New York Hemp Plan Approved By USDA

The state of New York received an end-of-year approval of its hemp plan by the United States Department of Agriculture (USDA).

New York State Agriculture Commissioner Richard A. Ball announced on December 28 that the state’s hemp program had officially received USDA approval. The New York State Department of Agriculture and Markets’ Hemp Program Plan is now accepting applications, as of January 1, 2022.

Ball stated that New York has been long been pursuing hemp as an agricultural good, and is confident that this new program will help propel the state further ahead.

“New York State has been a leader in the hemp industry since the launch of its pilot program, with producers registered to grow industrial hemp on 30,000 acres. Under this new plan, our growers will have stability and consistency in regulations moving forward, with continued guidance and support from the Department,” he said in a press release. “We look forward to continuing to administer this important program, which provides growers with an avenue to diversify crops and tap into new markets.” As of 2021, the state of New York allowed 800 registered cannabis producers to cultivate hemp.

Licensed growers who have previously participated in the state’s hemp program will need to reapply for a new license, as their old one expired on the last day of 2021. All applicants are also required to participate in the FBI Identity History Summary Check within 60 days of the submission of their application.

The initial draft of the New York State Hemp Plan was sent to the USDA in October 2021. Ball explained in his introductory letter that back in 2016, a hemp crop was harvested for the first time in over 80 years, and at the time, the state only allowed 10 growers to cultivate and harvest the herb. “It is clear that hemp production in New York State is here to stay, and we look forward to New York’s farmers realizing the full economic potential of hemp in the years to come,” he explained. “In closing, I am confident the State of New York has the necessary resources in place to administer a compliant hemp production program in New York State.”

The hemp plan address a wide variety of changes regarding the application process, grow reporting and recordkeeping, license renewal, inspections, violations and much more.

New York has progressed in a number of ways. The Office of Cannabis Management announced new rules for cannabis products in mid-December 2021, which included an increase of the CBD limitation from 75mg to 100mg, as well as an increase of THC hemp extracts from three percent to five percent. The Cannabis Control Board also removed the requirement that cannabis products must be shelf stable, which effectively opens up the industry to infused food and drinks. “These additional Cannabinoid Hemp Program regulations are the latest step in the evolution of the cannabis industry ecosystem we are building in New York State and I look forward to considering these with my colleagues on the Board at our next meeting,” said Tremaine Wright, Cannabis Control Board Chair. “Ensuring New Yorkers know they are purchasing safe, tested products while providing the industry with the tools to compete and grow is critical to its long-term success.”

The first day of the year also marked the first day going forward that New York cities can no longer opt-out of allowing adult-use dispensaries or consumption lounges. Any cities that didn’t opt-out were automatically opted in. According to Rockefeller Institute of Government “Opt-out tracker” and estimated 655 of 1,518 municipalities opted out for dispensaries, and 751 of 1,518 opted out of consumption sites (although this data is subject to changes).

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U.S. Department of Agriculture Mails Out First Ever Hemp Survey

The U.S. Department of Agriculture (USDA) has begun mailing out surveys today to all of the nation’s hemp producers, with the hope that their comments will help the agency collect data about operations and production.

The USDA’s first hemp survey, entitled the “Hemp Acreage and Production Survey,” was mailed out on October 18. It’s the first time that the agency has tried to collect data about hemp harvests. “The Hemp Acreage and Production Survey collects information on the acreage, yield, production, price, and value of hemp in the United States,” said the USDA’s National Agriculture Statistics Service (NASS).

“The Domestic Hemp Production Program established in the Agriculture Improvement Act of 2018 (2018 Farm Bill) allows for the cultivation of hemp under certain conditions. The Hemp Acreage and Production Survey will provide needed data about the hemp industry to assist producers, regulatory agencies, state governments, processors, and other key industry entities.”

The USDA sent out mailers to the country’s 20,500 producers, but those producers also have the choice to answer the survey online instead, using a 12-digit code included in their mailer. Answering the survey is required by all producers, as according to the USDA Agricultural Research Service’s Domestic Hemp Program, and it must be completed by October 25. NASS plans to review all of the submitted data and publish the results in February 2022.

“This inaugural hemp survey will establish a necessary benchmark and provide critically-needed data for the hemp industry,” said Kevin Barnes, NASS Acting Administrator. “The information collected can help inform producers’ decisions about growing, harvesting, and selling hemp as well as the type of hemp they decide to produce. The resulting data will also foster greater understanding of the hemp production landscape across regulatory agencies, producers, state and Tribal governments, processors, and other key industry entities.”

Hemp Survey Follows This Year’s New USDA Final Rule

Earlier this year on January 19, 2021, the USDA released information regarding its final rule on hemp production, after two years of discussion. The rule took effect on March 22, 2021, and amended key text in the original 2018 Farm Bill. These new rules include:

  1. The 0.3 percent THC limitation where product that is less than one percent is no longer considered “negligent.”
  2. The immediate destruction of hemp that does not meet the 0.3 percent THC requirement to include composting, burial or burning.
  3. Hemp testing to be conducted by DEA-registered facilities after December 31, 2022, (when more facilities become available to serve the national demand).
  4. Hemp samples will be gathered 30 days after harvest (previously it was 15 days).
  5. The allowance of a performance-based sampling approach.
  6. Tribes may invoke their jurisdiction on their territory.

