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Compiled text through Jul 31, 2022Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

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9 NYCRR 114.1 - Definitions

LawEngine holds a witnessed source copy, but later State Register activity targets this section. Inline text is withheld until the change record and source text are reconciled.

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: OCM-32-23-00031-EP · Emergency and proposed rule · Jul 27, 2023
Source snapshot: Jun 6, 2026

9 NYCRR 114.2 - Application for cannabinoid hemp processor license

LawEngine holds a witnessed source copy, but later State Register activity targets this section. Inline text is withheld until the change record and source text are reconciled.

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: OCM-32-23-00031-EP · Emergency and proposed rule · Jul 27, 2023
Source snapshot: Jun 6, 2026

9 NYCRR 114.3 - Application for cannabinoid hemp retail license

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: OCM-32-23-00031-EP · Emergency and proposed rule · Jul 27, 2023
Source snapshot: Jun 6, 2026

(a)No person shall offer or sell cannabinoid hemp products to consumers in New York State, or hold itself out as a cannabinoid hemp retailer, unless it is in compliance with article 5 of the Cannabis Law and this Part and is licensed by the office as a cannabinoid hemp retailer.

(b)An application for licensure shall be submitted to the office on a form prescribed by the office, which shall include the following:

(1)the name, address, telephone number and email address of the applicant;

(2)the physical address of any real property where the applicant intends to operate, the days and hours of operation of such retail facility, and for any online retailer, the internet address of the applicant;

(3)the name, and license number to the extent practicable, of the manufacturer, packer, distributor, or cannabinoid hemp processor, and state or country where the manufacturer, packer, or distributor is located, for all cannabinoid hemp products the applicant intends to offer for sale;

(4)a summary and description of the types and forms of cannabinoid hemp products the applicant intends to offer for sale;

(5)a statement attesting that the applicant will not sell inhalable cannabinoid hemp products or flower products to consumers under 21 years of age;

(6)a statement attesting that the applicant and those in control of the entity, meaning a person or persons that have the ability to direct the activity of the applicant or licensee, including principals, officers or others with such control, are of good moral character;

(7)a statement attesting that the applicant will comply with all applicable State and local laws and regulations relating to the activities in which it intends to engage under the license;

(8)a statement attesting that the applicant will not distribute or sell any cannabinoid hemp product in the form of an injectable, inhaler, or flower product clearly labeled or advertised for the purpose of smoking or in the form of a cigarette, cigar or pre-roll or otherwise packaged or combined with other items designed to facilitate smoking such as rolling papers or pipes, or any other disallowed form as determined by the office;

(9)proof of a certificate of authority from the New York State Department of Taxation and Finance, as applicable; and

(10)any other information as may be required by the office.

(c)All applications under this section shall be accompanied by a refundable license fee of $300 for each retail facility to be licensed by the office.

(d)Applicants shall attest to the truth and accuracy of the information contained in the application. The office, in its discretion, may reject or deny an application if it determines that information contained therein is false, inaccurate or omits a material fact.

9 NYCRR 114.4 - License issuance and denial

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: OCM-32-23-00031-EP · Emergency and proposed rule · Jul 27, 2023
Source snapshot: Jun 6, 2026

(a)An application for licensure under this Part shall only be approved by the office if:

(1)a complete application has been submitted to the office, along with all necessary fees;

(2)the application demonstrates, to the satisfaction of the office, that the applicant will operate in accordance with article 5 of the Cannabis Law and this Part;

(3)the applicant is ready, willing and able to properly carry on the activities set forth in the application; and

(4)the applicant is of good moral character.

