Current through Register Vol. 46, No. 52, December 24, 2024
(a) No person or entity shall sell, which
shall have the same meaning as the definition of "sale" pursuant to subdivision
(j) of section
492 of the Tax Law, medical or adult-use
cannabis clones, seedlings, immature cannabis plants, cloned propagation
material, or tissue culture, to consumers for personal home cultivation unless
it has complied with the Cannabis Law, this Part, any other applicable federal
law, rules or regulation, which shall not be construed as to include any such
federal law, rules or regulation that is contrary to or otherwise conflicts
with this Part or the Cannabis Law, or any state rules, regulations, and laws,
and is a registered organization registered in accordance with article 3 of the
Cannabis Law, or an adult-use retail dispensary, microbusiness, or ROD licensed
in accordance with article 4 of the Cannabis Law, that maintains an active
Nursery Dealer Certificate of Registration from the New York State Department
of Agriculture and Markets Division of Plant Industry. A ROND, licensed in
accordance with article 4 of Cannabis Law, is authorized to sell cannabis
clones, seedlings, immature cannabis plants, cloned propagation material, or
tissue culture, to consumers for personal home cultivation for medical use
purposes and will require an active Nursery Dealer Certificate of Registration
from the New York State Department of Agriculture and Markets Division of Plant
Industry if and only if the ROND is selling cannabis clones, seedlings,
immature cannabis plants, cloned propagation material, or tissue culture for
personal home cultivation for medical use that were cultivated by another
authorized licensed entity.
(b)
Prior to selling medical or adult-use cannabis for personal home cultivation,
registered organizations or adult-use retail dispensary, microbusiness, ROND,
and ROD licensees shall update standard operating procedures to include
activities related to personal home cultivation and furnish the standard
operating procedures to the office upon request.
(c) Packaging and Labeling requirements.
Notwithstanding any other law or regulation, each cannabis clone, seedling,
immature cannabis plant, cloned propagation material, tissue culture, or
package of seeds for sale shall be labeled with an unobstructed and conspicuous
label prior to being transported to the licensee authorized herein to sell to
persons for personal home cultivation or delivered to the cannabis certified
patient or consumer as follows:
(1) Labeling
shall include the following information:
(i)
strain name in bold type;
(ii)
product type (e.g., cannabis seeds, cannabis plant);
(iii) potential potency, as confirmed by
testing of the parent cannabis plant (THC:CBD levels);
(iv) date of harvest;
(v) unique identification number
(UID);
(vi) name of the entity,
licensed or registered with the office, that cultivated the cannabis;
(vii) name of the entity, licensed or
registered with the office, that sold the cannabis, if different from
nursery;
(viii) for seeds, labeling
that is consistent with the requirements of subdivisions A and C of section
137
of the Agriculture and Markets Law;
(ix) a warning to "keep out of reach of
children"; and
(x) any other
information as determined by the office.
(2) The label shall be printed on or affixed
to any package or container that is used to display the cannabis clones,
seedlings, immature cannabis plants, cloned propagation material, tissue
culture, or cannabis seed for retail sale.
(3) Packaging shall be in a manner that is
not attractive to individuals under of 21, as defined in Part 128 of this
Title, and that preserves the integrity of the cannabis. Seed packaging shall
not be plastic.
(4) Packaging and
labeling shall not contain any untruthful or misleading statements including,
but not limited to, health or benefit claims.
(d) Transport. Notwithstanding any other law
or regulation, when a registered organization, adult-use retail dispensary,
microbusiness, ROND, or ROD licensee shall transport medical or adult-use
cannabis for personal home cultivation, they shall transport in a manner
determined by the office and shall ensure that the following are provided to
the person receiving the transport or delivery:
(1) written instructions for basic care and
environmental considerations for the plants (light, water, temperature
controls) and the method for destruction if necessary, such as if the plants
develop disease or die; and
(2) a
document signed by a duly authorized representative from the registered
organization, adult-use retail dispensary, microbusiness, ROND, or ROD licensee
attesting that only pesticides that are registered by the New York State
Department of Environmental Conservation or that specifically meet the United
States Environmental Protection Agency registration exemption criteria for
Minimum Risk Pesticides, and only in accordance with subdivision (b) of section
325.2 of Title 6 of the NYCRR have
been used.
(e) Storage.
Notwithstanding any other law or regulation, all medical and adult-use cannabis
clones, seedlings, immature cannabis plants, cloned propagation material,
tissue culture, or cannabis seeds intended for the cultivation of cannabis for
personal medical or adult-use shall be:
(1)
stored in a secure area or location, accessible to the minimum number of
employees essential for efficient operation, to prevent diversion, theft or
loss, within the:
(i) registered
organization;
(ii) adult-use
dispensary;
(iii)
microbusiness;
(iv) ROND;
or
(v) ROD; and
(2) stored in such a manner as to
protect against physical, chemical and microbial contamination and
deterioration.
