New York Published Proposed Emergency Rules on Hemp Cultivation Licensing: What’s Going On?


By Allison Campbell On January 12, 2022, the New York Department of State’s Division of Administrative Rules published emergency regulations in the New York State Register that formally implemented the New York State Hemp Grower License program (the Grower License Program). The regulations are effective immediately. New York’s approximately 800 hemp cultivators should be aware of the new costs and administrative obligations contained in the emergency rules. While these new regulations are somewhat of a departure from the way New York hemp farmers have grown hemp in the past, the regulations prevent current hemp cultivation authorizations from lapsing and give New York hemp cultivators clear and simple guidance for operating in compliance with state and federal law. The Origins of New York Hemp Cultivation The Grower License Program is part of the New York State Hemp Program Plan (NY Hemp Plan), which the US Department of Agriculture (USDA) approved in November 2021 pursuant to the 2018 Farm Bill. The Plan went into effect on January 1, 2022. Previously, New York hemp cultivators operated under the state’s Industrial Hemp Agricultural Research Pilot Program, which was established in 2015 after the 2014 Farm Bill authorized states to conduct pilot programs to study industrial hemp for economic and agricultural purposes. The 2018 Farm Bill expanded on the 2014 Farm Bill and authorized hemp cultivation on a broader scale. The 2018 Farm Bill regulated production of hemp by allowing states and tribes to submit hemp production plans to the USDA for approval. Under the 2018 Farm Bill, if a state did not submit a plan or the USDA did not approve a plan, then hemp cultivators would obtain hemp cultivation licenses from the USDA directly. The proposed emergency regulations implement the NY Hemp Plan, giving current and new hemp growers an opportunity to cultivate hemp with a New York cultivation…

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Source : New York Published Proposed Emergency Rules on Hemp Cultivation Licensing: What’s Going On?

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