Two years was a lengthy amount of time to finalize these rules, but many industry members agreed it was necessary in order to establish properly researched hemp farming regulations. “It’s a process, like anything else, to legalize a new market while making sure all foreseeable hiccups are addressed at the onset of a harvest,” said Michelle Donovan, senior counsel at law firm Clark Hill. AJ Payack, the president of Vermont Organic Science, agreed that the rules will pave the way for the hemp industry.

“It’s about time that the USDA released rules for the hemp space,” said Payack. “There will be extreme testing that needs to be done on CBD products for GMP compliance.  While I don’t necessarily think that’s a bad thing companies are going to need a lot of capital for GMP compliance.”

Meanwhile, hemp continues to be a focus for research, growth and progress. Oregon State University recently received a $10 million grant from the U.S. Department of Agriculture last week. California Governor Gavin Newsom signed Assembly Bill 45 on October 6, establishing a framework for the manufacturing and sale of hemp products such as smokable hemp, and infused foods and drinks, which went into effect immediately. In August, a Texas judge ruled the ban on smokable hemp as unconstitutional.

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Friday, September 18, 2020 Headlines | Marijuana Today Daily News

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// Vermont Bill To Legalize Marijuana Sales One Step Away From Governor’s Desk After House Vote (Marijuana Moment)

// Marijuana vape firms say one year after vaping crisis customers turning to legal suppliers over illicit market (Marijuana Business Daily)

// ‘If someone with experience can’t get this license who can?’ Illinois Governor’s team to meet with critics of marijuana licensing process (Chicago Tribune)


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// Trulieve forks out $66 million for two Pennsylvania medical cannabis firms (Marijuana Business Daily)

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// Slim Majority Of Arizona Voters Support Marijuana Legalization Ballot Measure, New Poll Finds (Marijuana Moment)

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Friday, September 4, 2020 Headlines | Marijuana Today Daily News

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Friday, September 4, 2020 | Curated by host Shea Gunther

// Pennsylvania Governor Slams GOP Lawmakers For Not Legalizing Marijuana (Marijuana Moment)

// California city rejects MedMen application for cannabis store license (Marijuana Business Daily)

// 4% of Canadian cannabis licensees Indigenous-affiliated with systemic barriers ‘baked into system’ (Marijuana Business Daily)


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Thursday, August 20, 2020 Headlines | Marijuana Today Daily News

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// Canada accused of cannabis ‘protectionism’ by blocking imports – even as exports soar (Marijuana Business Daily)

// USDA Asks Six States To Resubmit Hemp Regulatory Plans With Federal Edits In Mind (Marijuana Moment)

// Vermont Marijuana Sales Legalization Bill Caught Up In Spat Over Seat Belt Provision (Marijuana Moment)


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Thursday, August 13, 2020 Headlines | Marijuana Today Daily News

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// Trulieve’s Revenue Keeps Climbing As Company Increases Guidance (Green Market Report)

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// ‘It’s not cannabis’: Alta. farmer hopes to nip hemp stealing in the bud (CTV News)

// Fyllo Raises $10 Million To Expand Beyond Cannabis (Green Market Report)

// Oklahoma medical marijuana sales on pace to double 2019 numbers (Marijuana Business Daily)

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Tuesday, August 11, 2020 Headlines | Marijuana Today Daily News

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// Mass. regulators release 619,000 aging marijuana vapes for sale despite lead contamination concerns (Boston Globe)

// Top Senate Democrat Pushes USDA To Delay Hemp Rules Until 2022 (Marijuana Moment)

// A man who was sentenced to life in prison for selling $30 of marijuana will be freed (CNN)


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// Arizona adult-use marijuana initiative wins key legal battle (Marijuana Business Daily)

// Canopy Growth Still Reporting Elevated Losses (Green Market Report)

// Tilray Q2 Cannabis Revenue Slips 2% From Q1 to $30.2 Million (New Cannabis Ventures)

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// Vermont Democrats Call For Decriminalizing Drugs And Legalizing Marijuana Sales In Draft 2020 Platform (Marijuana Moment)

// USDA approves hemp plans for Maryland and Lower Sioux tribe (Hemp Industry Daily)

// Former Tribune publisher Tony Hunter to head McClatchy newspaper chain (Robert Feder)


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Tuesday, January 28, 2020 Headlines | Marijuana Today Daily News

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// Confiscated California vape pens contained dangerous additives, regulators say (USA Today)

// Mexico’s President Says A New Marijuana Panel Will Make Legalization Recommendations (Marijuana Moment)

// Arizonans spent more than $500M on medical marijuana in 2019 as legalization proposal attracts more donations (AZ Central)


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// USDA Approves Hemp Plans For Texas, Nebraska, And Delaware (Marijuana Moment)

// Cannabis REIT Adds Cresco Labs Ohio Cultivation Facility to Its Portfolio (New Cannabis Ventures)

// Maine’s marijuana market in legislative spotlight (Portland Press Herald)

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// Vermont Governor ‘At The Table’ On Marijuana Legalization Talks, Top Lawmaker Says (Marijuana Moment)

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Friday, February 21, 2020 Headlines | Marijuana Today Daily News

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// New Hampshire House Approves Marijuana Legalization Bill (Marijuana Moment)

// Kentucky House Approves Medical Marijuana Legalization Bill (Marijuana Moment)

// USDA Approves Hemp Plans For Washington State And Wyoming (Marijuana Moment)


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Tuesday, March 10, 2020 Headlines | Marijuana Today Daily News

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// Lawmakers strip secrecy and extraction rules out of marijuana bill (Portland Press Herald)

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