(b)In determining whether to deny a license application, including an application for renewal, the office may consider the following factors with respect to the applicant, its owner(s) and any affiliated person, including parties with a controlling interest:

(1)false representation or omission of a material fact in filing the license application;

(2)failure to supply further information necessary to process the license application, within 30 days of the office’s written request, without satisfactory explanation;

(3)conviction of any crime or sustained charges of administrative violations of State or Federal laws, rules or regulations, related to the operation of a site growing, extracting, manufacturing or selling cannabis, hemp or cannabinoid hemp, in accordance with article 23-A of the Correction Law. Convictions qualifying for expungement pursuant to section 160.50 of the Criminal Procedure Law shall not be considered for purposes of this subdivision;

(4)a pattern of deficiencies, including but not limited to:

(i)refusal or inability to produce records or reports as requested by the office;

(ii)failure to correct deficiencies in accordance with an approved corrective action plan;

(iii)deviation from regulations or standard operating procedures so as to jeopardize the quality of hemp extract or cannabinoid hemp products; and

(iv)refusal to provide office employees with access to the premises;

(5)knowledge of sale of cannabinoid hemp products not meeting the requirements of this Part; and

(6)general failure to comply with the requirements of this Part.

(c)Denial of a license shall preclude the applicant from being licensed as a cannabinoid hemp processor or cannabinoid hemp retailer, either directly or indirectly through any other person.

(d)No license application shall be considered for any applicant who is substantially the same as an applicant who has been denied a license within six months of a determination by the office denying such application. In the event an applicant receives two successive license denials, no license application shall be considered for that applicant within two years of the last determination by the office denying a previous application.

(e)The office will prioritize applications from applicants who previously held a valid research partnership agreement with the New York State Department of Agriculture and Markets pursuant to article 29-A of the New York State Agriculture and Markets Law. All other applications will be reviewed in the order they are received by the office.

(f)For applicants seeking licensure as a cannabinoid hemp processor, the office may provisionally approve the application. Before a cannabinoid hemp processor license is issued, and the applicant can begin extracting or manufacturing, the provisionally approved applicant must first satisfy the following requirements:

(1)a copy of a certificate of occupancy, or its equivalent, demonstrating compliance with all local building codes;

(2)a copy of the approved applicant’s qualified third-party GMP certification;

(3)payment of licensure fee as follows:

(i)cannabinoid hemp processor – extraction and manufacturing: $3,500 per location; or

(ii)cannabinoid hemp processor – manufacturing only: $1,000 per location;

(4)proof of sufficient product liability insurance for all manufactured cannabinoid hemp products; and

(5)evidence, to the office’s satisfaction, that the applicant will be able to comply with this Part, which may include an onsite inspection.

(g)If a provisionally approved applicant fails to satisfy the requirements in subdivision (f) of this section within six months, the provisional approval will be revoked and the application denied; provided the applicant may request additional time and shall have the opportunity to demonstrate to the office a reasonable documented effort to complete the requirements of subdivision (f) of this section.

(h)Cannabinoid hemp processor licenses shall be valid for two years from the date of issuance of the license.

(i)A cannabinoid hemp processor seeking to terminate its license shall submit a withdrawal notice to the office at least 30 days prior to termination, along with a plan for shutting down operations at the licensed facility. Any licensing fees paid or invoiced prior to notice of withdrawal are not eligible for refund.

(j)Cannabinoid hemp retailer licenses shall be valid for one year from the date of issuance of the license.

(k)Cannabinoid hemp retailer applicants who submitted a completed application to the Department of Health on or before June 1, 2021 may sell cannabinoid hemp products at retail to consumers before having their license approved or denied by the office, provided that the cannabinoid hemp retail applicant adheres to all requirements of this Part.

9 NYCRR 114.5 - License renewal

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: OCM-32-23-00031-EP · Emergency and proposed rule · Jul 27, 2023
Source snapshot: Jun 6, 2026

(a)An application to renew any license issued under this Part shall be filed with the office not more than 90 days nor less than 30 days prior to the expiration thereof. If a renewal application is not filed at least 30 days prior to the expiration thereof, the office may determine that the license shall expire and become void on such expiration date.

(b)Renewal applications shall be accompanied by a non-refundable application fee and a refundable license fee, as follows:

(1)cannabinoid hemp processor – extraction and manufacturing: $1,000 application fee, $3,500 license fee;

(2)cannabinoid hemp processor – manufacturing only: $500 application fee, $1,000 license fee; or

(3)cannabinoid hemp retailer: $300 license fee per retail location;

(4)the license fee shall be returned if the licensee’s renewal application is not granted.

