NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9140
SPONSOR: Lupardo
 
TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to authorizing the growing of industrial hemp as part of an
agricultural pilot program
 
PURPOSE OR GENERAL IDEA OF BILL:
To authorize the growing of industrial hemp as part of an agricultural
pilot program conducted by the Department of Agriculture and/or an
institution f higher education pursuant to authorization under federal
law.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. outlines legislative intent.
Section 2 adds a new article 29 to the agriculture and markets law
establishing definitions, prohibitions, and regulations for the growing
of industrial hemp as part of an agricultural pilot program pursuant to
authorization under federal law.
Section 3 establishes an effective date
 
JUSTIFICATION:
The (federal) Agriculture Act of 2014 (Farm Bill) included a provision
to allow the cultivation of industrial hemp for research in states that
have legalized its growth. This will would allow New York State to take
advantage of this federal authorization.
Industrial hemp production would offer significant new economic opportu-
nities for New York State. Over 30 countries grow and process industrial
hemp, including Canada, Germany, England and France. Currently, in the
United States, the Controlled Substance Act makes it illegal to raise
industrial hemp (Cannabis sativa) commercially without a permit from the
Drug Enforcement Agency (DEA).
In an effort to take advantage of opportunities presented by hemp
production, ten states have now legalized its production when permitted
under federal regulations, with California being the most recent to act
in October of 2013. Many of these states are actively pursuing licensure
by the DEA. This legislation would ensure that New York was positioned
to take advantage of this new market should federal policy permit.
Industrial hemp and marijuana are both classified by taxonomists as
Cannabis saliva, a species with hundreds of varieties. C. saliva is a
member of the mulberry family. However, industrial hemp is bred to maxi-
mize fiber, seed and/or oil, while marijuana varieties seek to maximize
TI-IC (delta 9 tetrahydrocannabinol, the primary psychoactive ingredient
in marijuana), industrial hemp has a THC content of between 0.05 and 1%.
Marijuana has a THC content of 3% to 20%. Industrial hemp had numerous
uses. The major market for industrial hemp is as a food or supplement as
it is rich in protein and Omega fatty acids, and has a high fiber
content. The clothing industry also produces apparel and accessories
from industrial hemp and hemp blended fabrics. Auto manufacturers use
durable, green hemp composites and fabrics when feasible. Industrial
hemp can also be used for building materials, plant based plastics, and
paper products. Hemp can produce significantly hither yields than
competing crops, producing twice as much fiber per acre as cotton.
 
PRIOR LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
180 days after becoming law.