New York 2025-2026 Regular Session

New York Senate Bill S05809

Introduced
3/3/25  
Refer
3/3/25  

Caption

Provides that a retailer licensed by the office of cannabis management shall be permitted to sell any and all forms of cannabinoid hemp.

Summary

This bill would amend New York’s cannabis law to expand what licensed retailers may sell by expressly allowing the sale of “any and all forms of cannabinoid hemp” beginning January 1, 2026, so long as the products meet statutory requirements. It also directs the Office of Cannabis Management to repeal certain emergency regulations and declares that any current or future rules that prohibit the sale of any form of cannabinoid hemp are null and void. In addition, the bill revises definitions of THC and total THC, narrows the definition of total THC to dry-weight Delta-9 THC, and changes where cannabinoid hemp flower products intended for smoking may be sold, allowing sales to adults 21 and older rather than limiting them to adult-use cannabis dispensaries. The bill also imposes specific labeling requirements on hemp-derived cannabinoid products. These products would need a nutrition label with serving size, a warning that the product is not intended to treat or cure medical conditions and is not FDA-regulated, the amount of hemp-derived product per serving in milligrams, and the manufacturer or distributor’s address. The measure takes effect immediately, but the expanded retail sales authorization is delayed until January 1, 2026.

Impact

The bill would significantly alter the regulatory framework for cannabinoid hemp in New York by limiting the Office of Cannabis Management’s and Cannabis Control Board’s ability to restrict product forms through emergency or other rulemaking. It would broaden retail access for hemp-derived cannabinoid products, change the legal treatment of smokable hemp flower, and update statutory definitions that affect potency testing, labeling, and compliance. Retailers licensed under the cannabis law, hemp processors, manufacturers, distributors, and consumers of cannabinoid hemp products would all be affected.

Sentiment

No committee transcript or vote record is provided, so there is no direct evidence of debate or formal support/opposition in the materials supplied. Based on the bill text, the measure appears oriented toward expanding market access for licensed hemp retailers while preserving some consumer safety and labeling standards. The overall tone of the proposal is deregulatory with targeted product-safety requirements.

Contention

The main point of contention is likely the bill’s restriction on agency authority: it would invalidate existing and future rules that prohibit the sale of any form of cannabinoid hemp, which could draw opposition from regulators or lawmakers concerned about public health, enforcement, or product safety. Another likely issue is the treatment of smokable cannabinoid hemp flower, since the bill shifts sales to adults 21 and older and may affect the boundary between hemp and adult-use cannabis markets. Supporters would likely include hemp retailers and industry advocates seeking broader product availability, while opponents may include regulators and cannabis stakeholders concerned about market overlap and oversight.

Companion Bills

NY A04574

Same As Provides that a retailer licensed by the office of cannabis management shall be permitted to sell any and all forms of cannabinoid hemp.

Previously Filed As

NY A04574

Provides that a retailer licensed by the office of cannabis management shall be permitted to sell any and all forms of cannabinoid hemp.

NY AB8

Cannabis: cannabinoids: industrial hemp.

NY HB51

Relative to hemp-derived cannabinoids and the definition of cannabis in therapeutic cannabis.

NY HB445

Cannabinoids found in hemp; licensure and regulation of sale of consumable cannabinoid products by Alcoholic Beverage Control Board imposed

NY SB3206

Relating To Cannabinoids.

NY HB346

Hemp Products & Synthetic Cannabinoids

NY S0137

Hemp-Derived Cannabinoids

NY SB00970

An Act Concerning Cannabinoids, Hemp And Hemp Products.

NY S2537

Requires registration and regulation of certain hemp-derived cannabinoids manufactured and sold in this State.

NY A4082

Requires registration and regulation of certain hemp-derived cannabinoids manufactured and sold in this State.

Similar Bills

No similar bills found.