As many of you are aware, NYS passed legislation (https://www.nysenate.gov/legislation/bills/2021/S854) to make adult possession and recreational use of marijuana legal in NY. As you read the legislation, just like all legislation, a lot of details have yet to be worked out in the rulemaking once the agency for the administration is established. It is proposed it could be as much as 2 years before retail sales occur.

But, marijuana is still not legal on a federal level. Hemp, also Cannabis sativa, has been legal to grow on a federal level for several years now starting with changes in the 2014 Farm Bill. Hemp, by definition is less than 0.3% THC content and marijuana is anything over that number. The state and the federal government agree on this definition.

Why does the difference matter for NY growers of either type of Cannabis? Well, because both the University and the Cooperative Extension system derive some funding from the federal government and performing research or advising the public on anything about the crop risks violating the relationship. This is derived from two federal laws that govern higher education that preclude educational institutions that take federal funding from any activities in substances that are defined as controlled. Even medical marijuana industry is barred from assistance from federally-funded entities. This is part of the reason medical research on the crop is limited in the US – because most hospitals, universities and other agencies that would typically do such trials are the recipients of federal funds. Now, there are a express permissions that can be granted for research but they are rare. So, as it has been, staff are welcome to answer questions about hemp production, processing, and its regulations but not about marijuana.