(c)The application for renewal shall be submitted to the office, in a manner prescribed by the office, and include such information as the office may require.

(d)The office shall determine whether to renew an applicant’s license based on the relevant factors in section 114.4 of this Part.

9 NYCRR 114.6 - Transferability, license amendment and change in ownership or control

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: OCM-32-23-00031-EP · Emergency and proposed rule · Jul 27, 2023
Source snapshot: Jun 6, 2026

(a)Licenses issued under this Part shall be effective only for the licensee and shall specify the following information:

(1)name of the licensee;

(2)address of the real property, or if applicable the online retailer website, where the licensed activities may take place;

(3)date of issuance;

(4)date of expiration;

(5)license number; and

(6)list of activities the licensee is permitted to perform under the license.

(b)Licenses shall not be transferable or assignable without prior written approval of the office including, without limitation, to another licensee. A change in majority ownership or controlling interest in the license or person holding the license, shall constitute a transfer of the license.

(c)To obtain approval from the office for the transfer of a license, a transferee must submit an application to the office, in a manner prescribed by the office, demonstrating an ability to operate the license in compliance with this Part, along with an application fee pursuant to section 114.2 or 114.3 of this Part.

(d)The office may deny an application for transfer of a license if the application fails to demonstrate that the transferee will comply with all of the requirements of this Part, or if the licensee has a record of poor performance, meaning 2 or more violations pursuant to section 114.17 of this Part, within the past 2 years.

(e)A licensee may amend a license to add or delete permitted activities or change the location of a licensed facility by submitting a written request to the office along with an application fee pursuant to section 114.2 or 114.3 of this Part.

(f)A request to add permitted activities shall be reviewed by the office in accordance with section 114.4 of this Part.

9 NYCRR 114.7 - Requirements for cannabinoid hemp processors

LawEngine holds a witnessed source copy, but later State Register activity targets this section. Inline text is withheld until the change record and source text are reconciled.

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: OCM-32-23-00031-EP · Emergency and proposed rule · Jul 27, 2023
Source snapshot: Jun 6, 2026

9 NYCRR 114.8 - Cannabinoid hemp product requirements

LawEngine holds a witnessed source copy, but later State Register activity targets this section. Inline text is withheld until the change record and source text are reconciled.

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: OCM-32-23-00031-EP · Emergency and proposed rule · Jul 27, 2023
Source snapshot: Jun 6, 2026

9 NYCRR 114.9 - Packaging and labeling of cannabinoid hemp products

LawEngine holds a witnessed source copy, but later State Register activity targets this section. Inline text is withheld until the change record and source text are reconciled.

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: OCM-32-23-00031-EP · Emergency and proposed rule · Jul 27, 2023
Source snapshot: Jun 6, 2026

9 NYCRR 114.10 - Laboratory testing requirements for cannabinoid hemp

LawEngine holds a witnessed source copy, but later State Register activity targets this section. Inline text is withheld until the change record and source text are reconciled.

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: OCM-32-23-00031-EP · Emergency and proposed rule · Jul 27, 2023
Source snapshot: Jun 6, 2026

9 NYCRR 114.11 - Requirements for cannabinoid hemp retailers

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: OCM-32-23-00031-EP · Emergency and proposed rule · Jul 27, 2023
Source snapshot: Jun 6, 2026

(a)Cannabinoid hemp retailers shall only sell cannabinoid hemp products manufactured, packaged, labeled and tested in accordance with this Part.

(b)Cannabinoid hemp retailers shall not offer or sell any cannabinoid hemp product clearly labeled or advertised for the purpose of smoking, or in the form of a cigarette, cigar, or pre-roll, or packaged or combined with other items designed to facilitate smoking such as rolling papers or pipes. Retailers shall have sufficient safeguards in place to verify that an individual presenting or submitting proof of age for an inhalable cannabinoid hemp product or flower product matches the identification and is 21 years of age or older.

