy on cigarettes, there would be rotating series of warnings that ads would additionally need to include, such as:<\/p>\n

\u201cCannabis may cause impairment and may be habit forming.\u201d<\/p>\n

\u201cCannabis can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of cannabis.\u201d<\/p>\n

\u201cThere may be health risks associated with consumption of this product.\u201d<\/p>\n

\u201cCannabis is not recommended for use by persons who are pregnant or nursing.\u201d<\/p>\n

\u201cA licensee shall only advertise cannabis products, cannabis paraphernalia, or goods or services related to cannabis or cannabis products by means of television, radio, print, internet, mobile applications, social media, other electronic communication, or print publication if the licensee has reliable evidence that at least 90 percent, unless otherwise determined by the Office, of the audience for the advertisement is reasonably expected to be twenty-one years of age or older,\u201d the rules say. \u201cThe burden of proof of the audience composition lies with the licensee.\u201d<\/p>\n

Marijuana business licensees would be permitted to advertise at a \u201ccharitable, sports, or similar event\u201d as long as it\u2019s determined that at least 90 percent of attendees are 21 or older.<\/p>\n

Another notable regulation that the board approved stipulates that marijuana businesses could not promote \u201cprice, price reductions, or any other discount, customer loyalty program, or coupon.\u201d And they couldn\u2019t use the word \u201corganic\u201d in marketing their products, among many other restrictions.<\/p>\n

Finally, CCB members gave the green light to certain testing requirements for marijuana products. Among the more important rules is that no marijuana testing facility may have a business interest in any of the other cannabis licensee types such as retailers, cultivators or on-site consumption facilities.<\/p>\n

In addition to testing for the phytocannabinoid profile in products, labs will also need to screen for contaminates, including \u201cmicroorganisms, foreign material, metals, moisture content and water activity, mycotoxins, pesticides, residual solvents, terpenoids, and any other analyte or group of analytes determined by\u201d regulators.<\/p>\n

All of the resolutions concerning marijuana packaging, labeling and advertising will now under go a public comment period.<\/p>\n

As New York prepares for the launch of retail sales, regulators have been hard at work getting the market positioned for success.<\/p>\n

For example, CCB help two meetings last month where they granted 94 cultivator licenses<\/a> collectively for existing hemp businesses as part of the state\u2019s seeding opportunity initiative. The body previously approved the first 52 applications<\/a>, and regulators will continue to review the bids on a rolling basis. Another 58 were approved earlier this month, and now at this latest meeting, they approved 16 more cultivator licenses.<\/p>\n

\n

NEW: New York State’s Cannabis Control Board has just approved another 16 adult-use cannabis cultivation licenses.
\u00a0
162 NY farms are now licensed to grow adult-use cannabis, and you’ll be able to buy this bud at retail dispensaries in 2022.<\/p>\n

\u2014 NYS Office of Cannabis Management (@nys_cannabis) June 1, 2022<\/a><\/p>\n<\/blockquote>\n

\n

Gov. Kathy Hochul (D) signed a bill from Assembly Majority Leader Crystal Peoples-Stokes (D) and Sen. Michelle Hinchey (D) to create conditional licenses in February. The intent is to allow existing hemp operators to\u00a0get a head start on growing marijuana<\/a>\u00a0to meet demand for the forthcoming industry.<\/p>\n

Office of Cannabis Management Executive Director Chris Alexander affirmed last month that the state is still on track to launch retail sales \u201clater this year,\u201d adding that, \u201cso far, this has had a tremendous impact in our communities statewide.\u201d<\/p>\n

Regulators also advanced a rule in March to make it so people with prior marijuana convictions, or whose family members have been harmed by criminalization, will get the\u00a0first round of adult-use marijuana retailer licenses<\/a>\u2014ahead of existing medical cannabis businesses. A recent poll found that\u00a0most New Yorkers voters are against that proposal<\/a>.<\/p>\n

During April\u2019s CCB meeting, regulators also approved revised regulations to allow medical marijuana patients to grow their own plants for personal use following a public comment period on initial rules that were proposed last year.<\/p>\n

In general, the rule would allow registered patients and caregivers to grow up to six plants, only three of which could be mature. They could possess up to five pounds of cannabis derived from those plants, which is consistent with the state\u2019s adult-use legalization law.<\/p>\n

Meanwhile, New York lawmakers recently sent a budget proposal to the governor\u2019s desk that includes provisions to\u00a0let marijuana businesses take state tax deductions<\/a>\u00a0that are available to other industries despite an ongoing federal ban on cannabis. That was signed into law.<\/p>\n

