Persevering with our sequence on New York’s hashish guidelines and rules, we’re breaking down all the pieces it’s essential to learn about New York’s hashish processor licenses (take a look at our different posts within the sequence right here, right here, right here, and right here). As a result of there’s a lot data packed into the regs, we’re doing this FAQ model.
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 licensed to do?
All processor licensees are licensed to accumulate, possess, and promote hashish from a licensed cultivator to duly licensed processors and distributors. These are the allowable hashish product sorts:
- Topicals
- Edibles (supplied that the edible just isn’t in a s form thought-about engaging to people below 21 years previous). Edibles embrace:
- Gummies
- Capsules
- Drinks
- Tablets
- Tinctures
- Baked items
- Candies
- Vape cartridges or single-use pens
- Concentrates, equivalent to shatters, waxes and resin
- Hashish flower merchandise, together with entire flower, floor flower, shake and pre-rolls
- Hashish extracts for middleman sale
- Different merchandise which are submitted to the OCM for approval
The rules prohibit quite a few product sorts:
- Merchandise that comprise liquor, wine, beer, cider or another alcoholic beverage
- Merchandise that comprise tobacco or nicotine
- Merchandise that exceed the utmost THC per serving and per bundle limits
- Merchandise which are engaging to people below 21 years previous
- Merchandise that comprise artificial cannabinoids
- Merchandise that comprise artificially derived phytocannabinoids
- Merchandise that require manufacturing below sterile situations
- Merchandise which are thought-about doubtlessly hazardous meals
- Merchandise that comprise any non-phytocannabinoid ingredient that will increase efficiency, toxicity or addictive potential, or that will create an unsafe mixture with different psychoactive substances (the rules expressly carve out merchandise that comprise naturally occurring caffeine, equivalent to espresso, tea or chocolate
- Merchandise which are manufactured by software of phytocannabinoid focus or extract to commercially out there sweet or snack meals gadgets with out additional processing the product
- Merchandise which are 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 type not permitted by the OCM, together with a type 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 type, the utmost efficiency is 10 mgs of whole THC per serving and 100 mgs whole THC per bundle. Tinctures should adjust to the ten mg THC per serving restrict, however can have as much as 1,000 mg whole 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) will also 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 sort:
- 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, supplied that if the appliance is a part of an software for a Tier 1 or Tier 2 Cultivation license of any cultivation sort, 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 just isn’t in any other case prohibited by the rules.
Given the several types of processing licenses, it is very important word {that a} processor is simply permitted to conduct the actions listed on its software (or any amendments) as accredited 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 software so as to add a distribution license).
Along with these “common” software 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 at all times, strongly advise that anybody who intends to use for a hashish processor license seek the advice of with a educated, native hashish lawyer. Keep tuned for the following publish in our sequence on New York’s adult-use hashish guidelines and rules!