(c)Cannabinoid hemp retailers shall post, visible to consumers, any and all signs or posted placards required by the office, including posting of the cannabinoid hemp retail license issued by the office, in a conspicuous location on the premises of each retail location.

(d)Cannabinoid hemp products shall be displayed in a manner that distinguishes them from non-cannabinoid hemp products, to aide consumers in locating cannabinoid hemp products and avoid accidental purchase or consumption.

(e)Cannabinoid hemp retailers shall maintain sufficient records of where cannabinoid hemp products were purchased from for the license period, including the name of the cannabinoid hemp processor if applicable, and the wholesaler or permitted distributor if applicable.

(f)The office may inspect any retail location offering cannabinoid hemp products. This inspection may include taking samples of cannabinoid hemp products to ensure compliance with all the requirements of this Part.

9 NYCRR 114.12 - Advertising requirements

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: OCM-32-23-00031-EP · Emergency and proposed rule · Jul 27, 2023
Source snapshot: Jun 6, 2026

(a)An advertisement for a cannabinoid hemp product, cannabinoid hemp processor or cannabinoid hemp retailer shall not:

(1)make any false or misleading claims or statements;

(2)contain claims that cannabinoid hemp or a cannabinoid hemp product can, or is intended to, diagnose, cure, mitigate, treat, or prevent disease;

(3)lead a reasonable person to believe that a cannabinoid hemp product is cannabis, marihuana, medical cannabis, or medical marihuana, or that a licensee is authorized to sell or dispense cannabis, marihuana, medical cannabis, or medical marihuana, as those terms are defined in Section 3 of the Cannabis Law and Article 33 of the Public Health Law;

(4)have the purpose or effect of targeting or appealing to anyone under 21 years of age for inhalable cannabinoid hemp products or flower product. The use of images of children or minors consuming the product and the use of words, a design or brand that resembles a product that is commonly associated with children or minors or marketed to children or minors, is prohibited.

9 NYCRR 114.13 - New York hemp product

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: OCM-32-23-00031-EP · Emergency and proposed rule · Jul 27, 2023
Source snapshot: Jun 6, 2026

(a)A New York hemp product is a cannabinoid hemp product exclusively grown in New York State and processed in New York State by processors that are licensed under this Part and that demonstrate compliance with all requirements enumerated by the office.

(b)The office may establish standards and requirements above and beyond those established in this Part and use such standards and requirements to certify products as New York hemp product.

(c)The office may revoke a cannabinoid hemp product’s status as certified New York hemp product, without a hearing, if it has reason to believe that such product no longer meets one or more of the standards or requirements established by the office.

(d)No cannabinoid hemp product sold in New York State may use the term “New York Hemp Product” or hold itself out as being New York hemp product, or approved or certified by the office in any way, unless such product has been certified by the office pursuant to this section, in which case the cannabinoid hemp processor and cannabinoid hemp retailer may portray such product(s) as being certified New York hemp product. A violation of this subdivision constitutes grounds for suspension or revocation of a license.

9 NYCRR 114.14 - General prohibitions

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: OCM-32-23-00031-EP · Emergency and proposed rule · Jul 27, 2023
Source snapshot: Jun 6, 2026

(a)No licensee shall engage in any activity relating to the processing, packaging, labeling manufacturing, extracting, distributing, selling or laboratory testing of cannabinoid hemp extract or cannabinoid hemp that does not comply with the requirements of article 5 of the Cannabis Law and this Part.

(b)No person shall extract hemp extract or manufacture cannabinoid hemp products in New York State unless licensed to engage in such activity by the office or otherwise authorized by the United States Food and Drug Administration.

(c)Hemp extract shall be manufactured into cannabinoid hemp product before being offered for retail sale and shall not be distributed or sold directly to consumers within the State.

(d)No cannabinoid hemp product shall be distributed or offered for retail sale in New York State unless:

(1)it complies with the processing, packaging, labeling and testing requirements pursuant to sections 114.8, 114.9 and 114.10 of this Part; and

(2)is sold by a cannabinoid hemp retailer licensed under this Part.

