Hemp growers in New York can legally apply for a license to grow cannabis in the state.
On February 22, 2022, Governor Kathy Hochul signed into law S.8084-A/A.9283-A, creating a new Adult-Use Conditional Cultivator license that authorizes eligible hemp growers to apply for a license to grow cannabis containing over 0.3% THC for the adult-use market.
To be eligible for the license, a hemp grower must be authorized to grow hemp under the Department of Agriculture and Markets Industrial Hemp Research Pilot Program and meet certain other requirements.
The application window for the Adult-Use Conditional Cultivator License approved by the Cannabis Control Board was from March 15, 2022, through June 30, 2022.
If you want to apply for a New York growers license as soon as the state allows new applicants, the following information may be useful.
Cannabis vs. hemp
Hemp and adult-use cannabis are both derived from the marijuana plant but are classified differently. Hemp is considered a variety of cannabis that contains 0.3% or less tetrahydrocannabinol (THC). Adult-use cannabis and medical cannabis can contain more than 0.3% THC – which induces a feeling of being high.
Although cannabis use is illegal under federal law, its recreational use is legal in 18 states and Washington D.C. The state of New York legalized recreational cannabis in March 2021. Cannabis is also authorized for medical purposes in 27 states.
In 2018, Congress legalized hemp growing if the plants do not contain more than 0.3% of THC (dry weight).