NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9140
SPONSOR: Lupardo TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to authorizing the growing of industrial hemp as part of an
agricultural pilot program
PURPOSE OR GENERAL IDEA OF BILL:
To authorize the growing of industrial hemp as part of an agricultural
pilot program conducted by the Department of Agriculture and/or an
institution f higher education pursuant to authorization under federal
law.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. outlines legislative intent.
Section 2 adds a new article 29 to the agriculture and markets law
establishing definitions, prohibitions, and regulations for the growing
of industrial hemp as part of an agricultural pilot program pursuant to
authorization under federal law.
Section 3 establishes an effective date
JUSTIFICATION:
The (federal) Agriculture Act of 2014 (Farm Bill) included a provision
to allow the cultivation of industrial hemp for research in states that
have legalized its growth. This will would allow New York State to take
advantage of this federal authorization.
Industrial hemp production would offer significant new economic opportu-
nities for New York State. Over 30 countries grow and process industrial
hemp, including Canada, Germany, England and France. Currently, in the
United States, the Controlled Substance Act makes it illegal to raise
industrial hemp (Cannabis sativa) commercially without a permit from the
Drug Enforcement Agency (DEA).
In an effort to take advantage of opportunities presented by hemp
production, ten states have now legalized its production when permitted
under federal regulations, with California being the most recent to act
in October of 2013. Many of these states are actively pursuing licensure
by the DEA. This legislation would ensure that New York was positioned
to take advantage of this new market should federal policy permit.
Industrial hemp and marijuana are both classified by taxonomists as
Cannabis saliva, a species with hundreds of varieties. C. saliva is a
member of the mulberry family. However, industrial hemp is bred to maxi-
mize fiber, seed and/or oil, while marijuana varieties seek to maximize
TI-IC (delta 9 tetrahydrocannabinol, the primary psychoactive ingredient
in marijuana), industrial hemp has a THC content of between 0.05 and 1%.
Marijuana has a THC content of 3% to 20%. Industrial hemp had numerous
uses. The major market for industrial hemp is as a food or supplement as
it is rich in protein and Omega fatty acids, and has a high fiber
content. The clothing industry also produces apparel and accessories
from industrial hemp and hemp blended fabrics. Auto manufacturers use
durable, green hemp composites and fabrics when feasible. Industrial
hemp can also be used for building materials, plant based plastics, and
paper products. Hemp can produce significantly hither yields than
competing crops, producing twice as much fiber per acre as cotton.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
TBD
EFFECTIVE DATE:
180 days after becoming law.
STATE OF NEW YORK
________________________________________________________________________
9140
IN ASSEMBLY
March 20, 2014
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to author-
izing the growing of industrial hemp as part of an agricultural pilot
program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature hereby finds and
2 declares that it is necessary to establish an agricultural pilot
3 program, as authorized under federal law, for the growing of industrial
4 hemp in the state to provide research-based knowledge that can be used
5 by farmers and businesses to develop a successful hemp industry if
6 federal authorization is granted.
7 § 2. Article 27 and sections 450, 451, 452, 453, 454 and 455 of the
8 agriculture and markets law, as renumbered by chapter 1047 of the laws
9 of 1965, are renumbered article 30 and sections 550, 551, 552, 553, 554
10 and 555 and a new article 29 is added to read as follows:
11 ARTICLE 29
12 GROWTH OF INDUSTRIAL HEMP
13 Section 505. Definitions.
14 506. Growth of industrial hemp permitted.
15 507. Prohibitions.
16 508. Regulations.
17 § 505. Definitions. As used in this article:
18 1. "Industrial hemp" means the plant Cannabis sativa L. and any part
19 of such plant, whether growing or not, with a delta-9 tetrahydrocannabi-
20 nol concentration of not more than 0.3 percent on a dry weight basis.
21 2. "Institution of higher education" means:
22 (a) any of the colleges and universities described in subdivision
23 three of section three hundred fifty-two of the education law;
24 (b) a college established and operated pursuant to the provisions of
25 article one hundred twenty-six of the education law, and providing two-
26 year or four-year post secondary programs in general and technical
27 educational subjects and receiving financial assistance from the state;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01442-02-4
A. 9140 2
1 (c) the city university of New York, as defined in subdivision two of
2 section sixty-two hundred two of the education law; and
3 (d) a not-for-profit two or four year university or college given the
4 power to confer associate, baccalaureate or higher degrees in this state
5 by the legislature or by the regents under article five of the education
6 law.
7 § 506. Growth of industrial hemp permitted. Notwithstanding any
8 provision of law to the contrary, industrial hemp is an agricultural
9 product which may be grown, produced and possessed in the state as part
10 of an agricultural pilot program pursuant to authorization under federal
11 law and the provisions of this article.
12 Notwithstanding any provision of law to the contrary restricting the
13 growing or cultivating of industrial hemp, and subject to authorization
14 under federal law, the commissioner may authorize no more than up to ten
15 sites for the growing or cultivating of industrial hemp as part of an
16 agricultural pilot program conducted by the department and/or an insti-
17 tution of higher education to study the growth and cultivation of such
18 hemp provided that the sites used for growing or cultivating industrial
19 hemp are certified by, and registered with, the department.
20 § 507. Prohibitions. The sale, distribution or export of industrial
21 hemp grown or cultivated pursuant to this article is prohibited.
22 § 508. Regulations. In cooperation with the commissioner of health and
23 the commissioner of criminal justice services, the commissioner shall
24 develop regulations consistent with the provisions of this article for
25 the approval of agricultural pilot programs for the growing and culti-
26 vation of industrial hemp, including, but not limited to:
27 (a) the authorization of any person who as part of such program may
28 acquire or possess industrial hemp or hemp seeds; and
29 (b) the disposition of industrial hemp after it has been grown or
30 cultivated and studied.
31 § 3. This act shall take effect on the one hundred eightieth day after
32 it shall have become a law; provided, however, that effective immediate-
33 ly, the addition, amendment and/or repeal of any rule or regulation
34 necessary for the implementation of this act on its effective date are
35 authorized and directed to be made and completed on or before such
36 effective date.