(e)No person shall transport hemp extract within the State, unless:

(1)it is in a fully enclosed vehicle or container; and

(2)accompanied by a manifest or proof of ownership, documenting the name, physical address, lot or batch number, certificate of analysis and license number of the originating licensed cultivator or processor, and the name and physical address of the recipient of the delivery when transporting between non-adjoining facilities. When hemp extract is being transported to a laboratory for testing, a certificate of analysis is not required to accompany the shipment.

(f)Hemp extract shall not be shipped or transported into New York State unless:

(1)it is in a fully enclosed vehicle or container;

(2)accompanied by proof of origin with a hemp cultivation or processor license number, or equivalent, from the jurisdiction of origin; and

(3)accompanied by a certificate of analysis showing that the hemp extract has a total Δ9-Tetrahydrocannabinol of no more than 3/10ths of a percent (0.3 percent).

(g)No person shall distribute cannabinoid hemp products manufactured out-of-state, to a cannabinoid hemp retailer within New York State, unless permitted pursuant to section 114.18 of this Part.

9 NYCRR 114.15 - Cannabinoid hemp processor prohibitions

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: OCM-32-23-00031-EP · Emergency and proposed rule · Jul 27, 2023
Source snapshot: Jun 6, 2026

(a)No cannabinoid hemp processor may transfer a license issued under this Part without prior written approval of the office.

(b)No cannabinoid hemp processor shall manufacture a cannabinoid hemp product that is a potentially hazardous food, as defined by section 14-1.31 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

(c)No cannabinoid hemp processor may conduct final product testing for the licensee’s own products to meet the testing requirements of section 114.10 of this Part. Nothing in this Part prohibits a cannabinoid hemp processor from performing internal testing for research and product development or for quality assurance prior to final product testing by a third-party laboratory.

(d)No cannabinoid hemp processor may sell cannabinoid hemp products to consumers for final retail sale without first obtaining a cannabinoid hemp retail license.

(e)No cannabinoid hemp processor shall sell hemp extract to anyone in New York State, unless such person is licensed as a cannabinoid hemp processor under this Part, registered as a registered organization under section 3365 of the Public Health Law or article 3 of the Cannabis Law.

9 NYCRR 114.16 - Cannabinoid hemp retailer prohibitions

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: OCM-32-23-00031-EP · Emergency and proposed rule · Jul 27, 2023
Source snapshot: Jun 6, 2026

(a)No cannabinoid hemp retailer shall offer or sell cannabinoid hemp products in the form of an inhalable cannabinoid hemp product or flower product to anyone under 21 years of age.

(b)No cannabinoid hemp retailer shall sell a cannabinoid hemp product that is a potentially hazardous food, as defined by section 14-1.31 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

(c)Cannabinoid hemp retailers shall only offer and sell cannabinoid hemp products that meet all of the standards and requirements of sections 114.8, 114.9 and 114.10 of this Part.

(d)Cannabinoid hemp retailers shall not offer or sell any cannabinoid hemp product to be added to food or other consumable products at the point of sale.

9 NYCRR 114.17 - Penalties

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: OCM-32-23-00031-EP · Emergency and proposed rule · Jul 27, 2023
Source snapshot: Jun 6, 2026

(a)Licensees under this Part shall comply with all applicable laws, rules and regulations as it relates to such licensure.

(b)Failure to comply with a requirement of article 5 of the Cannabis Law or this Part may be punishable by a civil penalty, as follows:

(1)a fine of up to $1,000 for a first violation;

(2)a fine up to $5,000 for a second violation within 3 years; or

(3)a fine up to $10,000 for a third violation and each subsequent violation thereafter, within a 3 year period.

(c)Where a licensee willfully violates, refuses or neglects to comply with one or more sections of this Part, the office may limit, suspend, revoke or annul a license after providing notice and an opportunity for a hearing to the licensee. However, a license may be temporarily limited, suspended, revoked or annulled without a hearing for a period not to exceed 30 days, upon notice to the licensee, following a finding by the office that the public health, safety or welfare is in imminent danger.