Sen. Jeremy Cooney (D)\u00a0filed a standalone bill in December<\/a>\u00a0seeking a similar carve-out for the state\u2019s burgeoning cannabis market. Assemblymember Donna Lupardo (D) followed suit in her chamber. Cooney also filed a bill last month to allow regulators to\u00a0disclose certain information about cannabis licensees<\/a>\u00a0to financial institutions to promote marijuana banking.<\/p>\n

\u2014
\nMarijuana Moment is already tracking more than 1,000 cannabis, psychedelics and drug policy bills<\/a> in state legislatures and Congress this year. Patreon supporters<\/a> pledging at least $25\/month get access to our interactive maps, charts and hearing calendar so they don\u2019t miss any developments.<\/strong>
\n\"\"<\/a>
\nLearn more about our marijuana bill tracker<\/a> and become a supporter on Patreon<\/a> to get access.
\n\u2014<\/strong><\/strong><\/p>\n

As it stands, adults 21 and older can\u00a0possess and publicly consume cannabis<\/a>, as well as gift marijuana to other adults as long as they aren\u2019t being compensated. But regulators are still finalizing licensing rules, and there are currently no retailers that are authorized to sell cannabis for adult use in the state.<\/p>\n

Hochul has repeatedly emphasized her interest in\u00a0efficiently implementing the legalization law<\/a>.<\/p>\n

The governor released a State of the State book in January that called for\u00a0the creation of a $200 million public-private fund<\/a>\u00a0to specifically help promote social equity in the state\u2019s burgeoning marijuana market.<\/p>\n

That proposal was\u00a0also cited in the governor\u2019s executive budget<\/a>, which was released in January. The budget also estimated that New York stands to generate more than $1.25 billion in marijuana tax revenue over the next six years.<\/p>\n

Hochul said that while cannabis business licenses have yet to be approved since legalization was signed into law last year, the market stands to generate billions of dollars, and it\u2019s important to \u201ccreate opportunities for all New Yorkers, particularly those from historically marginalized communities.\u201d<\/p>\n

Enacting legislation that expedites licensing could help the state reduce the number of businesses that are effectively using the legal \u201cgifting\u201d provision of the state\u2019s marijuana law to give away cannabis for \u201cfree\u201d if a non-marijuana-related purchase is made.<\/p>\n

New York regulators recently\u00a0issued warnings to more than two dozen businesses<\/a>\u00a0that they allege are either illegally selling marijuana without a license or exploiting the \u201cgifting\u201d component.<\/p>\n

CCB Chair Tremaine Wright talked about the complicated legal landscape that\u2019s developed in New York as the state moves from prohibition to legalization at a community board\u00a0event<\/a> in April.<\/p>\n

She stressed that New York\u2019s marijuana law was specifically crafted with those most impacted by criminalization in mind, and so regulators are working to ensure that people who engaged in previously illegal activities and were caught up in the war on cannabis have a seat at the table in the new industry.<\/p>\n

Here are some other ways that New York lawmakers and regulators are working to promote drug policy reform as the state prepares to implement retail marijuana sales:\u00a0<\/strong><\/p>\n

The state Department of Labor separately announced in recent guidance that New York employers are no longer allowed to\u00a0drug test most workers for marijuana<\/a>.<\/p>\n

Meanwhile, a New York lawmaker introduced a bill in June that would require the state to establish an institute to\u00a0research the therapeutic potential of psychedelics<\/a>.<\/p>\n

Another state legislator filed legislation in December to\u00a0legalize psilocybin mushrooms for medical purposes<\/a>\u00a0and establish facilities where the psychedelic could be grown and administered to patients.<\/p>\n

Separately, the mayor of New York City says he\u2019s looking into the idea of authorizing marijuana to be grown in greenhouses\u00a0on the rooftops of public housing buildings<\/a>\u2014an ambitious proposal that\u2019s unlikely to sit well with the federal government, which provides funding to support the NYC Housing Authority (NYCHA).<\/p>\n

State regulators also recently asked the social media app TikTok to end its ban on advertising that involves the word \u201ccannabis\u201d<\/a> as they work to promote public education on the state\u2019s move to legalize.<\/p>\n

\n

North Carolina Medical Marijuana Legalization Bill Heads To Senate Floor Following Committee Vote<\/a><\/p>\n<\/blockquote>\n

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The post New York Marijuana Regulators Approve Rules On Packaging, Advertising And Testing As State Readies For Adult-Use Sales<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n


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