A month ago, the New York Assembly introduced a bill that would allow the “farming, production, and sale” of hemp within the state. This allowed the practices that the federal prohibitions were trying to get rid of. The bill (Assembly Bill 8334, or A8334) was introduced on August 5th by Donna Lupardo and it sets up the guidelines to effectively inculcate an industrial hemp agricultural program within New York. It reads, “industrial hemp is an agricultural product which may be grown, produced, possessed, and commercially traded in the state pursuant to the provisions of [A8334].”

Those who grow hemp, as we’ve so often seen before, would still need to follow regulations and licensing laws implemented by the legislation. Furthermore, to run an industrial hemp farm legally under the bill, cultivators would need to pass a background check and undergo fingerprint tests. If these conditions are not met, or an applicant falsifies information, they are in violation of either the A8334 or other laws of New York. The licenses would need about two to three years to take effect after they are issued.

The Commissioner of Agriculture and Markers have the responsibility of making rules to “allow for the industrial hemp to be tested during growth for tetrahydrocannabinol levels and to allow for supervision of the industrial hemp during sowing, growing season, harvest, storage and processing” under the bill. The Drug Enforcement Agency (DEA) has not allowed the hemp to be produced in the United States since the “unconstitutional federal controlled-substances act in 1970.” As the DEA notes that growing is not allowed, they except that growing may be done under a license issued by them; the only issue with that is there has only ever been one license issued by the federal government.


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