The New York State Department of Health has launched the Cannabinoid Hemp (e.g., CBD) Retail License Application and Distributor Permit Application on January 25, 2021.

A business selling cannabinoid hemp products in the state of New York must first obtain a Cannabinoid Hemp Retail License before selling cannabinoid hemp products to consumers. Cannabinoid hemp products include many CBD products available for purchase today, including tinctures, oils, topicals, pills, capsules and food or beverages that are intended for human consumption or application, for their cannabinoid content (note, no flower yet).

Additionally, distributors of cannabinoid hemp products manufactured outside of New York State, to be sold for the purpose of resale to licensed Cannabinoid Hemp Retailers within New York State, must obtain a Cannabinoid Hemp Distributor Permit to conduct this activity.

Cannabinoid Hemp Retail Licensees and Distributor Permit holders may only sell cannabinoid hemp products that meet the regulatory standards of the New York State program.

Here is the link to apply for these permits online. Of course, please contact us if you need assistance.

The Department is not currently accepting applications for Cannabinoid Hemp Processor Licenses as they are under development. The Department has issued proposed regulations to implement this program and will be sharing more information as it becomes available. The proposed regulations and helpful FAQ’s about the Cannabinoid Hemp Program can be found here.

Note, the current proposed amendment to the NYS Health law (“Part 1005 to Title 10 NYCRR (Cannabinoid Hemp)“) does not include flower products.  Under the proposed NY Senate Bill S854 (2021-2022 Legislative Session) – “Marihuana Regulation and Taxation Act” (the “MRTA”, released Jan 6, 2021)  flower products are contemplated and governed by the anticipated “Cannabis Control Board” (CCB) (instead of the health department).  Hopefully, the CCB will be also in charge of cannabinoid hemp products, and perhaps flower cannabinoid hemp products will be permitted as well.

**This post is for informational purposes only, For legal advice, contact a Cannabis Business Lawyer**

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