N.Y. PBH Law § 3398

* § 3398. Definitions. As used in this article, the following terms\nshall have 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\nthis chapter.\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 a 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 marihuana" as defined in subdivision eight of\nsection thirty-three hundred sixty of this chapter.\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 department in regulation. For the purpose of this\narticle, hemp extract excludes (a) any food, food ingredient or food\nadditive that is generally recognized as safe pursuant to federal law;\nor (b) any hemp extract that is not used for human consumption. Such\nexcluded substances shall not be regulated pursuant to the provisions of\nthis article but are subject to other provisions of applicable state\nlaw, rules 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\ndepartment to process, extract, pack or manufacture cannabinoid hemp or\nhemp extract into products, whether in intermediate or final form, used\nfor human 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 * NB Repealed 6 months after the full cannabis control board created\nby Article 2 of the cannabis law has been appointed\n