§ 90 — Definitions

§ 90. Definitions. As used in this article, the following terms shall\nhave the following meanings, unless the context clearly requires\notherwise:\n 1. "Cannabinoid" means the phytocannabinoids found in hemp and does\nnot include synthetic cannabinoids as that term is defined in\nsubdivision (g) of schedule I of section thirty-three hundred six of the\npublic health law.\n 2. "Cannabinoid hemp" means any hemp and any product processed or\nderived from hemp, that is used for human consumption provided that when\nsuch product is packaged or offered for retail sale to a consumer, it\nshall not have a concentration of more than three tenths of one percent\ndelta-9 tetrahydrocannabinol.\n 3. "Used for human consumption" means intended by the manufacturer or\ndistributor to be: (a) used for human consumption for its cannabinoid\ncontent; or (b) used in, on or by the human body for its cannabinoid\ncontent.\n 4. "Hemp" means the plant Cannabis sativa L. and any part of such\nplant, including the seeds thereof and all derivatives, extracts,\ncannabinoids, isomers, acids, salts, and salts of isomers, whether\ngrowing or not, with a delta-9 tetrahydrocannabinol concentration (THC)\nof not more than three-tenths of a percent on a dry weight basis. It\nshall not include "medical cannabis" as defined in section three of this\nchapter.\n 5. "Hemp extract" means all derivatives, extracts, cannabinoids,\nisomers, acids, salts, and salts of isomers derived from hemp, used or\nintended for human consumption, for its cannabinoid content, with a\ndelta-9 tetrahydrocannabinol concentration of not more than an amount\ndetermined by the board in regulation. For the purpose of this article,\nhemp extract excludes (a) any food, food ingredient or food additive\nthat is generally recognized as safe pursuant to federal law; or (b) any\nhemp extract that is not used for human consumption. Such excluded\nsubstances shall not be regulated pursuant to the provisions of this\narticle but are subject to other provisions of applicable state law,\nrules and regulations.\n 6. "License" means a license issued pursuant to this article.\n 7. "Cannabinoid hemp processor license" means a license granted by the\nboard to process, extract, pack or manufacture cannabinoid hemp or hemp\nextract into products, whether in intermediate or final form, used for\nhuman consumption.\n 8. "Processing" means extracting, preparing, treating, modifying,\ncompounding, manufacturing or otherwise manipulating cannabinoid hemp to\nconcentrate or extract its cannabinoids, or creating product, whether in\nintermediate or final form, used for human consumption. For purposes of\nthis article, processing does not include: (a) growing, cultivation,\ncloning, harvesting, drying, curing, grinding or trimming when\nauthorized pursuant to article twenty-nine of the agriculture and\nmarkets law; or\n (b) mere transportation, such as by common carrier or another entity\nor individual.\n 9. "Cannabinoid hemp flower" means the flower of the plant Cannabis\nsativa L. that has been harvested, dried, and cured, with a delta-9\ntetrahydrocannabinol concentration of not more than three-tenths of one\npercent, on a dry weight basis, prior to any processing.\n 10. "Cannabinoid hemp flower product" means cannabinoid hemp flower\nthat has been minimally processed consistent with the requirements of\nthis article, intended for retail sale to consumers.\n