(d)A licensee who negligently violates this Part three times in a five-year period shall be ineligible to process or sell cannabinoid hemp for a period of five years beginning on the date of the third violation. The office, for good cause shown, may choose to impose a lesser penalty.

9 NYCRR 114.18 - Cannabinoid hemp permits

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: OCM-32-23-00031-EP · Emergency and proposed rule · Jul 27, 2023
Source snapshot: Jun 6, 2026

(a)The office may issue cannabinoid permits expressly authorizing a permittee to conduct one or more of the following activities:

(1)distribute cannabinoid hemp products manufactured out-of-state, to cannabinoid hemp retailers within New York State;

(2)deliver cannabinoid hemp products from a cannabinoid hemp retailer to consumers;

(3)sell at retail cannabinoid hemp products for a limited duration;

(4)continue operations for persons holding a valid CBD processor research partnership agreement with the New York State Department of Agriculture and Markets pursuant to article 29-A of the New York State Agriculture and Markets Law;

(5)any other activity as determined by the Cannabis Control Board.

(b)Applicants for a cannabinoid hemp permit must apply on a form prescribed by the office and submit a $100 application fee and permit fee as may be set by the office.

(c)Permits issued pursuant to this section shall be valid for one year from the date of issuance, unless the office prescribes a shorter time period for expiration.

9 NYCRR 114.19 - Severability

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: OCM-32-23-00031-EP · Emergency and proposed rule · Jul 27, 2023
Source snapshot: Jun 6, 2026

The provisions of this Part are severable. If any provision of this Part is found to be invalid, or if any application of this Part to any person or circumstance is found to be invalid, the invalidity shall not affect any other provisions or applications which can be given effect without the invalid provision or application.

9 NYCRR 114.20 - Incorporation by reference

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: OCM-32-23-00031-EP · Emergency and proposed rule · Jul 27, 2023
Source snapshot: Jun 6, 2026

The provisions of the Code of Federal Regulations which have been incorporated by reference in this Part have been filed in the Office of the Secretary of State of the State of New York, the publication so filed being the booklet entitled: Code of Federal Regulations, Title 21, Parts 101, 111, and 117, revised as of April 1, 2012, June 25, 2007, and January 1, 2019 respectively, published by the Office of the Federal Register, National Archives and Records Administration. The regulations incorporated by reference may be examined at the Records Access Office, New York State Office of Cannabis Management, Harriman State Office Building Campus, Albany, New York, 12207 or can be directly obtained from the Superintendent of Documents, US Government Printing Office, Washington, D.C. 20402.

9 NYCRR 114.21 - Effective date

Later Register activity found — review the notice before relying on the compiled text.

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Dates and status

Compiling agency: Executive Department
Text status: Westlaw Inline Boundary Correction
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: OCM-32-23-00031-EP · Emergency and proposed rule · Jul 27, 2023
Source snapshot: Jun 6, 2026

(a)The provisions of this Part are effective upon publication in the State Register; provided, however, that sections 114.9 and 114.10 of this Part shall not become effective until April 25, 2021.

(b)Notwithstanding subdivision (a) of this section, a licensed cannabinoid hemp retailer may continue to possess, transport, and sell cannabinoid hemp products in the retailer’s inventory before the effective date of this Part, unless the cannabinoid hemp product:

(1)is unsafe for consumption based on the presence or quantity of heavy metals, pesticides, harmful microorganisms, or residual solvents;

(2)has a Δ-9 tetrahydrocannabinol concentration of more than 0.3 percent;

(3)is a flower product clearly labeled or advertised for the purpose of smoking or in the form of a cigarette, cigar or pre-roll or otherwise packaged or combined with other items designed to facilitate smoking such as rolling papers or pipes; or

(4)contains or was manufactured with Δ8-tetrahydrocannabinol or Δ10-tetrahydrocannabinol created through isomerization.

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