(f) Sales
of medical and adult-use cannabis for personal home cultivation. A registered
organization, adult-use retail dispensary, microbusiness, ROND, or ROD
licensees shall:
(1) only conduct sales of
medical and adult-use cannabis for personal home cultivation at a registered
organization, adult-use retail dispensary, microbusiness, ROND, or ROD licensed
premises authorized by the office or via delivery, if the licensee is
authorized for delivery of cannabis to certified patients or consumers, by
registered organization employees, adult-use retail dispensary employees,
microbusiness employees, ROND employees, or ROD employees, all of whom shall be
21 years of age or older, to persons 21 years of age or older;
(2) sell or store immature plants only in
quantities determined by the office;
(3) provide persons purchasing medical or
adult-use cannabis clones, seedlings, immature cannabis plants, cloned
propagation material, tissue culture, or cannabis seeds for personal home
cultivation with a safety insert at the time of sale. The safety insert shall
include the following information:
(i) the
medical or adult-use cannabis strain and potential potency;
(ii) information about
contraindications;
(iii) warning of
adverse effects and/or any potential dangers stemming from the use of medical
or adult-use cannabis;
(iv)
instructions for reporting serious adverse events, as that term is defined in
section 113.1 of this Chapter;
(v) a warning about driving and operation of
mechanical equipment while under the influence of medical or adult-use
cannabis;
(vi) information on
tolerance, dependence and withdrawal, and substance use, how to recognize what
may be problematic usage of medical or adult-use cannabis and how to obtain
appropriate services or treatment;
(vii) language stating medical or adult-use
cannabis clones, seedlings, immature cannabis plants, cloned propagation
material, tissue culture, or cannabis seeds intended for personal home
cultivation must be kept secure and out of reach of children;
(viii) language stating that the person shall
not sell, which shall have the same meaning as the definition of "sale"
pursuant to subdivision (j) of section
492 of the Tax Law, give, transfer, or
distribute any medical or adult-use cannabis cultivated on the grounds of or in
the private residence of such person for compensation or other remuneration to
any other person;
(ix) for medical
cannabis, language stating that the certified patient, or designated caregiver,
may not distribute medical cannabis to anyone else;
(x) for adult-use cannabis, language stating
that the person may not give, transfer, or distribute more than three ounces of
cannabis and 24 grams of concentrated cannabis of the adult-use cannabis
cultivated on the grounds of or in the private residence of such person to any
other person;
(xi) language stating
that unwanted, excess, or contaminated medical or adult-use cannabis must be
disposed of in a manner that makes it nonrecoverable beyond reclamation, except
for stalks, stems, fan leaves, root balls, and soil media;
(xii) language stating that medical or
adult-use cannabis for personal home cultivation is not required to be, and has
not been, safety compliance tested; and
(xiii) any other information as determined by
the office.
(g) Reporting and recordkeeping.
Notwithstanding any other law or regulation, registered organizations,
adult-use retail dispensary, microbusiness, ROND, or ROD licensees shall
perform seed to sale tracking of cannabis clones, seedlings, immature cannabis
plants, cloned propagation material, tissue culture, or cannabis seeds for
personal home cultivation and submit seed to sale data from the registered
organization, adult-use retail dispensary, microbusiness or ROND, or ROD
licensee's system of record to the office in a format as determined by the
office.
(h) Returns, complaints and
serious adverse events.
(1) Medical or
adult-use cannabis clones, seedlings, immature cannabis plants, cloned
propagation material, tissue culture, or cannabis seeds returned to the
licensee authorized herein to sell to persons for personal home cultivation,
where it was sold, shall be securely stored separate from working inventory
while awaiting disposal and disposed of as determined by the office.
(2) Registered organizations, adult-use
retail dispensary, microbusiness, ROND, and ROD licensees shall notify the
office within twenty-four (24) hours of the following:
(i) any serious adverse events that the
registered organization, adult-use retail dispensary, microbusiness, ROND, or
ROD licensee are made aware of;
(ii) any incident involving theft, loss or
possible diversion of medical or adult-use cannabis;
(iii) any suspected or known security breach
or other facility event that may compromise public health or safety, or which
requires response by public safety personnel or law enforcement;
(iv) any vehicle accidents or incidents
occurring during transport of medical or adult-use cannabis.
(3) Within ten (10) days of the
occurrence of one or more of the events in paragraph (2) of this subdivision,
the registered organization, adult-use retail dispensary, microbusiness, ROND,
or ROD licensee shall submit a complete written incident report to the office
detailing the circumstances of the event, any corrective actions taken, and
where applicable, confirmation that appropriate law enforcement authorities
were notified.
(4) Quarantine any
lot of medical and adult-use cannabis returned or as directed by the office,
and not transport, distribute, dispense or destroy such lot unless prior
approval is obtained from the office.
(5) Submit medical and adult-use cannabis,
samples and manufacturing materials to the office upon request.
