Simon Malinowski
Persevering with our sequence on New York’s hashish guidelines and rules, we’re breaking down every little thing it’s essential learn about New York’s hashish processor licenses (try our different posts within the sequence here, here, here, and here). As a result of there may be a lot info packed into the regs, we’re doing this FAQ fashion.
What are the processor license sorts?
There are a number of completely different processor license sorts, which will be mixed with a cultivation and/or distribution license. The processor license sorts are:
- Extraction
- Mixing and infusing
- Packaging and labeling
- Branding, together with for the unique efficiency of white labeling agreements
What are processor licensees approved to do?
All processor licensees are approved to amass, possess, and promote hashish from a licensed cultivator to duly licensed processors and distributors. These are the allowable hashish product sorts:
- Topicals
- Edibles (offered that the edible shouldn’t be in a s form thought-about engaging to people below 21 years previous). Edibles embrace:
- Gummies
- Capsules
- Drinks
- Tablets
- Tinctures
- Baked items
- Sweets
- Vape cartridges or single-use pens
- Concentrates, similar to shatters, waxes and resin
- Hashish flower merchandise, together with complete flower, floor flower, shake and pre-rolls
- Hashish extracts for middleman sale
- Different merchandise which can be submitted to the OCM for approval
The rules prohibit quite a few product sorts:
- Merchandise that include liquor, wine, beer, cider or another alcoholic beverage
- Merchandise that include tobacco or nicotine
- Merchandise that exceed the utmost THC per serving and per bundle limits
- Merchandise which can be engaging to people below 21 years previous
- Merchandise that include artificial cannabinoids
- Merchandise that include artificially derived phytocannabinoids
- Merchandise that require manufacturing below sterile circumstances
- Merchandise which can be thought-about probably hazardous meals
- Merchandise that include any non-phytocannabinoid ingredient that will increase efficiency, toxicity or addictive potential, or that might create an unsafe mixture with different psychoactive substances (the rules expressly carve out merchandise that include naturally occurring caffeine, similar to espresso, tea or chocolate
- Merchandise which can be manufactured by utility of phytocannabinoid focus or extract to commercially obtainable sweet or snack meals objects with out additional processing the product
- Merchandise which can be within the form of, or imprinted with the form of a human being, animal, insect or fruit, or is in any other case engaging to people below 21 years previous
- Merchandise within the type of an injectable, inhaler, suppository, transdermal formulation, or another kind not permitted by the OCM, together with a kind allowed solely for medical hashish use
So there are most THC ranges (you had been studying rigorously!)?
Sure! If the merchandise is in an orally ingestible kind, the utmost efficiency is 10 mgs of complete THC per serving and 100 mgs complete THC per bundle. Tinctures should adjust to the ten mg THC per serving restrict, however can have as much as 1,000 mg complete THC per bundle.
Can I apply for different licenses?
Sure, a processor license and one distributor license. A processor or its true events in curiosity (TPIs) can be TPIs of a cultivator, distributor, cooperative, microbusiness, or ROND license.
Non-ownership pursuits (i.e., landlords, financiers, or items and companies suppliers) are permitted for processor licensees, however no direct or direct pursuits are permitted for retail dispensaries, on-site consumption, supply, ROD, ROS, or hashish laboratory licensee or permittees.
What are the license charges?
It is determined by the processor license kind:
- For extraction, infusing and mixing, and packaging, labeling and branding, the license payment is $7,000 per processing premises.
- For infusing and mixing, and packaging, labeling and branding, the license payment is $4,000 per processing premises.
- For packaging, labeling and branding, together with for the unique efficiency of a white labeling settlement, the payment is $2,000 per processing premises, offered that if the applying is a part of an utility for a Tier 1 or Tier 2 Cultivation license of any cultivation kind, the license payment is $500.
The rest I ought to know?
Processors are allowed to course of hashish grown by a licensed cultivator with out taking possession of the hashish. Branding or white labeling agreements with a licensee’s TPIs or one other licensee is allowed, so long as the licensee shouldn’t be in any other case prohibited by the rules.
Given the several types of processing licenses, it is very important notice {that a} processor is simply permitted to conduct the actions listed on its utility (or any amendments) as permitted by the OCM.
Conditional processors that stay are in “good standing” with OCM can apply and pay for a full processor license, and the OCM is required to provide precedence to such purposes (together with an utility so as to add a distribution license).
Along with these “common” utility and operational guidelines, the rules embrace a slew of producing and actual property necessities, which we are going to dive into in later posts. As for all of our summaries of the adult-use guidelines and rules, that is solely a high-level abstract. We, as all the time, strongly advise that anybody who intends to use for a hashish processor license seek the advice of with a educated, native hashish legal professional. Keep tuned for the subsequent publish in our sequence on New York’s adult-use hashish guidelines and rules!
