Hemp farmers are laying the groundwork for a lawsuit against New York in response to proposed state regulations that would prohibit the sale of hemp flower.
A ban on hemp flower would be particularly problematic for small farmers in New York, who are hoping to become boutique style retailers, like a craft brewery. The state Department of Health has argued that the prohibition is in keeping with the state’s effort to curtail smoking generally.
The legislative memorandum notes that while hemp legislation and rules have been considered in Albany, an industry emerged under the existing regulatory framework. “Hemp flower was grown, packaged, and sold to a large customer base; products that will be illegal under the DOH framework,” reads the memo.
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