Michael Roche

Michael Roche

  585.231.1364

  mroche@hselaw.com

This LEGALcurrents is fourth in a series of alerts taking a deeper dive into each license available under New York’s Cannabis Law. We have previously covered the Cannabinoid Hemp Retailer License, the Cannabinoid Hemp Processor License, and the Cannabinoid Hemp Distributor License. Today, we address the final license available for cannabinoid hemp, the Industrial Hemp Grower License. Unlike the other licenses available for cannabinoid hemp, the Cannabis Law left the existing Industrial Hemp Grower License largely unchanged.

Rights Granted: Allows the licensee to grow hemp pursuant to a research partner agreement. If the licensee wishes to process hemp, the licensee must also apply for a Cannabinoid Hemp Processor License.

Hemp means the plant Cannabis sativa L., that has a concentration of THC of no more than 0.3% on a dry weight basis.

Requirements: The Department of Agriculture and Markets continues to emphasize the research component of the license. Accordingly, the licensee must submit regular reports regarding the status of its research.

The area where hemp is grown must satisfy certain security measures, including restricting access, posting signs, and using fixtures such as fences to prevent unauthorized persons from entering the property.

Harvested hemp must be stored in secured facilities and may be transported only in enclosed, locked trucks where the hemp is not visible from outside the vehicle and the contents are not disclosed.

License Fee: $500.

Application: The application is currently available through the New York Department of Agriculture and Markets website.

The application requires information about the applicant (e.g., name, EIN, location), the management of the applicant (e.g., name, address) and the applicant’s locations, security and marketing, research. and seed acquisition plans.

If you have any questions regarding this LEGALcurrents, please do not hesitate to contact any member of the firm’s Cannabis Law practice group at 585.232.6500 or 716.853.1616.

click here to view Cannabis Licensing: Industrial Hemp Grower License as a PDF


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